Loxley Man Sentenced to Time Served for Instagram Threat to ‘Blow Yo Head Off’

MOBILE, Ala. — A Loxley man sentenced Tuesday in federal court in Mobile received time served for threatening to shoot someone in an Instagram message, according to the U.S. Attorney’s Office for the Southern District of Alabama.

Chief U.S. District Judge Jeffrey U. Beaverstock imposed the sentence on Robert Davian Grijalva, 19, for making an interstate threat. Grijalva has been in custody since 2025, according to federal prosecutors.

The threat

Court documents show Grijalva sent the victim a message on Instagram saying he would “blow yo head off.” The message also included emojis of a devil and a drop of blood, according to the documents.

Federal prosecutors have not publicly identified the person who received the message.

Conditions imposed by the court

Along with the time-served sentence, the court ordered Grijalva to follow several conditions, according to the U.S. Attorney’s Office. They include:

• A mental health evaluation and treatment.
• Monitoring for drug and alcohol use.
• No contact with the victim.

Officials: online threats are taken seriously

U.S. Attorney Sean P. Costello said threats made online are treated the same as any other threat of violence.

“Threats to kill or commit violence, including threats made over the internet, are unacceptable and will be prosecuted to the fullest extent of the law,” Costello said.

Christopher R. Flowers, special agent in charge of the FBI’s Mobile Division, said such threats have real consequences for the people who receive them.

“Threats of violence, whether online or otherwise, create real fear in our communities. Robert Grijalva’s conviction underscores the seriousness of these actions and the FBI’s ongoing work to safeguard those who are targeted,” Flowers said. “We will continue to investigate threats wherever they originate and ensure those responsible are held accountable.”

The FBI investigated the case. Assistant U.S. Attorney Gaillard Ladd prosecuted it for the government.

Background: what makes a threat a federal crime

Federal law makes it a crime to send a threat to injure another person through interstate or foreign commerce. Because messages sent over the internet and through social media platforms travel across state lines, threats delivered by text, email, direct message or social media post can fall under federal jurisdiction even when the sender and the person threatened live in the same area.

The offense is a felony that carries a maximum penalty of five years in federal prison. Judges in federal court consider the advisory U.S. Sentencing Guidelines, along with factors such as the nature of the offense and the defendant’s history and circumstances, in deciding a sentence.

What “time served” means

A sentence of time served means the judge has determined that the time a defendant has already spent in custody while the case was pending is sufficient punishment for the offense. In practical terms, it generally means no additional prison time is ordered, though the defendant remains bound by any conditions the court imposes, and violating those conditions can lead to further court action.

If you receive a threat

Law enforcement officials offer general guidance for anyone who receives a threatening message online:

• If you believe you are in immediate danger, call 911.
• Do not delete the message. Take screenshots that show the content, the sender’s account name and the date and time.
• Avoid responding to or engaging with the sender.
• Report the threat to local law enforcement or the FBI, and use the platform’s reporting tools to flag the account.
• Tell someone you trust, such as a family member, school official or employer, about the threat.

Grijalva is from Loxley, a Baldwin County town along Interstate 10 east of Mobile Bay.