ST. PAUL, Minn. (AP) — The Minnesota Court of Appeals says merely expressing hope that someone will become subject to violence isn’t enough to convict them of actually threatening violence.

The court threw out the terroristic threats conviction of a Chisago City man who expressed hope that the state trooper who arrested him for drunken driving would get shot. But the panel let stand his convictions for drunken driving and test refusal.

According to Monday’s opinion, 66-year-old Gregory Allen Olson told the trooper: “I truly hope that you are one of the cops that gets their head blown off.” He later said, “I hope someone puts a slug in your head, you loser.”

The Appeals Court says Olson’s statements didn’t amount to a direct or indirect threat to commit a future crime of violence.