Categories
News

Life plus 419 years: Judge goes with jury recommendation in Fields case

After a four-hour hearing July 15 in the cramped room temporarily housing Charlottesville Circuit Court, a judge handed down the same sentence recommended by the jury that found James Alex Fields, Jr. guilty of murder and maiming last December: life plus 419 years in prison.

Self-proclaimed Hitler fanboy Fields was convicted of killing Heather Heyer and injuring dozens when he drove down Fourth Street into a crowd of counterprotesters August 12, 2017.

Around 50 people, mostly victims and reporters, crammed into the tiny courtroom, where the air conditioning had to be turned off in order to hear. Some of the people he’d injured directly addressed Fields, whose fash haircut had grown out since December and who sported a scruffy beard.

James Fields faces his accusers in court. Sketch by Hawes Spencer

“Hello, scum,” said Star Peterson, the first of seven victims to testify. Judge Rick Moore asked her to address him rather than Fields, whom she called a “terrible waste of flesh” and said that while he was in prison, she’d be fighting the racism and hate for which Fields stood.

Marcus Martin, immortalized flying over Fields’ car in Daily Progress photographer Ryan Kelly’s Pulitzer Prize-winning photograph, said that on the way to court, he’d seen a car like the Dodge Challenger Fields drove. “It all came back.”

Martin said he still suffers from rage and anger. He can’t ride in the passenger side of a car.  “Fucking coward,” he said to Fields. Martin was there when his friend Heyer died. “I try to understand. There’s no understanding,” he said. 

“I want you to look at me,” he said to Fields. “You don’t deserve to be on earth.” Martin said he’d talked to Fields’ mother. “To put your hands on your mother. You ain’t shit.”

Marcus Martin finally got to confront James Fields in court today. staff photo

April Muniz testified that while she wasn’t struck by Fields, “I must live with what he did that day, with what I saw that day.” In the two years since the attack, she said she’d experienced the moment of impact over and over, and the “sound of metal crushing bone.” She was unable to work and her career trajectory “was forever altered by your actions,” she said to Fields.

Muniz said she now has a fear of joy, because before Fields slammed into the crowd on Fourth Street, the group was happy that the Unite the Right rally had dissipated. In “that split second, there was a transition of joy to pain,” from which she’s still recovering. She continues to have PTSD. “I will not ever have closure,” she said. “Shame on you, James Fields.”

Wren Steele said she was thrown on the hood of one of the parked cars on Fourth “so fast I did not feel my legs break, my hand break.” She said she’ll always have pins in her legs, but in the past two years, her “biggest emotional trauma is that [Fields] was not charged as a terrorist.”

Nina-Alice Antony prosecuted the case, and said, “Today is the culmination of a case the likes of which most of us hope to never see again in our lifetimes and in the lifetimes after that. All of us have been marked by this.”

She urged Moore to impose the sentence the jury recommended. “That event shook our community and I think it shook our nation to the core.” And she said Fields’ mental health issues should not be a factor in sentencing because many people suffer from such issues. “Mental health does not cause you to do what Mr. Fields did August 12.”

Assistant Commonwealth’s Attorney Nina Antony, who led the prosecution, with Commonwealth’s Attorney Joe Platania. staff photo

Defense attorney Denise Lunsford said it’s not the role of the court to give victims closure, and that her client should be sentenced as if his crime had occurred “on any other day of the week.” She also asked the judge to consider that Fields has already been sentenced to two life sentences in federal court.

Judge Moore presided over the two-week trial, and this was his first opportunity to weigh in on Fields’ actions. He noted the shock, terror, pain, fear, anger, weeping, PTSD, and trauma he’d heard about from the victims. “That is a starting point for the court.”

A video of Fields driving down Fourth Street, sitting in the middle of the mall, and backing up, only to accelerate forward into the crowd was admitted as evidence in the trial. “This is one of the most chilling and disturbing videos I’ve ever seen in my life,” said the judge.

And he also addressed what has been a thread in white supremacist narratives of the event. “I want to say for the record, he was not being threatened or attacked. No one was around his vehicle.” Fields could have backed up and left, said Moore. 

In Moore’s 39-year legal career, he said, “I’ve never been in a case where so many were so seriously injured by one person.”

Witnesses who had gone with Fields to Dachau in high school testified that he said, “This is where the magic happened.” Moore, too, went to Dachau as a teenager, and found it “one of the most shocking, sobering places.”  He repeated what appears on a memorial there: “Never again.”

Moore said he found clear evidence of murder and that he believed in respecting a jury’s verdict. He gave Fields a life sentence for the murder of Heyer, 70 years for each of five counts of aggravated malicious wounding, 20 years for each of three counts of malicious wounding, and nine years for felony hit and run. And he added a $480,000 fine. 

Afterward, Heyer’s mother Susan Bro said she felt relieved by the sentence. “I want it very clear the United States and Virginia are not tolerating this.”

She said she did not see any remorse from Fields. “I’m not sure with his mental illness he’s capable of remorse.” But she noted that she also kept “a game face” in court and he may have been doing the same.

