JOHNSTOWN, Pa. (AP) — A federal judge is set to decide whether a 19-year-old Pennsylvania man will be released from jail while he awaits trial on charges that he made Facebook threats to kill preschool children.

Cale Haer, of Johnstown, has told authorities he was joking, has a dark sense of humor, and never intended to carry out the threats posted last month.

But federal prosecutors have nonetheless asked U.S. District Judge Kim Gibson to jail Haer until he can stand trial, claiming he’s a danger to the community.

Haer’s public defender disputes that and a magistrate agreed last week to release Haer to the custody of his father, a guard at the state prison in Somerset. Haer has remained jailed while prosecutors appeal that ruling.

Gibson heard arguments and testimony Wednesday and says he’ll rule Thursday.

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