It's mentioned in the article that several lawyers were contacted and they all agreed it plainly did not constitute a threat.
> But tying this potential legislation to the message Tan communicated to his 408,000 Twitter followers would appear to be a serious legal challenge: Half a dozen lawyers and judges told Mission Local that, however ill-advised, Tan’s comments do not rise to the legal definition of a death threat.
Which makes sense. Wishing someone a slow death is akin to saying "go to hell." It is a terrible thing to say and can be said with hate and malice and make you feel very worried but it is not the same thing as "I'm going to kill you."
> But tying this potential legislation to the message Tan communicated to his 408,000 Twitter followers would appear to be a serious legal challenge: Half a dozen lawyers and judges told Mission Local that, however ill-advised, Tan’s comments do not rise to the legal definition of a death threat.
Which makes sense. Wishing someone a slow death is akin to saying "go to hell." It is a terrible thing to say and can be said with hate and malice and make you feel very worried but it is not the same thing as "I'm going to kill you."