Several survivors spoke outside the courthouse. “We did not stop racism today,” said Peterson. She said Charlottesiville has some “deep soul searching to do” about its racist past and current racial inequity. “It’s time to get to work.”

And activist Matthew Christensen noted that the Virginia Victims Fund has paid very little to August 12 victims, and urged people to call for the state to pay up.

 

Correction July 16: The $480,000 fine was misstated in the original story.

Categories
News

A12 appeals: DeAndre Harris attackers contest convictions

Two men convicted of malicious wounding for attacking DeAndre Harris in a downtown parking garage on August 12, 2017, are appealing their convictions, and the Virginia Attorney General’s office will now prosecute their cases.

Jacob Goodwin and Alex Ramos were sentenced to eight and six years in prison, respectively, for their part in the brutal Market Street Parking Garage beating that Charlottesville Circuit Court Judge Rick Moore has repeatedly called one of the worst he’s ever seen.

While the Court of Appeals of Virginia has yet to hear the cases, a single judge granted the petitions to appeal without hearing any argument. Legal analyst Dave Heilberg says, “It’s not unusual, but it’s not what usually happens.”

He adds, “They tend not to give appeals without a good reason.”

Anthony Martin, who represents Goodwin, claims there was insufficient evidence to convict his client of malicious wounding.

“The only actions [Goodwin] had taken towards DeAndre Harris was at the most two kicks,” says the petition for appeal, which notes that Harris had a laceration to his head and an arm fracture, but that there’s no evidence that Goodwin caused harm to Harris’ head or arm. “The only conceivable areas of the body that [Goodwin] touched were Harris’ buttocks or bottom.”

To win an appeal on a claim of insufficiency of evidence is “rare,” according to Heilberg. During appellate review, the court will look at all of the evidence in the light most favorable to the commonwealth. “If there’s some evidence to support the conviction that was given, then it stands.”

Martin also argues that the court erred by denying motions to strike four potential jurors from serving on the panel that convicted Goodwin, including two who admitted to participating in Black Lives Matter rallies.

Jake Joyce represents Ramos—who went to trial the day after Goodwin’s conviction. Joyce alleges the jury pool could have been tainted if potential jurors saw media coverage of Goodwin’s trial.

“Ramos would have a stronger case than Goodwin,” suggests Heilberg, adding that the scheduling of their back-to-back trials could be unprecedented.

Joyce believes the trial should never have happened in Charlottesville.

“The danger was not just that jurors would harbor bias against the Unite the Righters who came to their city and caused a riot,” he wrote in the petition. “There is also danger that the circumstances surrounding the trial and the fear of fallout about their verdict might cause local jurors to decide their verdict on something other than the merits of the case.”

All motions to move August 12-related cases out of Charlottesville have been denied, and Heilberg says there’s a slim chance of winning an appeal on that grounds.

Lastly, Joyce argues that Ramos’ malicious wounding charge should have been reduced to a lesser form of assault, because it’s undisputed that he threw only one punch at the back of Harris’ head. But, says Heilberg, the jury made a factual determination based on the evidence it was given, and “if Ramos and Goodwin are acting in concert…one is as guilty as the other.”

A date has not been set for a full briefing or oral arguments in Richmond.

“Appellate review of criminal proceedings plays an important role in ensuring that defendants were treated fairly and afforded due process of law,” says Commonwealth’s Attorney Joe Platania, who prosecuted the cases alongside assistant prosecutor Nina Antony. “This office welcomes and is confident in that process.”

Categories
News

Conflict of interest on the Police Civilian Review Board? Prosecutor says ‘no’

When Police Civilian Review Board member Katrina Turner got involved in her son’s February 1 traffic stop, a local defense attorney asked the city’s commonwealth’s attorney to determine whether she had violated the state’s conflict of interest act.

At last week’s review board meeting, attorney and regular attendee Denise Lunsford told the board she’d asked for a legal opinion and Turner’s removal, to which Turner responded, “You don’t even know what you’re talking about.”

“For Denise Lunsford to literally just come straight for me with no proof, [without] even investigating it, that was totally uncalled for,” says Turner, who has served on the board since June. “I’d like to know why she continues to come after me.”

Turner has also recently filed a complaint against Charlottesville Police Chief RaShall Brackney, whom she claims verbally assaulted her.

In a February 15 letter, Commonwealth’s Attorney Joe Platania described reviewing body-cam footage from two officers involved in the traffic stop.

He observed the first officer give a “somewhat agitated” driver a warning ticket for failing to stop at a stop sign, and then tell him he’s free to go. A backup officer’s footage showed Turner approaching her son’s vehicle with a camera phone in hand, and saying, “I’m on the CRB, so I’m gonna tell you right now…” The officer interrupted her to say she couldn’t get involved while they were conducting the traffic stop.

Platania describes both people as “calm and respectful” throughout the interaction. Turner followed the officer’s command, and stepped back to record the traffic stop, he said.

In his letter, Platania said he found that Turner didn’t do or say anything in violation of the Virginia State and Local Government Conflict of Interests Act, nor did she use her position on the CRB in a retaliatory or threatening manner.

