That all depends on determining whether an apparent 'statement of intent' is an actual crime in itself. [I think you'll find that it is].
But it was not his intent, which is why it is clear that no crime has been committed.
Your 'personal definition' is all very well but does not necessarily bear any relevance with actuality.
Well, that's why I was very clear about saying it was my definition. I mostly wanted to layout where I thought such a charge should fall, regardless of how it is currently acted upon. Heck, if the definition of terrorism was saying the word 'bomb' in public (arrests and all still happen), I would be saying the same thing. In that case, the law should change because it is wrong. The trouble with a terrorism charge is that there really isn't a clear definition. That's wrong too. It needs to be clearly defined.
Do you have to demonstrate 'intent' to cause panic... or simply act/do something sufficiently irresponsible to achieve the same effect?
Clearly my definition wasn't a legal definition, but if I were to pretend it was... You're suggesting a case where someone clearly did/intended to kill civilians in a public format, but it is not clear whether they were/intended to cause public panic? Not a very likely case, I'd say. But, yes... in that case a certain recklessness on the part of the killer regarding public panic could be construed as terrorism. That would be for a jury to decide. Along with all the clear evidence of murder.
At the end of the day, 'intent' [or not] does not matter if the potential repercussions are the same.
Really because everyday billions of people get in their cars to go to work or go home. Car accidents kill more people than anything else that jumps to mind at the moment. You're saying they should all be arrested because even though it isn't their 'intent' to kill someone, and even though they didn't kill anyone, they might? What about climate change? Scientists say that if everything continues, there could be affects years from now that cause deaths (severe weather, floods, droughts).... so all those people should also be arrested for also causing deaths of people that haven't even been born yet? Those mass murders! Lock them all up! Oh wait, we already lock up more people than any other country by a lot.
However, what I have read from your post suggests you think it's possible for someone to 'accidentally' be a terrorist. Not by not paying attention to who you sell weapons, fertilizer, give money to, but by saying the wrong things in the wrong place. I am 100% against this. You yourself pointed out the separate charge of 'incitement to riot'. Why have 2 charges for the same thing if both mean 'your negligence almost caused panic'?
If some drunk pilot crashed into another skyscraper, causing the same circumstances as 9/11, they are not a terrorist. Yes, they have to face the consequences of their actions. It's like murder. You can't 'accidentally' murder someone. If it's accidental, it's manslaughter. If it's not, it's murder. No, everything isn't black and white. The story in the OP is clearly white.
Words are only circumstantial (as pointed about by everyone who used the word 'context' in this post). I am also against bringing charges against anyone with only circumstantial evidence. I also believe the more severe the charge, the more solid the evidence must be. Especially now that story about the NSA recording all phone conversations, text messages and whatnot broke.
It is Law Enforcement's first and most important job to ensure public safety. Therefore, the young man was found and arrested. Efficiently and without him being harmed during the process. No one was overzealous. An "Abundance of caution" was exercised, and rather well. Kudos to all involved.
Again, I am not saying he should not have been taken away from there as 'an abundance of caution'. The 'over-zealousness' was actually charging him with anything when they have no evidence against him. That is my point of contention.