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Paying the consequence: Activists fined $15 for late-night street protest

When Corey Long was found guilty of disorderly conduct last month for pointing a homemade flamethrower at white supremacists on August 12, a slew of local activists who’ve dubbed him a “community defender” waited until the sun went down to take to the streets and protest his conviction.

In Charlottesville General District Court on July 19, seven of those activists were found guilty of stepping in the road with poor visibility and fined $15. (A number of those seven had already paid their fines and did not appear).

Around 9:30pm June 8, with signs and banners in tow, several dozen activists began marching around the Downtown Mall, chanting “Corey Long did nothing wrong” and “Cops and the Klan go hand in hand.” And it wasn’t long before things got more heated.

At the west end of the mall, their procession took a right onto Ridge-McIntire, where they began spilling off of the sidewalk and onto the street, and gained the attention of several city police officers.

The cops insisted they stay off the road, and by the time the group took another right onto Market Street, more than a dozen officers were following them. Crowds drew and traffic started backing up as the demonstrators continued to scream at the officers, demanding to know why law enforcement didn’t protect them during last summer’s deadly Unite the Right rally, and refusing to get out of the roadway.

It wasn’t long before the police started arresting them, and in one instance, they hauled activist Veronica Fitzhugh off a Market Street crosswalk and into the back of a paddywagon—her dress exposing her rear and her knees scraping the ground as they dragged her.

“We are, without a doubt, living in a historic moment,” said Sara Tansey, one of the community members charged. She read a statement to the judge on behalf of all of the defendants. “History has proven to us that some laws are bad laws, and some illegal actions will fall on the right side of history.”

Tansey continued, “We believe that when a black man is sentenced to jail time for defending himself against a mob of neo-Nazis, then we are in a moment that demands each member of society to question whether the law is just and whether our actions within the system will endure the test of time.”

Civil rights attorney Jeff Fogel represented the defendants, who each entered an Alford plea, which is not an admission of guilt, but an acknowledgement that prosecutors had enough evidence to convict them.

“I like the idea that if you have civil protests, that you’re willing to pay the consequences,” said visiting Judge Steve Helvin. “I’m certainly going to find y’all guilty.”

Defendants were ordered to pay $89 in court fees along with the $15 fine.

Outside the courthouse, Fogel said his clients were satisfied with the outcome.

“They didn’t want to make a big deal out of this,” he said.

Fogel, who was also present during the late-night protest in June, criticized police for insisting the activists stay on the sidewalk as they marched down Ridge-McIntire, where he says there was no traffic. “Police lose perspective of why they’re there.”

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In brief: Local Park Place, park monikers, parking suit and more

Mansion sweet mansion

Wondering what to do with the extra millions you’ve got lying around the house? Buy a new one!

Edgemont, a Palladian-inspired pad built in 1796 and surrounded by 570 acres of farmland, “is a home whose design is reputed to be the only remaining private residence attributed to Thomas Jefferson,” according to a McLean Faulconer listing on Nest Realty’s website—and it could be yours for the low, low price of $27 million.

The North Garden mansion, which has been on the market for 70 days, also comes with a pool, pool house, guest house and tennis court. In total, it houses eight bedrooms and seven-and-a-half bathrooms.

And while the price tag may be shocking for some, it really isn’t that unusual. The most expensive local sale on record was 1,582-acre historic Castle Hill on Gordonsville Road in Keswick, which sold for $24 million in 2005, according to Bob Headrick, an associate broker with Nest. (While others have been listed for more than $20 million—Patricia Kluge put Albemarle House on the market for $100 million in 2009, which her pal Donald Trump bought for $6.5 million in 2012—none have sold for quite that much moolah, he says.)


Quote of the week

“When you all think about policy changes like this, you need to make sure that in any way you’re not being bamboozled to believe that it’s a change that will be beneficial.”—Mayor Nikuyah Walker at the July 16 City Council meeting about discussions on changing the form of city government to a ward system or a strong mayor


In brief

Renaming the renamed

City Council voted 4-1 at its July 16 meeting to rename two parks for the second time in a year. Emancipation Park—the former Lee Park—will now be known as Market Street Park, and Justice Park—the former Jackson Park—will henceforth be called Court Square Park. Got all that?