Added the prosecutor, “As a cautionary note, approaching an officer engaged in a legitimate and lawful traffic stop and stating that you ‘are on the CRB’ while filming him does little to promote an organizational reputation of objectivity towards law enforcement.”

Categories
News

Prosecutors pump the brakes on suspended license cases

A lawsuit to help prevent those unable to pay court fines from spiraling into further debt and prosecution got a significant boost last week.

Charlottesville Commonwealth’s Attorney Joe Platania announced January 4 that he will no longer prosecute people charged with driving on a license that was suspended solely for failure to pay court costs or fines.

Platania’s announcement comes on the heels of a December 21 preliminary injunction by a federal judge in Charlottesville, which ordered Department of Motor Vehicles Commissioner Richard Holcomb to reinstate the driver’s licenses of three plaintiffs who automatically lost their licenses when they were unable to pay court costs and fines. Judge Norman Moon predicted attorneys will win the case, and said such automatic suspensions are unconstitutional.

Platania said the injunction raises “significant concerns” about prosecuting people who have had their licenses suspended in that way. He will continue to prosecute other suspensions for DUIs or restitutions, he says.

“I think Joe did the right thing and I’m really proud he did it,” says Liz Murtagh, head of the public defender’s office. “It’ll make a big difference for people,” she adds, particularly her clients, who often can’t afford to pay their fines as they’re leaving the courtroom, starting a “vicious, vicious” cycle.

Albemarle County Commonwealth’s Attorney Robert Tracci says his office put a halt to prosecuting the cases because of the injunction. The cases have been continued in general district court until the constitutional issues have been resolved or the injunction is lifted.

Before Tracci confirmed that his office was not prosecuting those cases, local immigration attorney Tanishka Cruz predicted it wouldn’t happen in the county “as long as Robert Tracci is the commonwealth’s attorney.”

She says Tracci’s office has historically taken a “one size fits all” approach and has sent many of her clients to jail for such an offense.

Says Tracci, “Commonwealth’s attorneys have no more discretion to ignore a federal injunction than to ignore federal immigration laws.”

Attorneys with the Legal Aid Justice Center are representing the three plaintiffs in the federal lawsuit against the DMV.

“We are very hopeful that between the judicial ruling and the bipartisan momentum for repeal, the time has come to end this destructive practice,” says Legal Aid Executive Director Angela Ciolfi. “Meanwhile, the ruling casts doubt on the constitutionality of all suspensions flowing from the statute, and it makes sense for law enforcement to press pause on enforcement.”

Updated January 9 at 12:12pm to clarify that Robert Tracci stopped prosecuting these cases when the injunction was issued.

Categories
News

Parental influence: Borden gets nearly four years for garage attack

He wore a construction helmet that said “commie killer” as he joined in on a brutal beating in a downtown parking garage, striking the already downed DeAndre Harris with a stick until it broke as Harris struggled to pick himself up off the ground.

And though two out-of-town men already found guilty of malicious wounding for participating in the same beating have been sentenced to eight and six years in prison, this one—Daniel Borden, the Ohioan who was 18 years old when he hitched a ride to Charlottesville for the August 12 white supremacist rally—will only serve three years and 10 months.

“I absolutely don’t think my son did anything wrong,” testified his father, retired U.S. Air Force pilot Rick Borden, about the younger Borden’s involvement in what Judge Rick Moore has repeatedly referred to as “one of the worst beatings I’ve ever seen.”

The father, who started his testimony by saying he’d done “quite a bit of comprehensive investigation on this,” told the judge his son was separated from his friends when police declared an unlawful assembly and ordered everyone to leave what was then called Emancipation Park.

Borden joined another group of alt-righters and began making his way toward the Market Street Parking Garage. He picked up the stick along the way for protection, according to his dad.

“I’m not sure that I would have walked out of that park with anything other than an M1 Abrams tank,” said the father. He laughed at the mention of the “commie killer” hardhat, and said it was a reference to the film Full Metal Jacket.

“Back in the day, when I was a B-52 pilot, the Soviets were our mortal enemy,” he added.

A visibly frustrated defense attorney Mike Hallahan told the judge he was “on edge” as he questioned the elder Borden.

Judge Moore then called for a recess. As Borden’s father stood and left the witness stand for the break, he passed this reporter, who was seated in a back row. Making eye contact, he made an aggressive gesture somewhere in between starting a lawnmower and ripping apart a newspaper.

Returning to the stand, in an unusually tangential testimony, the father ranted about other aspects of August 12, including that Harris was allegedly seen throwing bottles of soda that day, and about how “antifa personnel” apparently specialize in “gang beatdowns.”

Commonwealth’s Attorney Joe Platania noted that a lot of the testimony seemed irrelevant, but that he wasn’t objecting. “I think Mr. Borden has a lot he wants to get off his chest,” he said.

And Hallahan argued that everything is relevant.

“Everything is not relevant,” said Moore. “I’m not going to let this sentencing hearing be made about something else.”

