Nearly two years after plowing his car into a group of counterprotesters at the Unite the Right rally—killing Heather Heyer and injuring 35 others—self-proclaimed neo-Nazi James Alex Fields Jr. was convicted on 29 federal hate crime charges.
Yet Heyer’s death was one of the thousands of hate crimes not included in official FBI hate crime statistics, according to the Southern Poverty Law Center.
The FBI relies on local law enforcement agencies to report hate crimes, but because the system is voluntary, many agencies don’t. And even the data that is submitted is flawed, advocates say, because the definition of a hate crime varies from state to state and many local agencies aren’t trained to identify them.
In 2016, nearly “nine out of 10 law enforcement agencies in the country reported no hate crimes, even though…the FBI has information showing hate crimes going up,” says Virginia Senator Tim Kaine.
In response to this systematic underreporting, Kaine, along with fellow Virginia Senator Mark Warner and a bipartisan group of lawmakers, is pushing Congress to pass the Khalid Jabara-Heather Heyer NO HATE Act, named in honor of Heyer and Khalid Jabara, a Lebanese man killed by his neighbor Stanley Majors in Tulsa, Oklahoma, in 2016. (Though Majors, who repeatedly harassed the Jabara family with racist taunts and ran one of the family members down months before shooting Khalid on his front porch, was convicted of a hate crime, that murder was also not included in official FBI hate crime statistics.)
The act aims to “fix the problematic underreporting of hate crimes…and reiterate that hate is not welcome in this country,” Warner says, specifically by supporting the implementation of the National Incident-Based Reporting System to make it easier for local and state law enforcement agencies to comply with existing reporting requirements.
Hate crimes have increased sharply since the election of President Trump, according to the Southern Poverty Law Center. But they are still underreported: In 2015, the FBI reported approximately 7,000 hate crime victims nationwide, but the National Center for Victims of Crime says that, between 2005 and 2015, there were about 250,000 hate crime victims per year. Studies show that only about half of all hate crimes are even reported to the police.
Kaine says doing a better job of measuring hate crimes will help reduce and prevent them, and he points to the example of law enforcement homicides.
Local agencies are “very good [at reporting] the deaths of law enforcement officers,” he says. “As a result, the number of law enforcement officers killed in the line of duty has dramatically decreased in [recent] decades, by focusing attention on it.”
Another goal of the act is to help better train law enforcement to prevent and recognize hate crimes. It will create a grant to support law enforcement agencies that establish policies on identifying, investigating, and reporting hate crimes, including training officers, developing systems for collecting data, establishing hate crimes units, and engaging with the community.
“One of the reasons that [law enforcement agencies] often don’t report is they just haven’t had training on how to recognize hate crimes,” says Kaine.
The act will also create a grant program to establish and operate hate crime hotlines across the country, allowing states to record information on hate crimes and direct victims to law enforcement and local support services.
Perpetrators of hate crimes will be sentenced differently as well. The bill will allow judges to require persons convicted under federal hate crime laws to undergo community service or educational classes centered on the community targeted by their crime.
Heyer’s mother, Susan Bro, has participated in press conferences with the Jabara family in support of the act, and spoken with some of the lawmakers sponsoring the bill.
“Heather is everywhere—in the news, in our minds, in our hearts—but she’s not in the data, nor are the 35 people who were injured while marching alongside her in Charlottesville. If such a despicable act of hatred is not reflected in hate crime statistics, think of everything else that might be missing,” said Bro at a press conference.
“Hate crime investigation…has been pushed aside in general,” added Bro in an interview. “In order to have an authentic prescription for the problem, we need to at least know how big the problem actually is.”
The act has been endorsed by more than a dozen organizations, including the American Civil Liberties Union and the National Disability Rights Network.
“We have broad stakeholders who’ve looked at this [act] and feel like it’s balanced and it’s going to help us tackle the phenomenon of the increase in hate crimes,” says Kaine.
Bro encourages everyone to call on their representatives and senators to support the act.
It’s been two years since the “Summer of Hate,” and Charlottesville, to the larger world, is still shorthand for white supremacist violence. As we approach the second anniversary of August 11 and 12, 2017, we reached out to a wide range of community leaders and residents to talk about what, if anything, has changed since that fateful weekend, and how we can move forward.
Responses have been edited for length and clarity.
What do you think of how Charlottesville, as a city, has responded in the aftermath of A12? What’s changed? What hasn’t?
It’s hard to say what’s changed in Charlottesville. Once heralded as America’s most ideal city, we’ve been outed as a place that is just as flawed as any other town. Having been forced to enter a conversation that has no easy solution, it feels like a collective healing from August 11 and 12 and its aftermath is going to take much longer than any of us want to believe. It’s a humbling and sober thought. That’s not to say there isn’t reason to hope—there certainly is—but I think that the pace of change—real, lasting change—is glacial. I think there’s a way to press on for a better future while extending grace to ourselves and each other.