Parking wars end

A two-year dispute between Charlottesville Parking Center owner Mark Brown and the city over the Water Street Parking Garage was resolved at the July 16 City Council meeting. The city will buy 73 CPC spaces and lease the center’s remaining 317 spaces, giving the city full control of the garage for 16 years.

Toscano challenger

photo Ellie Williams

Democrats gained 15 seats in the House of Delegates in 2017, narrowing its minority to 49-51, but some of the newly elected Dem delegates want to oust House Democratic Leader David Toscano, according to the Richmond Times-Dispatch. Critics say more seats could have been won with more party support. Fairfax Delegate Jennifer Boysko wants the leadership post, but it’s unclear if she has the votes to call a vote.

One lawsuit moves forward

A federal judge has ruled that a suit filed against about two dozen white supremacist individuals and groups on behalf of the victims of last summer’s Unite the Right rally can move forward.

One lawsuit gets settled

Rally organizer Jason Kessler and anti-racist activist group Redneck Revolt are the last defendants to enter consent decrees in the Georgetown Law Institute for Constitutional Advocacy and Protection suit filed on behalf of the city, downtown businesses and neighborhood associations, to prevent paramilitary groups from organizing in Charlottesville.

Unlock your doors

Well, you probably shouldn’t do that. But, according to government data supplied by online electric supply company Elite Figures, it might be ok if you did. When measuring the number of burglaries per capita in each state, they found that Virginia comes in as the third lowest in the country with 238 burglaries per 100,000 people each year—that’s 47 percent less than the national average.


By the numbers

Booze cruising

Those imbibing while driving through the Old Dominion on the Fourth of July likely didn’t enjoy their ensuing arrest. Virginia State Police say they caught approximately one drunk driver every hour during a 48-hour period on July 3 and 4.

  • 42 DUI arrests
  • 4,911 speeders
  • 1,251 reckless drivers
  • 429 safety belt violations
  • 114 child restraint violations
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Not healed: #ResilientCville showcases residents’ distrust of officials

By Jonathan Haynes

Indignation hung in the air during the July 12 city-sponsored #ResilientCville event as around 150 Charlottesville residents filed into the pews of Mt. Zion First African Baptist Church to confront a panel of public officials about the city’s failure to contain white supremacists on August 11 and 12.

The crowded panel—consisting of Assistant City Manager Mike Murphy, Charlottesville Police Chief RaShall Brackney, Virginia State Police Captain Craig Worsham, UVA Vice President of Safety and Security Gloria Graham, Albemarle County Police Captain Darrell Byers and Charlottesville Fire Chief Andrew Baxter—sat center stage, while Charlottesville spokesman Brian Wheeler jotted minutes on the side.

Before fielding questions, each member gave a brief statement explaining his or her approach to the one-year anniversary of August 12, stressing that enhanced interagency coordination was integral to their plan.

A strident Jeff Fogel was the first resident to the microphone, and his accusation that law enforcement has refused to acknowledge last year’s failures received a lively applause. The Reverend Alvin Edwards stepped in and told him he needed to ask a question.

Brackney said, “We acknowledge gaps, then we respond to those, and that’s how we learn.”

But demands for the police force to acknowledge its mistakes continued throughout the night. At one point, someone asked Brackney to list city police failures. She declined.

Some audience members suggested they would take self defense into their own hands. One denizen said that her complaints to law enforcement last year had been ignored and suggested that she would rely on vigilante groups instead. “I do not trust the fascists, Nazis, or KKK,” she said. “I do trust the antifa. Will you trust us?”

Graham and Worsham admitted that many of the crimes reported by citizens last year went unanswered and reiterated that their new approach will involve communication among agencies and will take citizen complaints more seriously. For her part, Brackney said she understood that many citizens don’t trust law enforcement, and many city authorities, including herself, are new to Charlottesville.

Panelists did not address antifa.

Regarding UVA, someone touched on the university’s new assembly policy, which requires people who are not students to obtain a permit to assemble on grounds. Graham noted that students are exempted from the policy, but also maintained that the policy would not regulate the content of speech. She was met with a chorus of boos.