Getting back on track, Borden’s father said his son had “tunnel vision” or “target fixation” during the attack. Said the elder Borden, “Dan has no recollection of anybody even around him. He was that full of fear and anxiety.”

But in a video taken after the parking garage beating, Platania said Borden appeared “gleeful,” and that he could be heard saying, “Fuck Antifa. Fuck communism. They got their ass kicked multiple times.”

Prosecutor Nina Antony noted that Borden was half a block away when he saw the beating and decided to join in.

Hallahan, who argued that Borden was drawn to the parking garage because one of the alt-righters was also being beaten in a separate fight, asked the judge to “take out all the drama” and “take out all the politics,” to see that this case is just about a “guy in the parking lot hitting somebody with a stick.”

And the defense attorney said that from the sounds of the video, Borden likely missed Harris with at least one of his swings.

“I don’t think that matters,” said the judge. “He kept swinging because he hadn’t done what he needed to do.”

The defendant’s mother, Kelly Borden, said she didn’t know her son had gone to Virginia for the Unite the Right rally until a friend sent her an article by civil rights activist and independent journalist Shaun King, which identified Borden as one of the men who assaulted Harris. She testified it was “fake news.”

Though Borden faced a max of 20 years in prison, the sentencing guidelines presented to the court that day suggested a year and six months on the low end and four years and two months on the high end.

His attorney recommended the lowest: “Get him out of this community. Charlottesville didn’t want him here in the first place,” Hallahan said.

Antony noted Borden’s young age, lack of criminal history, and voluntary guilty plea, but she still asked for at least the highest sentencing recommendation. She also said she was trying not to let Borden’s parents’ testimony sway her to ask for more time.

Moments before the judge pronounced the nearly four-year sentence, with 20 years of good behavior, and five years of supervised probation after release, Borden gave his own statement—one that seemed more remorseful than his parents’.

He said he cried in his dad’s kitchen when the photos of him on August 12 surfaced on the web. He had only come to town to protest the removal of the Confederate statues, he added.

“I did not know how overwhelmingly against the statues Charlottesville was,” he said. “If I did, I would have thought twice about coming.”

Though Harris wasn’t present in the courtroom, Borden had a message for him: “You didn’t deserve that.” He gave the prosecutor a personal letter that he wanted Harris to read.

He also apologized to Harris’ parents, his own parents, and the entire city.

Said Borden, “I’m truly sorry this has happened to your town.”

Categories
News

Day 12: Fields gets life plus 419 years

After finding him guilty of first-degree murder and nine other charges on Friday, a jury today recommended that James Alex Fields Jr. spend the rest of his life in prison for the carnage he caused here when he drove into a crowd August 12, 2017, killing Heather Heyer and injuring dozens more.

On top of the life sentence for Heyer’s murder, jurors recommended an additional 419 years, far exceeding the minimum penalties of 135 years the self-proclaimed neo-Nazi faced, and threw in a fine of $480,000 for good measure.

Outside Charlottesville Circuit Court, Commonwealth’s Attorney Joe Platania said the trial had been a long time coming for the victims and their families. “We are unable to heal their physical injuries or bring Heather back,” he said. “We are hopeful they’re able to take some measure of comfort in these convictions.”

He also said, “We all have a role to play” in stemming the tide of hate.

Heyer’s mother, Susan Bro, said she was feeling “so many” mixed emotions. She thanked the jury—and Fields’ defense attorneys—and said, ”But in the end, the hands of justice say he needs to be kept away from society for awhile and I’m content with that.”

Susan Bro, outside the Charlottesville Circuit Court after jurors recommend life in prison for her daughter’s murderer, is flanked by Commonwealth’s Attorney Joe Platania and Nina Antony, lead prosecutor in the case. Eze Amos

She said there’s still a lot of social justice work to be done in elections, civil rights and Black Lives Matter. “I’m tired of catchphrases and I’m tired of people making nice-sounding words and nothing happens.” Bro founded the Heather Heyer Foundation to honor her daughter’s commitment to equal rights.

Bro said she doesn’t hate Fields, “but my God the kid’s messed up.”

Before recommending sentencing, jurors heard yesterday about Fields’ lifetime of mental illness.

Al Bowie, who was injured when Fields drove his Dodge Challenger into counterprotesters on Fourth Street, said, “I have a personality disorder, a borderline personality disorder, and I’ve never hurt anyone in my life. Racism and allegiance to President Trump are not mental illnesses. They are choices.”

A judge will formally sentence Fields March 19.

Here’s how the sentencing was broken down.

  • First-degree murder: Life in prison and a $100,000 fine
  • Five counts of aggravated malicious wounding: 70 years and $70,000 fine for each count
  • Three counts of malicious wounding: 20 years and $10,000 for each count
  • Felony hit and run: Nine years in prison.

Related stories

Day 11: Fields’ mental health evaluated

Day 10: Guilty on all charges

Day 9: Closing arguments in Fields’ trial

Day 8: The waiting game in Fields’ trial

Day 7: Witnesses describe Fields’ arrest

Day 6: How Heather died—Witnesses detail severity of injuries

Day 5: More victim and police testimony in James Fields’ trial

Day 4: Jury seated, testimony begins in James Fields’ trial

 

Categories
News

Day 9: Closing arguments in Fields’ trial

It’s in the jury’s hands now.

