One knucklehead at a time. :) I do agree that we now know he was just mouthing off, but the law is written so the actuality of the threat isn't the key, it's the intentional making of it. It certainly isn't out of line for people to take threats seriously until proven otherwise. And during that time, as the statute notes, the person threatened has to live concerned that it might be serious or might not. That's a valid harm and letting people go unchastened for causing it is bad policy and unjust.

Sentencing is the appropriate place for "just a knucklehead being a knucklehead" to be taken into consideration.