Toward the end, someone questioned the scheduling of that night’s event, which conflicted with the pilgrimage to the lynching memorial in Montgomery, Alabama, and precluded Mayor Nikuyah Walker and City Councilor Wes Bellamy from attending.

Wheeler took responsibility, declaring it an oversight.

While few preparations were divulged, Worsham said many VSP will be present on August 11 and 12 this year, and in Charlottesville in various uniforms during the week leading up to that weekend—and they’ll be ready to make arrests this time.

Brackney said there will be multiple road closures and parking restrictions. She also said she was “shamed” police stood by last year, and promised that wouldn’t happen again.

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James Fields pleads not guilty to federal crimes

The man charged with 30 federal hate crimes, including the murder of Heather Heyer by ramming his Dodge Challenger into a crowd of counterprotesters on August 12, gave a clipped introduction to the judge when he announced himself as James Alex Fields Jr. on July 5.

Each hate crime charge carries a maximum sentence of life in prison, and it’s unclear whether prosecutors will seek the death penalty.

Wearing a gray-striped jail jumpsuit with bright orange slip-on shoes and rectangular glasses, the 21-year-old Ohio man, escorted by U.S. marshals, strode slowly into the courtroom. He sat next to his attorneys with his back facing those seated in the room, and turned around twice to peer at the crowd, once waving to someone in the first row, who waved back and appeared to work with his attorneys.

While answering procedural questions in a monotone voice before his arraignment, Fields never tacked “sir” onto the end of his responses. He told the judge he has a high school diploma.

“I’ve been a security guard,” he said, when asked about past employment, and he also said he’s been receiving treatment for bipolar disorder, anxiety, depression and ADHD, which have required “several medications” such as antipsychotics and antidepressants.

His brown hair was longer on the top than the sides, and his beard was starting to grow back from what appeared to be a recent shave, as also illustrated by the sketch artist sitting in the front row of the Western District of Virginia federal courthouse.

At one point, seven uniformed marshals were present in the room with the man who some have called a domestic terrorist. At the Unite the Right rally on August 12, Fields was seen standing shoulder-to-shoulder with members of white supremacist group Vanguard America, and carrying a shield marked with their logo. The organization with neo-Nazi ideology has denied that Fields was a member.

After he drove his Challenger into a group of counterprotesters on Fourth Street, sending bodies flying and ramming his vehicle into the back of a Toyota Camry, Fields fled the scene. Police stopped his car on a nearby street and arrested him, and it wasn’t long before classmates and teachers at his former high school in Ohio started speaking to national media outlets such as Vice and ABC News about the kid who drew swastikas and idolized Adolf Hitler, and whom they dubbed “the Nazi of the school.” Fields also previously hit his mother and locked her in a room when she asked him to stop playing video games, and on another occasion, threatened his mother with a 12-inch knife, according to police reports.

As Fields pleaded not guilty to the 30 hate crimes, an unidentified person on the other side of the room—which was packed with victims of the car attack and Heyer’s friends and family—let out a loud, exasperated, “pffffft.”

Federal public defender Lisa Loresh and Denise Lunsford, who also represent Fields in his first-degree murder trial on state charges, will defend him in the federal trial.

Both offered no comment outside of the courthouse.

“Sad situation, man,” said car attack victim Marcus Martin as he was leaving the courtroom with Heyer’s parents, Susan Bro and Mark Heyer. “Sad, sad, sad.”

Updated Friday, July 6 at 4:00pm with additional information.

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Inciting words: Kessler gets a win and $5

In a civil suit against an angry activist, Unite the Right rally organizer Jason Kessler has won $5.

The man who planned the August 12 event where neo-Nazis and counterprotesters clashed in the streets, leaving three people dead by the end of the day, said his suit was intended to bring “decorum.”

He sued Donna Gasapo, who called him every name in the book outside of Charlottesville General District Court in March. In a string of about 30 insults, “murderer,” “racist,” “asshole” and “goddamn crybaby” made the list.