The prosecution and defense have given their closing arguments on the ninth day of James Alex Fields Jr.’s first-degree murder trial.

The man charged with killing Heather Heyer and injuring many others when he rammed his car into a crowd at an August 12, 2017, white supremacist rally also faces being convicted of five counts of aggravated malicious wounding, three counts of malicious wounding, and one count of hit and run.

Prosecutor Nina Antony encouraged the jury to find him guilty on all 10 counts, which would mean they believe he acted with malice, and that his actions that day were premeditated and intentional.

“It’s not about what Mr. Fields did, it’s about what his intent was when he did it,” said Antony during her closing.

Narrating for a final time what happened in videos that the jurors have likely memorized over the past two weeks, Antony said Fields turned onto Fourth Street, where two cars and a group of activists were in front of him, and where nothing but empty road was behind him. He briefly stopped his Dodge Challenger and then started reversing. He could have continued backing up to get off of Fourth Street if that’s what he truly desired, she said, but instead he stopped, idled, and then “something change[d] for him.” That’s when he raced his car forward into the crowd.

Months before, he had posted to Instagram an eerily similar image of a car plowing into a group of protesters.

“He seizes that opportunity to make his Instagram post a reality,” said Antony.

Though the defense’s witnesses testified that Fields was essentially calm, cool, and collected minutes before he sped into the group, Antony said it was in that moment of idling that his demeanor changed. She said he then showed the same “hatred” he previously displayed in text conversations with his mom, in which she asked him to be careful at the Unite the Right rally, and to which he replied with an image of Adolf Hitler accompanied by a message that said, “We’re not the [ones] who need to be careful.”

And though he was immediately apologetic to the police officers who took him into custody after two brief pursuits, Antony said he showed his true colors in two recorded jailhouse conversations between he and his mom months later, in which—among other things—he said, “it doesn’t fucking matter” that Heyer died, and called her mother, Susan Bro, a “communist” and “the enemy.”

This case is about more than differing political ideologies, however.

“It’s about those bodies that he left strewn on the ground,” Antony said. “It’s about Heather.”

In the defense’s closing arguments, attorney Denise Lunsford noted the “crowd mentality” of the protesters and counterprotesters attending the Unite the Right rally.

“A lot of people were behaving badly that day,” she said. “That’s just about as simple as you can put it.”

Though numerous witnesses described the band of activists that Fields sped into as happy, cheerful, and celebratory, Lunsford told the jury, “The difference between a joyful crowd and a hostile mob is in the eye of the beholder.”

She said Fields thought he was being attacked from behind when he plowed into them, which is what he told the magistrate after being taken to jail that day.

“We know there is no one behind him,” again countered Antony. Photos, videos, and witness testimony corroborate that, she said.

Lunsford asked the jury to put themselves in Fields’ shoes. He was 20 years old at the time, overwhelmed by all that happened that day, and as indicated by the directions he had just typed into his GPS, he was just trying to go home to Maumee, Ohio. He’d been spattered with urine earlier in the day and had exchanged choice words with people he calls “antifa.” And when, he alleged, a crowd of them started rushing his car, he thought he was in danger.

Fields didn’t stop at the scene of the crime because his glasses had been knocked onto his floorboard and he couldn’t see whether he’d injured anyone, according to Lunsford. Without his glasses, he also couldn’t see police chasing him, she added.

Antony noted that, even without his glasses, he backed up in a straight line, dodged cars, and efficiently made turns.

A photo taken of the front of the Challenger as Fields reverses away from the crowd he just ran over has been admitted into evidence. His face is visible. He stares intently.

“That is not the face of someone who is scared,” said Antony. “That is the face of anger, of hatred. That is the face of malice.”

Jurors will officially begin deliberating tomorrow at 9am.

Related stories

Day 8: The waiting game in Fields’ trial

Day 7: Witnesses describe Fields’ arrest

Day 6: How Heather died—Witnesses detail severity of injuries

Day 5: More victim and police testimony in James Fields’ trial

Day 4: Jury seated, testimony begins in James Fields’ trial

Categories
News

Day 7: Witnesses describe Fields’ arrest

The prosecution rested today in the trial of James Alex Fields Jr. and the defense began its case, both sides focusing on the defendant during and after his arrest August 12, 2017.

In prosecution videos of Fields after he was taken into police custody, he repeatedly apologized, asked about any injuries, and hyperventilated for more than two minutes during his interrogation. The jury also heard recordings of two phone calls from jail between Fields and his mother, in which he seemed much less apologetic.

In a December 7, 2017, call, Fields can be heard asking his mom an unintelligible question about “that one girl who died.” We can assume that this is Heather Heyer, whom he’s on trial for murdering when he drove his gray Dodge Challenger into a crowd on Fourth Street.