—Sam Bush, music minister at Christ Episcopal Church and co-founder of The Garage art space
I think the way we tried to respond last year, from a law enforcement perspective, I think it was one of safety, we were definitely trying to assure the residents that no one was going to get hurt in the same way.
I think this year, the planning of Unity Days has definitely given community members a whole new opportunity to figure out how to be engaged about this, how to acknowledge the anniversary, and I think so far it has been a pretty successful effort.
It’s about constantly educating folks about what Charlottesville is all about, because we’re not a one-story town.
–Charlene Green, manager of the Charlottesville Office of Human Rights
I still think it’s a plantation, not a city. I feel that we should be going further with having transparency in the community to be able to work together.
The city hasn’t done anything besides make themselves look good, writing books, getting all these different recognitions for themselves, but nothing for the community.
[A lot of] the activists that were hurt…and that have been the true fighters for Charlottesville, are gone. And then you have some of us who are still left here, but I’m willing to leave, because I’m tired. Because this hasn’t just been going on for me since 2017, this has been going on for me for 13 years now. So I’m tired, because it’s like the more you’re fighting, it’s like it’s not changing.
–Rosia Parker, community activist and Police Civilian Review Board member
It’s difficult to answer, because what people make of that weekend, whether they experienced it directly or not, is up to them, and relies so much on the stories we told about ourselves beforehand.
As a co-creator of Congregate, in our weeks of training, we always emphasized that it was about using the weekend of August 11th and 12th as a pivot point to the long, deep, hard, life-giving work we all can be a part of in dismantling white supremacy. So some people took up that call, and have continued to run with it, learning and growing along the way, and others covered their ears, and wanted to believe that this had nothing to do with Charlottesville or our collective responsibility to one another. And then still others were somewhere in the middle, believing that their ongoing efforts were sufficient, that the status quo was naturally going to lead to some sort of evolutionary progress. We’re a very self-satisfied progressive city.
I think it’s no secret that governing authorities, from City Council to the police force, in the summer of 2017 made choices that left our community vulnerable and exposed and suffering from violence. What hasn’t changed is there still has been little to no accountability for that, and so while people have undertaken their own healing processes, I still believe, even two years on, there’s a tremendous trust deficit between members of the community who saw the violent threat for what it was, and our ostensible leadership, who by and large prescribed ignoring it and left people to be beaten, and then prosecuted some people who defended themselves.
And again we saw that on the first-year anniversary, the over-militarized response. Treating the community and activists as the enemy has been the wrong direction so far. And I don’t think it would take much to repair that trust deficit. “I’m sorry” is free. But that’s going to take some work, and I haven’t seen changes there from city leadership.”
–Reverend Seth Wispelwey, former minister at Restoration Village Arts and co-founder of Congregate Charlottesville
I think in the aftermath of A12, we’ve seen a tremendous increase in civic engagement. More and more people are paying close attention to City Council and getting involved with local community groups. People are trying to understand where we’re at as a community, and how we can create real, lasting change.
The conversation around race and equity has completely changed and there’s an unprecedented level of awareness about local economic and racial inequalities. But we haven’t yet created the level of institutional change needed to fundamentally shift the balance of political and economic power within Charlottesville. We’ve planted the seeds of change, but we have a lot of work left to do when it comes to changing outcomes.
–Michael Payne, housing activist and City Council candidate
Everything and nothing. We’re still very much a city divided. There have been some efforts made…but I don’t think there’s been any real substantive change. We elected Nikuyah, but I’d like to think that that would have happened whether August the 12th ever did or not.
The city’s done a great job with the Unity Days events and that’s a huge start. But we’ve still got such a long way to go.
–Don Gathers, community activist and former Chair of The Blue Ribbon Commission on Race, Memorials, and Public Spaces
“I was still new to Charlottesville when A11/12 happened; I had only been here about eight months, so I don’t have a great deal of perspective on Charlottesville before that time. The changes that I have seen, though, I would characterize as a greater urgency around the conversations that Charlottesville and the country as a whole must engage in—conversations around systemic and institutionalized racism, equity, and the historical inequalities that continue to resonate locally and nationally.
One of the things that worries me in the community is that I continue to hear people say things along the lines of, “they (meaning the white nationalists) weren’t from here…” True, some did come from other places, but I think it is dangerous not to acknowledge fully that this is our problem, too.”