Donna Gasapo communicates her feelings about Jason Kessler both verbally and nonverbally at a December 14 court hearing. EZE AMOS

“They are the exact words I said,” Gasapo told the judge. It was during DeAndre Harris’ assault trial, when community activists rallied outside the courthouse in support of him, and Kessler showed up to report on the trial for vdare.com, which appears to be an alt-right news source.

After missing the trial, Kessler told the judge he began covering the behavior of the activists outside the general district court, by filming them on his phone with personal commentary.

“I was trying to drown his words out so other people wouldn’t hear the terrible things he was saying about them or DeAndre,” Gasapo said.

Her attorney, Pam Starsia, who is also an anti-racist activist, argued that because Kessler is a public figure, Gasapo’s insulting words would have to meet a standard of actual malice. She said the entire community has been on edge since he brought a thousand white supremacists to town.

“Public discourse around those issues is protected by the First Amendment,” Starsia said, though Kessler said calling him a murderer was “reckless disregard for the truth,” and “it hurt [his] character.”

While Judge Bob Downer agreed with Starsia that Kessler’s reputation wasn’t damaged by Gasapo’s comments, he still sided with Kessler and ordered her to fork over $5, though Kessler originally asked for $495 more than that.

Amidst his win, Starsia said she doesn’t think it’ll stop the community of local activists from engaging in such behavior: “I’m very proud and confident that folks who have been having that discourse will continue to have it.”

In other court news, remember Kessler’s August 13 attempted press conference in front of City Hall, where his voice was drowned out by hundreds of shouting protesters until he was eventually chased off, tackled to the ground and escorted out by police?

Phoebe Stevens, a local advocate of peaceful intervention who was found guilty of assault in February, maintains that taking Kessler down wasn’t her intention. She was in Charlottesville Circuit Court June 28 to set a date for her appeal.

As she saw the crowd moving in on him, she said, “We love you, Jason,” and wrapped her arms around him, accidentally knocking him down in the chaos, according to her previous testimony. Her two-day trial is scheduled to start on Valentine’s Day.

In Charlottesville General District Court June 28, an assistant prosecutor announced that hearings for Nic McCarthy and Eleanor Ruth Myer Sessoms would be continued until July 19.

Both were arrested early last month during a late night protest on Market Street, where several community activists blocked traffic in protest of the day’s earlier conviction of Corey Long, the man who they say defended Charlottesville on August 12 when he pointed a homemade flamethrower at white supremacists.

Update July 2: Judge Bob Downer’s first name was omitted in the original version.

Updated 2:40pm July 2 with additional court case news.

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Activists stop traffic, arrested in late night protest

Last night, Charlottesville police arrested about eight community activists who were protesting yesterday’s conviction of Corey Long, the man they say defended the community on August 12 when law enforcement failed to do so.

A couple dozen activists gathered in Justice Park around 9:30pm, and with signs and banners in tow, began marching around the Downtown Mall, chanting “Corey Long did nothing wrong” and “Cops and the Klan go hand in hand.”

By the time they made it to the west end of the mall and turned right to march down Ridge McIntire Road, they had gained the attention of police in at least two vehicles and on two bikes. As some marchers spilled off the sidewalk and onto the street, police demanded they step back onto the sidewalk, nudging activist Nic McCarthy as he shouted, “Corey Long protected us! Where were you?”

Nic McCarthy. Photo by Eze Amos

McCarthy was one of the people arrested and escorted to the local jail, after their procession made it to Market Street, where they stopped traffic by, again, refusing to get out of the street.

Nearly 20 police officers were present on Market Street and the area was awash in blue and red police lights as cops and about 20 activists engaged in screaming matches. Approximately 15 other marchers immediately obeyed police and stepped out of the roadway.

Veronica Fitzhugh, a known community activist, was one who did not. She lay in the middle of a Market Street crosswalk until multiple police pulled her up from under her underarms and dragged her to one of their squad vans—her knees scraping the ground as they removed her from the street. Fitzhugh and McCarthy were also arrested for obstructing free passage at the July 8 Ku Klux Klan rally in Justice Park when they, along with several other protesters, locked arms in front of the gate that the Klan was planning to enter the park through.