He then mentions that Heyer’s mother has been giving “speeches and shit,” and “slandering” him. “She’s one of those anti-white communists,” Fields says on the recording. And his mother, seemingly reacting to his insensitivity, points out that Heyer died, and that her mother loved her.

Responds Fields, “It doesn’t fucking matter, she’s a communist. It’s not up for questioning. She is. She’s the enemy.”

In a March 21, 2018, phone call between Fields and his mom, Fields complained that he was “not doing anything wrong” on August 12, “and then I get mobbed by a violent group of terrorist for defending my person.”

And he claimed “antifa” were waving ISIS flags at the Unite the Right rally. His mom expressed some kind of intelligible dissent, and suggested he stop talking. “They’re communist, mother, they do support them,” he countered.

Also entered into evidence were text messages between Fields and his mom before the rally. On August 8, he told her he’d gotten the weekend off to go to the rally, and on August 10, she responded with, “Be careful.” And on August 11, he said, “We’re not the [ones] who need to be careful.” He attached an image of Adolf Hitler along with it.

Before resting his case, Commonwealth’s Attorney Joe Platania also played bodycam footage from Detective Steve Young, who appeared on the scene of Monticello Avenue and Blenheim Road as Fields was being detained.

In the audio of the interaction, Fields appeared to be cooperating with police, and repeated multiple iterations of “I’m sorry.”

When Young asked what he was sorry for, he said, “I didn’t want to hurt people, but I thought they were attacking me. …Even if they are [unintelligible], I still feel bad for them. They’re still people.”

He said he had an empty suitcase—”a family heirloom”—in his trunk, and asked police not to throw it away.

Fields also indicated leg pain, and when asked if he needed medical attention, he said, “I’d prefer if they see to the people who were rioting.”

He asked multiple times about any injuries sustained when he drove his car into the crowd on Fourth Street. And once he was taken to the Charlottesville Police Department for interrogation, he finally got his answer.

“There are people with severe injuries. I know one has passed away,” answered Detective Brady Kirby, as heard on the recording. For the next two or three minutes, Fields can be heard hyperventilating. He simultaneously cries while struggling to breathe.

At this point in the courtroom, Fields sat hunched over between his two attorneys, watching the video intently and quickly flicking his pen back and forth. Usually seated to the right of his lawyers, he traded places with one of them for a clearer view.  

Once at the local jail, Fields could be heard telling the magistrate in another recording that as he pulled onto Fourth Street, he had his GPS turned on and he was just trying to go home. He saw two cars stopped at the bottom of the street and began backing up. He said he felt a “really weird” emotion once he saw the counterprotesters.

“I didn’t know what to do,” he said, and never mentioned driving into them.

He also requested to have his face washed before getting his mugshot taken.

After the commonwealth rested, defense attorney John Hill moved to strike all of the charges against his client except for the hit-and-run. He said the prosecutors failed to prove that Fields showed intent to kill and actual malice. But Judge Rick Moore overruled the motions, and said, “I don’t know what intent he could have had other than to kill people.”

The defense called four witnesses, including Deputy Paul Critzer, who chased Fields in his cruiser and eventually cuffed him.

Critzer said he followed Fields for almost a mile, and Fields eventually pulled over on Monticello Avenue. The deputy then instructed him to put his hands outside the window, and started moving toward the Challenger when Fields drew his hands back inside and smashed on the gas. Critzer then chased him for what he described as less than a football field of length before Fields stopped again, and following Critzer’s commands, he threw his hands and keys outside of his window.

That’s when Critzer approached him from the passenger side—another officer had met Fields on the driver’s side—and slapped the cuffs on him.

Deputy Fred Kirschnick described Fields as “very quiet” “very wide-eyed” and “sweating profusely,” as he waited to be taken to the police department for questioning. He smelled a “light to moderate” stench of urine on Fields, which matches the description of a yellow stain on his shirt that others had testified to.

Lunsford also called city officer Tammy Shifflet, who was stationed at the intersection of Fourth and Market streets that morning, and who left her post before the car attack because things had gotten too chaotic.

She said she called her commander to ask for assistance, and he directed her to meet up with other officers. There was a small barricade she described as a “sawhorse” blocking Fourth Street when she left.

The defense is expected to call approximately eight more witnesses. Closing arguments could happen Thursday with a jury verdict as soon as Friday, according to the judge.

Categories
News

Too risky: Blakney accepts plea deal to avoid incarceration

His lawyer painted a picture of a black father in his early 50s, the sole caretaker of his child with autism, who doesn’t have a computer or read the news, and who came to the Downtown Mall on August 12, 2017, to panhandle for the extra money he needed to buy his son’s medication.

Defense attorney David Baugh said his client, Donald Blakney, never expected to witness the largest gathering of white supremacists in modern history when he went downtown that day. And after being seen as “subhuman,” called a “nigger,” pepper sprayed, and spat on, he got angry—and decided to retaliate.

At a March hearing in Charlottesville General District Court, Eric Mattson, a self-proclaimed Constitutionalist from Arkansas, testified that he was carrying a rolled up American flag when Blakney approached him from behind and beat him over the head with a stick. It broke Mattson’s sunglasses, and caused him to black out for a moment, he said.