—Matthew McLendon, Ph.D., director of The Fralin Museum of Art at UVA
In terms of where we are this year—with no active threat of more violence and a plan for less police presence, I do want to emphasize that there is increased possibility for the beginning of a healing journey, both at the individual and the community level. It was very hard to begin that process that year, as so many people felt unsafe around the anniversary, so that feels to me very different this year.
Mental health-wise, reflecting on the changes over the past few years, there are many more therapists and other people in our community who are prepared to respond to traumatic experiences and to facilitate healing—in particular the establishment of the Central Virginia Clinicians of Color Network.
Obviously, trauma is historical and something we’re still grappling with. On the positive side, our community is looking very explicitly at health disparity and in particular racial inequity around health outcomes for the first time. Everyone’s coming together in our community health needs assessment to say our number one priority is to address inequity in health outcomes. So I think that is a positive change. Has that disparity changed yet? No. So we have a lot of work to do, but awareness is the first step.”
—Elizabeth Irvin, executive director of The Women’s Initiative
I think Charlottesville is working to bring awareness to the citizens and change its image. There have been intensified efforts to shed light on the truth of the past. That’s a good beginning. But the racial divides in housing and education seem to still be just as bad as before. None of us at the Heather Heyer Foundation actually live in town or even Albemarle County. So we are on the outside, looking in.
—Susan Bro, mother of Heather Heyer and president of the Heather Heyer Foundation
It is always a challenge in the aftermath of a traumatic event, like A12, to move from the initial reactive state to a long-term adaptive state. The city, local businesses, organizations, and citizens responded to the events with a great deal of energy and attention. When we realized that many of us had turned a blind eye to the racism in our community, our leaders took on new initiatives and made demands for change with gusto. But the real trick is what happens in the next 5-10 years.
—Bree Luck, producing artistic director, Live Arts
What do you think the city needs to do to move forward?
One huge step would be to visibly and viably take ownership for that weekend and what happened, and the role that they actually played in it. It’s still very much a point of contention that the folks who directly lost their jobs were two men of color.
The council, whatever it may look like on the first of the year, they’ve got a huge task on their hands. The new buzzword of course is civility, and I think that we’ve got to become comfortable in the incivility for a while, because this was so very painful and hurtful for so many people. Now I’m not saying that 10 years down the road folks still should be shutting down meetings because of it. I don’t see the necessity of that. But if something triggers a person…I think we have to allow space for that, and understand it.
They’ve got to figure out how to bring about some level of trust between the city and the community and the police department. Because that’s what’s sorely lacking right now. And figuring out how to do that, that’s the E=MC squared equation.What it looks like and then how to make it happen. That’s something that’s vital to the renaissance, if you will, of Charlottesville, and getting us to a point where we’re not recognized as just a hashtag.
—Don Gathers
We certainly have issues in this community that we’re working on, but there’s also a lot of great things that are happening. The Chamber of Commerce is in a great position to help with that.
It’s not surprising that the business community [and tourism have] taken some hits from the events that happened in the last couple years. Nobody wants to minimize some of the tough conversations and hard work that’s going on here to build equity, but you can work on those things and also highlight the things that are going really well-—companies that are launching and doing world-class work here, opportunities that are opening up for new careers, that’s the piece that the business community thinks needs to be out there more.
It would be helpful if there was cooperation between elected officials and the business community and others, trying to get toward some shared goals.
—Elizabeth Cromwell, President & CEO, Charlottesville Regional Chamber of Commerce
We have to commit ourselves to the work of making Charlottesville a more equitable city, not just in word but in deed. And we have to hold space to celebrate and document who we are as community and what we’ve accomplished. Fundamentally, we care about this community because we love the people in it. We can’t be afraid of acknowledging that.
—Michael Payne
I was fortunate to hear Bryan Stevenson, the founder of the Equal Justice Initiative, speak earlier this year, and I was moved by his insistence on the need for “proximity.” He stressed that we must be close to, and by extension listen to, those who are not like us.
The Fralin Museum of Art joined the larger national conversation on social justice by participating in the “For Freedoms” project with “Signs of Change: Charlottesville.” Working with our community partners, most importantly Charlene Green from the Office of Human Rights, we convened a series of workshops to bring people together to first learn about the histories of marginalized people in Charlottesville and then talk about ways we could help to stop history from repeating itself. There must be continued opportunities for proximity, education, and dialogue.
—Matthew McLendon
What the City of Charlottesville I believe needs to do in its various official capacities is apologize and take ownership for the exposure and violence that came. At its root, it was a failure to take the inherent violence of white supremacy seriously: these were terrorist groups who threatened violence, the city was adequately warned, and we know for a fact that the police were more interested in what “antifa” was going to do, or [suggested] that we should just ignore them. No one can tell me that if this had been an ISIS free speech rally that it wouldn’t have been shut down immediately. So it starts with that.
