James Wesley Burger, an 18-year-old resident of Round Rock, was found to have made Islamic terrorist threats against a Christian festival on Roblox.
The U.S. Fifth Circuit Court of Appeals is considering whether a district court order to dismiss Burger’s case will stand.
Roblox is also under scrutiny by the State of Texas. Attorney General Ken Paxton is suing the online gaming platform in a separate case, alleging it is “overrun by predators” that are targeting children.
Background
On May 16, 2025, FBI Special Agent Carletta Carter submitted a sworn affidavit in the Western District of Texas, alleging that in January 2025, Burger used the Roblox account “Crazz3pain” to transmit threats to attack a Christian concert.
Because the online threats crossed state lines and constituted interstate commerce, they violated federal law and fell under federal jurisdiction.
The FBI received a report from an individual located in the state of Nevada of a possible domestic terrorist incident being discussed on Roblox by user “Crazz3pain.” This user was later discovered to be Burger.
The witness observed Burger speak about his desire to commit “martyrdom” at a Christian event and that he wanted to “bring humiliation to worshippers of the cross.”
When the witness asked if it was going to be at a church service, Burger told them it was going to be at a Christian concert. When asked when it would be, Burger said “it will be months … Shawwal … April.”
According to Special Agent Carter, “Shawwal is the tenth month of the Islamic calendar and follows Ramadan. It corresponds to approximately March 31, 2025, to April 28, 2025.”
Billing information provided by Roblox linked Burger to an address in Round Rock, TX. He was also found to have accessed the account in the San Antonio and Austin areas as well, placing him within the Western District of Texas at the time he made the threatening statements.
On February 28, 2025, investigators executed a search warrant at Burger’s residence.
The reported messages were confirmed as having been sent from Burger’s computer, and he agreed to sit down for a voluntary interview, as he was not in custody and no lawyer was present. Burger was afforded the opportunity “to pause the interview and leave the room to pray.”
During the interview, Burger did not hold anything back when asked about the goals of his threat against a Christian concert.
“To obey and submit and live under the banner and laws of God or to literally die trying,” said Burger. “So that’s the end goal. Get the hell out of the U.S. and, if I can’t, then martyrdom or bust.”
When asked of his intention behind the threats, Burger stated that “the intention and the action is something that is meant to or will cause terror.” Asked whether he was a terrorist, Burger responded, “I mean, yeah, yeah. By, by the sense and by my very own definition, yes, I guess, you know, I would be a terrorist.”
Burger was then asked whether he would be looking to acquire a rifle to carry out an attack, to which he responded, “Yes. Pretty much.”
Investigators discovered disturbing Google searches on Burger’s devices, such as “kill the disbelievers where you find them quran,” “what is the punishment for the one who insults allah or his messenger,” “are suicide attacks haram in islam,” “can tou kill a woman who foesnt wear hijab [sic],” and “Festivals happening near me.”
Burger reportedly took screenshots of his user name, “Crazz3pain,” being banned from Roblox. In the interview, he told investigators that being banned in Roblox was a familiar occurrence.
Carter concluded her affidavit by suggesting the court should issue a warrant for Burger’s arrest.
An arrest warrant was issued by Judge Mark Lane that same day. Burger was arrested on May 19, 2025, and was held without bond. He was later indicted on June 17.
Burger’s Linkedin account suggests that he was to be part of Round Rock High School’s graduating class of 2025. Graduation was held May 21 through 23.
Round Rock ISD Chief of Public Affairs & Communications Anastasia Drabicky confirmed to Texas Scorecard that Burger did not graduate. She also stated that he did not have a troubling disciplinary record at the school.
Prosecution
The government sought to detain Burger “pretrial,” based on the alleged domestic‑terrorism‑type conduct. However, Burger’s counsel opposed detention, arguing in part that his Roblox statements were protected speech and did not constitute a “true threat.”
U.S. District Judge Alan Albright in Austin agreed, holding that the charged Roblox communications did not meet the standard for a “true threat” that would be unprotected by the First Amendment. Albright therefore granted Burger’s motion to dismiss the indictment in November 2025 and repeatedly ordered Burger’s release.
This decision was immediately appealed to the U.S. Fifth Circuit Court of Appeals in New Orleans, which stayed the district court dismissal while it considers the case.
Oral arguments were heard in New Orleans last month, before a three-judge panel consisting of Chief Judge Jennifer Elrod, Judge Cory Wilson, and Judge Jerry Smith.
The panel is considering whether the statements Burger made on Roblox constitute a “true threat” and whether his google searches should be considered as evidence.
A ruling has yet to be released.
Should the Fifth Circuit rule in the government’s favor and reverse Judge Albright’s order dismissing the indictment, the case would be remanded to the Western District of Texas for further proceedings on the reinstated charges—possibly being assigned to a different judge.
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