Cape Coral 10-year-old accused of threatening a mass shooting officially charged

Daniel Marquez (Credit: WINK News)

The 10-year-old Cape Coral boy accused of threatening a mass shooting at his elementary school has officially been charged.

The boy’s father, Dereck Marquez, said the family got the news Tuesday afternoon, but the charges were filed Friday.

Daniel Marquez and his family sit down for an interview with WINK News. (Credit: WINK News)

Attorney Doug Molloy said he’s surprised Daniel Marquez is being charged saying there’s a missing element, the validity of what deputies call the threat.

Daniel is accused of texting a classmate at Patriot Elementary last month. It included a google image of money and a gun. In a third text, he wrote “Get ready for water day.”

This case got local, national and international attention because Lee County Sheriff Carmine Marceno posted Daniel’s mug shot and perp walk on Facebook, one month ago.

Daniel is 10 years old. He’s a minor, and while this has played out publicly, in the courts, cases against minors are confidential.

Dereck Marquez says he and his son will fight this in public and in court to get justice. They say the sheriff gave them no choice.

“It’s very frustrating. They say they’re protecting him because he’s a minor and that they can’t reveal anything because he needs to be protected, but the laws are written so vaguely and there’s so much gray area that the sheriff was able to present what happened in his own words, not my child’s words, and show his face even though out of courtesy Fox and Friends covered his face,” said Marquez.

WINK News called and emailed the State Attorney’s Office to find out more about the charges. The State Attorney’s Office said Daniel has been charged with a written threat to conduct a mass shooting or an act of terrorism.

Molloy says they will go before a judge next month.

WINK News previously sat down with Daniel and the Lee County sheriff to talk about the arrest, you can read that story here.

Part 1: Exclusive: 10-year-old arrested, accused of threatening mass school shooting speaks out

Part 2: Cape Coral 10-year-old accused of threatening a mass shooting officially charged

Part 3: 10-year-old accused of mass shooting threat declines plea deal, says not guilty

Part 4: Alan Dershowitz gives case analysis of SWFL 10-year-old accused of threatening mass shooting

Part 5: Law enforcement weighs in on 10-year-old accused of threatening mass shooting

Part 6: ‘She should be euthanized’; Experts weigh in on Lee sheriff’s commentary on suspects

Part 7: Family of 10-year-old charged with mass shooting threat requests DOJ investigation into LCSO

Part 8: Hear the last conversation LCSO had with Daniel Marquez, 10, before he was handcuffed

Part 9: More twists: Lawyer quits Daniel Marquez case; new text messages revealed

Part 10: New attorney for 5th grader accused of threatening mass school shooting discusses the case