Veronica Fitzhugh. Photo by Eze Amos

Police demanded that C-VILLE freelance photographer Eze Amos, who was documenting the protest and arrests, step out of the roadway. He argued that he was a journalist, and that pedestrians are allowed to walk in the crosswalk.

“I can take photos for God’s sake,” Amos said. “That’s my job.”

To that, the officer said Amos was not permitted to walk back and forth across the crosswalk while officers were arresting people there. Amos was not arrested.

Police also arrested Star Peterson, a victim of the August 12 car attack who parked her wheelchair in the middle of Market Street, facing traffic, and threw two middle fingers into the air. She was given a summons, and after eventually moving a bit further down the street, she did it again. This time, police wheeled her out of the street, and called an ambulance to haul her to jail.

Star Peterson. Photo by Eze Amos

As the remaining activists waited for the night to play out, one could be heard saying to the crowd, “Y’all want me to go to Lowe’s and get torches? They’ll let us march then.”

All activists who were taken to jail were released by 1am, according to The Daily Progress.

The other activists arrested were Eleanor Ruth Myer Sessoms, James Alan Swanson, Jenna Hochman and Keval Mandar Bhatt.

Photos by Eze Amos

Updated June 13 at 9:30am with a list of people who were arrested.

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August 12 flamethrower Corey Long to serve jail time for disorderly conduct

“It is what it is. It’s no sweat.”

That’s the statement Corey Long gave today outside the Charlottesville General District Courthouse after he was convicted of disorderly conduct for lighting an aerosol can and pointing it in the direction of white supremacists on August 12.

Community activists wiped tears from their eyes and hastily left the courthouse when Judge Robert Downer sentenced Long to 360 days in jail, with all but 20 suspended, after Commonwealth’s Attorney Joe Platania advocated for no jail time.

“I find that this behavior was very serious,” Downer said when he went against the prosecutor’s recommendation.

After the conviction, Long’s legal adviser offered a few more words than his client.

“Corey Long was and is and remains a hero,” said Malik Shabazz, president of Black Lawyers for Justice, to cheers from the dozens of community activists who showed up in support of the 24-year-old who they say protected the town during the Unite the Right rally that left three people dead and many injured.

Shabazz echoed what the activists have been saying since his client was charged: “Corey Long did nothing wrong.”

He advised that in Virginia, inmates with good behavior only serve half of their sentenced time for misdemeanor charges, and said Long will likely be incarcerated for 10 days. Long was ordered to report to the Albemarle-Charlottesville Regional Jail on June 22.

Shabazz told Long they’ll be the “proudest days you will serve in your life,” and reminded him and the crowd that Martin Luther King Jr. was also arrested and convicted.

As white supremacists filed out of Emancipation Park on August 12, immediately after law enforcement had declared the Unite the Right rally an unlawful assembly, Frank Buck testified that he heard someone say, “Kill the nigger.” He then saw Baltimore Ku Klux Klan leader Richard Preston point his handgun at Long, who was outside of the park and holding the homemade flamethrower with his arm extended. Buck said the flames were first between 20 and 24 inches, and then a bit shorter.

“I thought [Long] was going to be shot and killed,” Buck said. “I then heard the gunshot.”

He says he saw the bullet hit the ground near Long’s feat, causing a tuft of dirt to shoot into the air. He then saw Preston lower his gun and exit the area.

“I lit the can because he wouldn’t get out of my presence,” Long told the judge, though it is unclear whether he was referring to Preston or another man who can be seen swinging a rolled up flag at Long in a photo of the incident that has since gone viral.

Richmond-based defense attorney Jeroyd Greene said Long had been spit on and called racial slurs that day, and that Long first sprayed his aerosol can without lighting it. He only lit it when he perceived a threat, which doesn’t make a case for disorderly conduct, the attorney argued.

In fact, Greene said two men, including Preston, who fell out of line with their white supremacist allies and moved toward Long once they walked down the steps at the park, were the true aggressors who acted disorderly.

“There’s no evidence that they’re doing anything at all but walking down the steps,” said Platania, who argued that lighting the aerosol can was enough of an “annoyance or alarm,” which is required to prove a disorderly conduct had been committed.

