I guess the question is whether or not federation is automatic. If it’s manual, then every instance you want to interact with will have to federate with your instance.
In this particular case, I believe the accused should be an inpatient at a mental health facility, especially because of the violent threats that were made. There is no way he should be allowed to walk free and continue doing this to people.
In the case of someone with Tourette's yelling "Fire! Titties! Fire!" in a crowded theater and causing a stampede - they are still not responsible, nor would they be ruled responsible for any deaths that occur, and that's 100% correct in my view.
This guy, given his behavior, should absolutely be in a facility where he can't do any harm.
However - I have known a few people with Tourette's over the years, and can absolutely say that mental state and abilities should play a factor in whether or not something that's done would violate the law.
Yelling "fire" in a crowded theater may not be something someone with tourette's can control. If that causes a stampede and people get trampled, that's not their fault, in my opinion.
Oooh, that's a good community name.