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

“That’s what someone’s eyes look like when they’re dead,” is the only thought that went through anti-racist activist Star Peterson’s mind as she saw Heather Heyer flying through the air.

Peterson had just been run over by a white supremacist in a Dodge Challenger on Fourth Street on August 12, 2017.

Peterson recounted her experience in testimony on the second day of evidence presented to the jury in the trial against James Fields, who’s charged with first-degree murder for killing Heyer, along with five counts of aggravated malicious wounding, three counts of malicious wounding, and one count of hit and run.

His attorneys have not disputed that he was the one driving the car that barrelled into the crowd that day, smashing into a parked Toyota Camry, which then crashed into a Honda Odyssey, before Fields backed up—running over Peterson and others again—and sped off.

Tadrint Washington, who drove the Camry, didn’t realize she’d been hit. She was caught up in the excitement of the activists joyfully chanting, singing, and claiming victory over the white supremacists and neo-Nazis who came to town to hold their Unite the Right rally that day.

“I never seen so many white people standing up for black people,” she testified. But then she heard a “big, big, big noise,” and “thought a bomb went off.” That was when the Challenger hit her.

She’d seen the car before. While describing the process of navigating around the downtown area, which had numerous road closures for the rally, she said the Challenger was right behind her. “Every turn I make, he’s making the same turns because the roads are blocked off,” she said. And as they were crossing the Downtown Mall on Fourth Street, she saw him stop and start backing up. She assumed this was because the oncoming crowd and the minivan already stopped at the bottom of the street meant it would be a while before any of the vehicles could proceed.

But once Fields slammed on the gas and hit her, she said, she believes she lost consciousness for a few moments. When she regained her vision, she said, “I remember opening my eyes and seeing someone on top of my car, and it freaked me out.”

Minutes before, Lizete Short, the driver of the Odyssey, had stopped her car where Fourth Street meets Water Street to let the crowd of demonstrators pass in front of her. When they turned up Fourth Street, streaming past her van on both sides, she parked and got out to capture a moment she said she was sure would go down in history.

But the next thing she knew, her camera phone was knocked out of her hand, her van had collided into her, she had been propelled onto its hood, and was “being dragged across the street.”

Wednesday Bowie, another victim, testified that she was knocked into a parked truck as the Challenger backed up.

“I got hung up on the trunk of the car. I remember thinking ‘okay, I’m getting hit by a car,’” she said, adding that she lost consciousness after smashing into the truck and being thrown several additional feet onto the ground.

Her pelvis was broken in six places, and a fragmented piece of it sliced her femoral artery, she said.

“I was bleeding out internally as I waited for the ambulance,” she told the jury, adding that she required emergency surgery at UVA. On her second day in the hospital, she had a metal bar called an external fixator drilled through her lower half to hold her pelvis in place.

She also suffered a fractured orbital socket on one side of her face, a broken tailbone, three broken vertebrae, multiple lacerations, and road rash. Her pelvis healed diagonally, so her gait is permanently affected, and her steps are now uneven.

The jury also heard from former Daily Progress photojournalist Ryan Kelly, who won a Pulitzer Prize for his iconic photo of the car hightailing it into the crowd. He described being on Fourth Street and seeing the Challenger stop midway down the street and start backing up.

“I heard screeching tires, the rev of an engine,” and then the car sped past him into the group of protesters. “People went flying. You heard thuds and screams and cries.”

Charlottesville Police Department Detective Jeremy Carper testified there were many “reddish brown stains,” or blood, found all over the Challenger, including on the windshield, the grill, the bumper, and on the Fourth Street asphalt. He also identified swabs of “soft tissue along the windshield” of the car.

The detective was assigned to hand out water and snacks to cops who were working that day, but was asked to respond to Monticello Avenue shortly after the car attack, where police took Fields into custody for a hit and run. That’s where Carper collected a water bottle that was likely thrown into the car during the commotion on Fourth Street, and a pair of sunglasses lodged under the rear spoiler.

He wore black gloves as he handled the evidence in court. He opened a brown bag with red tape to reveal the water bottle, and left the sunglasses inside their bag. The car’s grill was also present in the courtroom, wrapped in brown paper.

Carper said he then went to Fourth Street where he recovered the Challenger’s passenger side mirror, which was also covered in blood, and Heyer’s pants, which he said were cut in half as medics tried to revive her.

As Fields listened to the day’s testimony, he scribbled a few notes into a notepad. His face was expressionless. He wore a blue suit and black tie.

After introducing it in yesterday’s opening arguments, today prosecutors made available to the public a meme that Fields posted on Instagram on May 16, 2017, which shows a car plowing into a crowd of people, and says, “You have the right to protest but I’m late for work.”

The defense has argued that the meme is not political in nature. We’ll see what the jury thinks about that.

James Fields, who racked up 10 state charges after driving his car into a crowd on August 12, 2017, posted this meme on Instagram three months earlier. Courtesy of the city of Charlottesville
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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