Downer said the state’s disorderly conduct statute is complicated and problematic, and in his 17 years of experience, he’s seen only a few people convicted of the crime.

“I don’t have the least bit of doubt of his guilt of disorderly conduct,” Downer said. “It clearly motivated people to react in a way that involved a breach of the peace.”

Preston pleaded no contest May 9 to a charge of discharging a firearm within 1,000 feet of a school, a class 4 felony that carries a maximum sentence of 10 years and fine up to $100,000.

Long was also accused of assault and battery by rally attendee Harold Crews in a separate incident, but Platania said he was unable to reach Crews, and the charge was dismissed.

In the crowd of activists outside the general district court was Kendall Bills, the daughter of local philanthropists Michael Bills and Sonja Smith, who was also involved in August 12 litigation after Dennis Mothersbaugh, whom she calls a “neo-Nazi,” punched her in the face during the rally.

The video of the Indiana man clocking her has also gone viral. Mothersbaugh pleaded guilty to assault in November.

“He was sentenced to a decent amount of jail time, but, more importantly, I was not subject to the intimidation and harassment that now men of color—especially DeAndre Harris, Corey Long and Donald Blakney—are facing in this community,” she said. “As a white woman, I was protected. My case was settled quickly.”

Bills said she took to the streets on August 12 to do exactly what those three black men did, which was “trying to protect and defend our community,” but she hasn’t faced the same “inappropropriate judicial harassment” and retribution the men continue to face in their personal lives.

“The city of Charlottesville should be ashamed today,” she said. “I am proud to be a Charlottesville community member many days, but today is not one of them.”

 

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In brief: The militia won’t come back, a free speech controversy and more

And stay out!

Six militia groups and their leaders named in a lawsuit aimed at preventing white supremacist and paramilitary organizations from showing their mugs around Charlottesville again have settled, agreeing they won’t engage in coordinated armed activity in any of the city’s future rallies or protests.

The latest round of defendants to bow out includes the Pennsylvania Light Foot Militia, New York Light Foot Militia, III% People’s Militia of Maryland, and their commanding officers: Christian Yingling, George Curbelo and Gary Sigler.

Militia groups were confused with the National Guard on August 12 when both groups showed up strapped with assault rifles and wearing camouflage tactical gear, but the former have maintained that they independently attended the rally to serve as a buffer between the increasingly violent alt-right and counterprotest groups.

“It became so overwhelming that the only thing we could do was pick people up off the floor,” Curbelo told C-VILLE after the suit was filed last October.

The lawsuit, which names 25 groups and individuals, was filed by Georgetown University Law Center’s Institute for Constitutional Advocacy and Protection last October on behalf of the city and several local businesses and neighborhood associations.

At this point, Jason Kessler, Elliott Kline—aka Eli Mosley—Matthew Heimbach, the Traditionalist Worker Party, Vanguard America and Redneck Revolt are the only defendants actively litigating the case, according to the law group. Others are in default or haven’t been served yet.

The League of the South, its leaders, Michael Tubbs and Spencer Borum, and the swastika-loving National Socialist Movement and its leader, Jeff Schoep, have also settled.

So with the literal neo-Nazis officially agreeing to stay away, it begs the question: Who will come to Kessler’s anniversary rally (for which the city has denied a permit) this summer?

Rotunda Bible reader silenced

UVA alum Bruce Kothmann decided to challenge the university’s new speech policies when he read from the Bible on the steps of the Rotunda in early May. University police told Kothmann that was not allowed because he needed permission a week in advance and, in any case, the Rotunda is not one of UVA’s designated free speech zones for unaffiliated people—including alums.

Sex reassignment pioneer

Dr. Milton Edgerton, a plastic surgeon who performed some of the first genital reconfigurations in the country in the 1960s at Johns Hopkins University and then in 1970 at the University of Virginia, died May 17 at age 96.

Tweet of the week

Big bucks

The city’s FY 2019 budget provides $225,000 for City Council’s own staff, including a researcher and spokesperson. A recent job listing on Indeed.com for the latter, officially called the “council outreach coordinator,” offers a starting pay between $21.36 and $31.25 per hour to “develop, implement and champion council community engagement initiatives,” among other tasks.