And when Mattson, who traveled 16 hours to Charlottesville, went back to his hotel room on August 12, he said he saw footage of Blakney assaulting him on national news.

Almost half a year later, in January, Blakney was charged with malicious wounding. Detective David Stutzman testified in March that when he visited Blakney at his home, Blakney admitted to taking his anger out on the man he associated with the white supremacists and neo-Nazis. The detective said Blakney immediately felt remorse, and asked if Mattson was okay.

In Charlottesville Circuit Court on November 6, Blakney sat solemnly, with one hand gripping his cane and his eyes low.

Commonwealth’s Attorney Joe Platania cited Blakney’s sincerity as one reason for offering him a plea deal that would downgrade the felony charge to misdemeanor assault, suspend any jail time, and omit any associated fines. He added that a jail sentence would prevent Blakney from taking care of his noncommunicative son. Platania also said the victim had requested Blakney receive no time behind bars.

Platania and Baugh had very frank discussions about how to proceed, how Baugh planned to argue his case if it went to trial, and what the best outcome would be, according to the prosecutor.

Ultimately, Blakney felt he couldn’t risk going to jail if a jury convicted him of malicious wounding, and decided to take the deal, according to his lawyer and spiritual adviser.

It’s a compromise that keeps him home, but one his supporters don’t think is just.

“Mr. Blakney is a man who loves his family, a man who allowed himself to be unjustly treated so that he could be with, and care for, his family,” says Pastor Phil Woodson, of the First United Methodist Church. “He couldn’t fight for justice because justice is not guaranteed, especially for people of color, and he couldn’t risk it…and so justice passed him by.”

Circuit Court Judge Rick Moore has found three white supremacists from out of town guilty of malicious wounding for their actions at the Unite the Right rally, and two are serving six- and eight-year prison sentences. Perhaps it’s not surprising that the judge took time to mull over the plea deal that Baugh and Platania presented to him for the local man.

But Moore eventually approved it—adding that he thought “long and hard,” and also noting the difference in Blakney’s behavior versus the others.

“A lot of people tried to hide or lie,” said Moore. “And he did show remorse.”

Looking at Blakney, he said, “Maybe I’m naive, but I believe what’s been told to me. …I hope this is truly a one-time experience for you.”

Blakney and his family have received death threats since August 12, and were frightened by police who showed up unannounced to investigate the threats, according to the pastor who sat in the gallery in support of the man he calls his friend.

Says Woodson, “It is my hope and prayer that Mr. Blakney and his family will be able to move on from all this, that their fear subsides, and that they never have to go through this again.”

Categories
News

Overflow meeting: ICE calls continue

After months of thousands of community members urging the authority board at the Albemarle-Charlottesville Regional Jail to stop voluntarily reporting the release dates of undocumented immigrants to U.S. Immigration and Customs Enforcement, the board held a special meeting September 13 to take a revote on that policy.

At the local jail, and every jail in the state, staff is required by state law to tell ICE when an undocumented immigrant is taken into custody—but they also voluntarily call the federal immigration agents when that inmate is about to be released, and oftentimes, they’ll be there waiting for a newly released immigrant as he walks out the door.

At a July board meeting, jail Superintendent Martin Kumer said ICE picked up 25 undocumented immigrants from the ACRJ between July 2017 and June 2018, who were charged with crimes such as malicious wounding, domestic assault, abduction, drunk driving, driving without a license, public swearing or intoxication, failure to appear in court, and possessing drugs.

A vote didn’t happen at the September 13 meeting, but further discussion on the practice did, and Kumer introduced new information that could eventually lead to ending those ICE notifications.

VINE, a tool on the jail’s website, could be the game changer. Kumer said anyone—including ICE agents—can sign up to receive notifications on any inmate’s custody status or release date. The system updates every 15 minutes.

While the program currently has some kinks—as noted by Albemarle County Commonwealth’s Attorney Robert Tracci, who uses it often—Kumer said he’s already working to update the system, and would support encouraging ICE to track undocumented immigrants’ status through VINE instead of having staff call the federal immigration agents upon an inmate’s release.

But the absence of a vote didn’t sit well with community members who have long been calling for the jail board to end the process, and who prompted the special September meeting.

“They’re kicking the can down the road, obviously,” said Margot Morshuis-Coleman, a representative with the Charlottesville-Area Immigrant Resource & Advocacy Coalition, outside the jail. She noted that the “heart of the conflict is criminalizing immigration,” because ICE is currently notified of all undocumented immigrants’ release dates, not depending on the seriousness of their crimes.

“The jail should not do ICE’s work,” she said.

During a public comment session, only three of approximately 20 speakers held the same opinion. Most of them asked the jail to continue notifying ICE of the inmates’ release dates, which puzzled another CIRAC member, Priscilla Mendenhall.

“We question the fact that the majority of the public comment was by folks who were for maintaining notifications,” said Mendenhall, who was waiting in line outside the jail by 11:30am for the 12:30 meeting. Only about six of the people in line in front of her could have been in favor of continuing notifications, she reports, and when she signed up to speak, only about six or eight names were in front of hers.

