GREENSBURG, Pa. -- A Westmoreland County man accused of threatening a judge wants the charges dismissed because he says he couldn't possibly carry out the threat -- he has no legs and limited use of his arms.

49- year- old Samuel Shoemaker's attorney says his client was simply blowing off steam.

Shoemaker is charged with retaliation against a judicial official and making terroristic threats.

He is accused of threatening to punch and strangle county Judge John Driscoll on April 18th, 2006. Driscoll had just ruled against Shoemaker, who wanted a paternity test to avoid child-support payments.

Shoemaker lost his legs about a decade ago after coming in contact with a high-voltage wire.

District Attorney John Peck says Shoemaker could have carried out his threat.

Watch Alan Jennings' Report