 ’Hoo at Windsor

UVA alum and Reddit founder Alexis Ohanian attended the nuptials of Prince Harry and Meghan Markle with his bride, Serena Williams, who’s a pal of the new Duchess of Sussex.

Ryan Kelly

Ryan’s redo

Pulitzer Prize-winning former Daily Progress photographer Ryan Kelly, who last captured Marcus Martin flying in the air August 12 after being struck by a car that plowed into a crowd on Fourth Street, took photos of Martin and Marissa Blair’s wedding for the New York Times. Pop soul musician Major sang at the event, and the purple theme was in honor of the couple’s friend, Heather Heyer.

Pole-sitter lawsuit

The Rutherford Institute has filed suit on behalf of Dr. Greg Gelburd to demand that one Mountain Valley Pipeline protester named Nutty, who’s perched on a 45-foot pole in the Jefferson National Forest, be allowed food, water and examination by the doctor, whose conscience and religious beliefs have led him to offer services to poor and disadvantaged people across the world.

A big nope

A federal appeals court has ruled that Sharon Love, the mother of Yeardley Love, will not have access to George Huguely’s family’s $6 million insurance policy in her wrongful death lawsuit against her daughter’s convicted killer. The Chartis Property Casualty Company policy has an exclusion for criminal activity.

Ew, gross

The exotic East Asian tick, aka  longhorned tick, was found on an orphaned calf in Albemarle last week, after initially being spotted on a sheep farm in New Jersey in 2017. The U.S. Department of Agriculture is still determining the significance. And in other gross news, the invasive emerald ash borer is on its way to Charlottesville and expected to kill all untreated ash trees within three years.

Quote of the Week

Nikuyah Walker. Photo by Eze Amos

“Most of the stuff I’ve been dealing with is complete nonsense.” —Mayor Nikuyah Walker on Facebook Live May 16

 

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Activist-theologian: Kessler protester talks about trespassing arrest

When about 40 protesters gathered at the University of Virginia School of Law library in April to chase off Jason Kessler, one man was arrested—and it wasn’t the one who brought hundreds of torch-wielding white supremacists to Grounds last summer.

As Kessler sat doing legal research for his upcoming lawsuits in a room that wasn’t open to the public, it appeared to those who wanted him gone that the university had offered him a safe space. UVA law spokesperson Mary Wood says Kessler was not given an office, and was being assisted by a law librarian in the librarian’s office.

But to clear up the confusion at the time, Eric Martin decided to study with Kessler, and was escorted out in handcuffs shortly thereafter.

“I just thought it would help clarify the status—does he have a private office or not?” says Martin. “And the second thing I thought was, ‘Hold up. They had eight months to protect their students by barring this white supremacist who brought people that maced and beat students and beat one of the librarians into a stroke.’”

Martin, a part-time Charlottesville resident who also lives in New York while teaching and working toward his Ph.D. at Fordham University, was reading The Rise and Fall of Apartheid as he sat with Kessler and was told by multiple people that he wasn’t allowed to be there.

One of those was Stephen Parr, the law school’s chief administrative officer, who brought a few law enforcement officers with him.

“The police were clearly waiting for him to make a decision,” says Martin, who adds that Parr told him he was trespassing and asked him to leave. The alleged trespasser who, among other things, teaches Christian nonviolence, says he replied with something along the lines of, “That’s fine. I’m not going to. The students don’t feel safe and I’m going to stay here until Kessler leaves.”

Laughing, Martin says, “And then he had me arrested. I understood that it was possible when he said I was trespassing, but I didn’t think they’d be dumb enough to walk me out of there in cuffs and leave [Kessler] in there. They made their choice on who was the bigger threat at that table.”

Though Martin says some students were in tears, too afraid to attend their classes near the building that Kessler was holed up in, the university is following through with the trespassing charge. He’s scheduled to appear for a preliminary hearing May 22, after C-VILLE goes to press, and says the hearing will be continued to a later date because he’ll be out of town.