Kumer said speaking time was given on a “first come, first serve” basis, and he allowed folks to enter the meeting room early because it was raining outside. He also noted that in all of the other related meetings, those against ICE notifications have dominated the public comment portion. More than 30 people signed up for public comment at the most recent meeting, and for those who didn’t get their turn, written comments were accepted and added to the meeting minutes.

Michael Del Rosso, chairman of the Charlottesville Republican Committee, was the first to speak.

“They are illegal aliens. They have no reason to be here anyway,” he said, and encouraged the jail board to continue its practice to help “get them off the streets.”

Many claimed notifying ICE of their release from jail makes the community safer, but opponents say it does quite the opposite.

In a September 12 letter to Charlottesville Sheriff James Brown—who abstained from voting on the matter in January—more than two dozen community groups and individuals encouraged him to vote to end the policy.

“While Tracci and ICE have repeatedly attempted to paint everyone who is taken into ICE custody from the ACRJ as rapists, murderers, and members of organized crime, the reality is that they are our neighbors, coworkers, classmates, parents—beloved members of the community you represent,” the letter said. “The portrayal of these inmates as violent criminals is untrue and a danger to the community in and of itself, as it stigmatizes, isolates, and persecutes an already marginalized population.”

Albemarle Sheriff Chip Harding, who encouraged the board to learn more about the VINE system before voting, was prepared to vote against ending the notifications.

“It bothers me greatly that the current ICE practice is to place detainers on almost everyone coming into our jail that is here illegally,” Harding wrote in a September 2 letter to the board.

He noted that ICE only takes a percentage of undocumented immigrants into custody after they leave the jail, and after review, some are released back into the community.

“Reportedly/understandably, the time this practice requires has a detrimental impact on the family,” he wrote, but he cites his oath of office, and said he feels compelled to comply with ICE, which has been charged by Congress to enforce 400 federal statutes.

Tracci shares Harding’s opinion of compliance, and in a letter that Tracci addressed to the Albemarle Board of Supervisors September 12, he said the ACRJ becoming the first Virginia jail to discontinue ICE notifications for inmates subject to federal detainers would have “safety and legal consequences,” partially because they’d all be released back into Albemarle where the jail is located, rather than the jurisdictions where they committed their offenses. The ACRJ houses inmates who were charged in Albemarle and Nelson counties, and Charlottesville.

But the man who holds Tracci’s job in the city, Joe Platania, wrote an August 10 letter of stark contrast.

The jail board’s position of voluntarily reporting and the media coverage surrounding it has left many community members “legitimately feeling angry, scared, and isolated,” according to the city’s commonwealth’s attorney.

“In some cases, primary caretakers or breadwinners are removed and are no longer able to care for their children, who are oftentimes citizens,” wrote Platania. “I am also concerned about witnesses and victims looking at voluntary notification as a reason to be uncooperative with local law enforcement and not report crimes or participate with prosecutions because they fear the deportation of charged individuals.”

He noted the “significant concern” of two of the immigrants deported between July 2017 and June 2018—one charged with DUI and the other with assault and battery—whom a judge had released on bond prior to their trials.

“They are currently considered fugitives from justice,” Platania said. “One problem presented by this scenario is that individuals who may not be guilty of the crime they have been charged with have no ability to assert their innocence and stand trial.”

And, he added, if they were tried and convicted before their deportation, they would have been held accountable for their actions, and Platania’s office could use those convictions as evidence in the event of a second offense. Each prosecutor is also able to reach out to ICE and request assistance in cases where they believe removal is the best option, he said.

When undocumented immigrants are charged with a crime and held without bond, Platania said his office determines whether they present a flight risk, are a danger to themselves, or a danger to the community. If prosecutors can’t establish any of those factors, they recommend release back into the community with terms and conditions, and if they do establish one or more of those factors, they ask that the immigrants be held until their trial.

Platania also said he “concurs wholeheartedly” with a July 1 letter from the jail board—signed by Kumer and board chair Diantha McKeel—in which they said undocumented immigrants don’t pose an inherent danger based solely on their citizenship status.

“If the board agrees with the letter it wrote, it may be useful to have ICE articulate with specificity how the voluntary notification policy furthers legitimate local public safety needs,” Platania said. And after examining available data on city cases, “I am unable to see the positive impact the current policy has on family stability or public safety.”

Echoing the local activists’ position, he said, “If community safety is one of our guiding principles, and it must be, it seems unwise to have a policy that perhaps unintentionally (albeit foreseeably) undermines it.”

At the meeting, City Councilor and jail board member Wes Bellamy suggested that if the ICE notifications must continue, the board should be open to compromise. He suggested leniency for undocumented immigrants charged with nonviolent crimes such as public intoxication, loitering, or civil matters related to paying child support.

The board will meet again in November to further discuss their policy and hear an update on any VINE system upgrades that have been initiated.

“The decisions that we make, they have consequences on people’s lives,” Bellamy said. “This is something we have to get right.”