"Eye for an eye" means that he would have to have stabbed the student first. It's not "Death for an insult".
In other cultures, openly wishing death upon another person warrants a death wish in and of itself because it means you hold malicious intentions for that person.
In America we seem to wait until the person decides to summon the confidence to complete the action instead of nipping it in the bud and taking the threat out before it becomes hostile. Prime examples being Virginia Tech and Columbine.
It often starts as "I hope this person dies [of something] because he is dumb." Unless this was agitated by this person causing you problems then it will develop into "I will kill this person because he is dumb." Now if you say this to a grocery clerk who is a bastard it usually doesn't mean you will go back and kill him later. But if it has a idealogical component (such as hatred for armed forces in certain circles of academia) it can make the person you threatened a foci of your hatred because he represents something you hate very dearly on an aesthetic level. The phrase now becomes " I will kill or harm this person because he is dumb and represents that which I hate."
The man thought the student was dumb for being in the army. If the man hated the U.S. army or any other military and it's actions then hurting this student emotionally and physically would help him relieve his stress and he would feel as if he were lashing back at "the man". This is a clear motive in any court of law no matter how absurd you may interpret it. If you study criminal justice you will find that crimes originate in these types of aggressive statements that intend to emotionally harm individuals to try and vicariously fight an entity larger than you that you know you cannot go up against (such as the army or national guard of any given country).
Also it is crucial to know that an eye for an eye also meant if you look at my wife I can look at yours. If you look at my cattle with intent to steal and people see you publicly lusting for either wife or cattle in this matter it's the same as stealing. And everyone knows looks eventually turn into something else over time. Let's not kid ourselves into thinking that it stops there. Sometimes it's about context and looking beyond seemingly harmless actions.
Do you think individuals who cat call to women on the street will just stop there? No eventually they will muster the confidence and gall to rape a woman.
While the student remains legally and morally in the wrong, in sensitive times such as these making negative comments about the military of any state is stupidity at it's finest. Notice how he didn't say "I feel what the military is doing is wrong....etc. How do you feel as a prospective member of this institution?"
He said: " HaHAHAHAH YOU ARE STUPID AND GOING TO DIE [FOR A STUPID INSTITUTION]."
Now don't hit me with this freedom of speech and free country bullshit because you know if you said this to an ROTC student in Wikitaw, KA your ass would be down on the ground in a headlock and no one would give a shit, in fact they would say "KILL THE MOTHERFUCKER!".
Excerpt :
Prosecutor Deb Bell said Mr Warren wanted to stress that he was not racist. If Chung was upset he could have sought counselling or sought help but he "didn't do any of those things".
HOW ARE YOU TELLING A STUDENT TO SEEK COUNSELING FOR EMOTIONAL DISTRESS THAT
YOU CAUSED YOU STUPID STUPID MOTHER FUCKER!
YOU ARE TELLING A 17 YEAR OLD HE IS GOING TO DIE, DON'T YOU THINK HE WILL GET VERY VERY ANGRY
I remain steadfast in my opinion, Mr. Warren deserved to die. TEACHERS GET KILLED FOR LESS HERE.
In the words of Capone and Noreaga: "BITCHES NEED TO WATCH THEY MOUTH OR GET CAPPED."