Martin will be defended by Jeff Fogel, who has represented several other community activists, and says he will plead not guilty.

After being cuffed, escorted out of the library and taken to jail, Martin was banned from the university. Kessler was also later banned, which Martin says is a sign that he was correct in his peaceful protest of allowing the “white supremacist” access to a private room that day.

“I would imagine that this is extremely embarrassing to [UVA],” says Martin. “I can’t believe they’re pressing charges.”

The ban presents a problem for Martin, who has been using the law library to do research for his dissertation. At the time of his arrest, he had 20 books checked out from Alderman Library and received an email from staff, which said he needed to return them, but couldn’t do so on campus. They arranged a meetup at the university police department, which Martin calls “high comedy.”

In addition, he will no longer be allowed to drive his wife, with whom he shares a car, to the Curry School of Education, where she works as a research assistant. He also faces a year in jail for the trespassing charge.

“That’s a very small sacrifice compared to what Corey Long and Donald Blakney are facing, so it’s hard to complain,” says Martin. “I’m getting the straight white guy treatment. …I have a whole lot of privilege. It’s easier for me to do this than other people.”

Adele Stichel, a rising third-year law student who was at the library on the day of Martin’s arrest, is calling for UVA to rescind the no trespassing order against him.

“I remember being shocked that [Martin] had been arrested while Mr. Kessler had not,” she says. “I think what Eric did was very brave and helped to reveal a troubling attitude that I and others have often sensed from the UVA administration, which is that resistance to white supremacy is somehow a greater threat than white supremacy itself.”

Martin says other supporters—the majority of whom he doesn’t know, including parents of students—have reached out to check on him, thank him or offer to pay his legal feels. In a letter of support from 250 signatories across the country, including many professors and students at Fordham, he’s called an “exemplar of the kind of activist-theologian the academy (Fordham) is presently cultivating.”

Over the past year, Charlottesville has been ground zero for white supremacist action and counterprotest, and some critics say it would all go away if ignored.

“That’s an argument that pays no attention to facts or empirical data,” says Martin. “That’s exactly what UVA tried to do, and clearly, eight months later, it did not go away. It keeps coming to the heart of their campus and terrorizing their students.”

Updated May 23 at 1:44pm to clarify that Martin’s books were checked out at Alderman Library.

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‘Commie killer’ Daniel Borden enters plea, is found guilty

Another man charged with malicious wounding in the August 12 Market Street Parking Garage beatdown of DeAndre Harris has been convicted.

Daniel Borden, whose local TV station and newspaper have said he was known for his swastika drawings and Nazi salutes in high school, was 18 years old when he traveled from Maumee, Ohio, to Charlottesville for the Unite the Right rally.

He entered an Alford plea in Charlottesville Circuit Court on May 21, which isn’t an admission of guilt, but an acknowledgement that there’s enough evidence to convict him. Judge Rick Moore did, indeed, find him guilty.

“His argument is he didn’t have malice in his heart or mind when he did this,” said defense attorney Mike Hallahan. The felony charge carries up to 20 years in prison.

Assistant Commonwealth’s Attorney Nina-Alice Antony—who noted that Borden was wearing a white construction hat with “commie killer” written on it during the attack—said videos show the teenager beating Harris with a wooden object while Harris was already on the ground, which the judge agreed was enough evidence for the malicious wounding charge.

Hallahan previously argued that Borden wouldn’t be able to get a fair trial in Charlottesville, and said at a March 29 motions hearing that the city has shown an “absolute sheer bias” against rally participants by pursuing charges against them but not prosecuting people for jaywalking or blocking Fourth Street during the car attack in which a white supremacist rammed his car into a crowd of people, killing Heather Heyer and injuring many others. Fourth Street was supposed to have been closed during the rally.

After two two-day trials for assailants in the same case, juries convicted Jacob Goodwin, from Arkansas, and Alex Ramos, from Georgia, and recommended a sentence of 10 years and six years, respectively. The judge will formally sentence both men in August.

Borden, who told the judge he’s currently working on getting his GED, is scheduled to be sentenced October 1, exactly one month from his twentieth birthday.