updated 1/29/2009 5:09:20 PM ET 2009-01-29T22:09:20

A Colorado man has been indicted on charges of threatening to kill President Barack Obama and blow up the Mall of America in suburban Minneapolis.

A federal grand jury in Denver handed up the indictment Tuesday against Timothy Ryan Gutierrez, 20, of Cortez in southwestern Colorado.

The U.S. attorney's office said Thursday Gutierrez wasn't yet in custody, and authorities declined to discuss his whereabouts. Gutierrez had no listed phone number and it was not known if he had an attorney.

"Both threats were taken seriously, and both threats were investigated immediately by the FBI," said Jeff Dorschner, spokesman for acting U.S. Attorney Dave Gaouette.

Gutierrez faces one count each of transmission of threats and falsely threatening to use explosives.

'48 hours'
The indictment claims Gutierrez e-mailed the FBI's Washington office eight days before Obama's inauguration saying: "I'm going to assassinate the new president of the United States of America. P.S., you have 48 hours to stop it from happening."

The indictment says a second e-mail threatened to blow up the mall with 40 pounds of C4 explosive and TNT planted on seven cars parked outside.

"Good luck thank you and God bless the you know the rest time is wasting," the e-mail read, according to the indictment.

Cortez Police Chief Roy Lane told the Cortez Journal that an FBI agent and two Cortez officers went to Gutierrez's home and spoke to him on Jan. 12, the day the indictment says the e-mails were sent.

It wasn't clear why Gutierrez wasn't arrested then, and Lane referred those questions to federal authorities. Dorschner and FBI spokeswoman Kathy Wright said she could not comment.

Other men in Florida, Hawaii, Mississippi and Nebraska also face charges in connection with making threats against Obama.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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