Honest and sincere apologies are not weakness, they’re a sign of strength, and I think what Charlottesville is fighting to do and what the city could help do is stop continuing to gaslight people and say yeah, we were wrong, we will take the threat of white supremacy seriously, and I think the temperature would cool across the board.
—Rev. Seth Wispelwey
One, you gotta listen to the community. Don’t just listen at the community, listen to the community. [Be] willing to be transparent, willing to create ideas together, that will make a thriving community.
—Rosia Parker
As a city, I think we have an obligation to help provide opportunities for folks to be engaged and for people to see that we’re trying very hard to walk the talk. At the Office of Human Rights, if we say that equity and social justice are important for residents, then we need to show it.
—Charlene Green
Moments of adversity and heartbreak sometimes give us an opportunity for collaboration and progress. Since August 2017, UVA and the local community have been working together in unprecedented ways. The UVA-Community Working Group that came together last fall identified the most pressing issues that we can begin to work on together—jobs and wages, affordable housing, public health care, and youth education—and efforts are under way now to address those issues through UVA-community partnerships grounded in equity and mutual respect.
So many of us love Charlottesville. I think the best way we can express that love, and the best way we can move forward after August 2017, is by working together to make our community stronger, more united, and more resilient than it’s ever been before
—Jim Ryan, president of the University of Virginia
We need to continue our efforts to rebuild the bonds that unite all of us, with the understanding that a community dedicated to issues of social justice and racial equality is a place that we can be proud to call home, and a place that more people will want to come visit.
—Adam Healey, former interim director of the Charlottesville-Albemarle Convention and Visitors Bureau
Addressing racism at the structural and institutional level remains the highest priority. In particular being able to give the mike to people of color, black people in particular, who have historically not had a voice, would be at the top of that list. From a mental health perspective that’s important because healing can’t occur without first acknowledging the trauma of people who’ve experienced this, and I think we still have a lot of work to do. Some of these events of Unity Days are beginning to give voice to that, and I think there’s a lot more room to do more.
—Elizabeth Irvin
My heart goes out to the city officials since they’re the ones who are publicly shouldering what is actually each of ours to carry. I hope that they will continue to serve humbly, to keeping listening and asking questions. I’ve found that bringing small groups of people from different backgrounds together can be an effective way to get people to speak honestly and calmly in a way that inspires others to listen.
—Sam Bush
Someone besides me to say what we need to do to move forward. People like me who have been in leadership positions for many years ought to create the space for other people living and leading quietly in our community to say what needs to happen.
—Erika Viccellio, executive director of The Fountain Fund
What do individual people need to do to move the community forward?
If you see a need, don’t wring your hands and hope someone does something about it. Step up to see what you can do to move things forward. And then actually do it. Don’t play armchair quarterback. Put feet to your intentions and get involved. If you don’t step up and out, who will?#StepUpStepOut.
—Susan Bro
I’m not sure the public speaking platforms of our age are as effective as we think they are. Many of us are speaking to people who already agree with us which, in turn, merely helps us feel better about ourselves while vilifying those who disagree with us. As a result, we seem quick to anger and slow to listen. The alternative, I think, is much more difficult but more effective. I think we’d each be better off by getting to know someone who couldn’t be more different from us and then befriending them. Easier said than done, of course.
—Sam Bush
There’s no magic pill here that’ll fix this. We’ve got to begin to have those tough and difficult and hard conversations. And we’ve got to stop talking about race and start talking about racism. We can’t just talk about white supremacy, we’ve got to actually have the difficult conversations about white privilege and white advantage. And once we embrace those conversations…then we can move forward and start talking about unification.
I’m not sure there’s a mediator or moderator in the world that could handle that, because in so many instances we’re still talking at each other instead of to each other. We’re still talking about each other instead of trying to handle and solve the problem as it presents itself. How it’s handled, what it looks like, I’m still trying to envision it, but I know that it’s got to happen in order for us to move that needle.
—Don Gathers
People can support community members who are already doing the work to build a better Charlottesville. City councilors need to respect and support Mayor Walker’s leadership. Voters need to vote for strong racial justice supporters. School administrators need to respond with deep policy changes to address concerns about racial equity raised by students and families. We need to stop protecting Confederates and their white supremacist legacy. We can create a brighter future if we do the difficult, sometimes uncomfortable, yet necessary work of liberation, learning and unlearning.
—Lisa Woolfork, UVA professor and community activist
Listen! We are each, as individuals, responsible for change. I am clear that as a white male, I need to listen to people of color and other marginalized communities with lived experiences different from mine. By listening we can understand what we need to do to be active allies. My fear for our whole society is that far too many people want to speak and too few have the self-discipline or awareness to listen.
—Matthew McLendon
Choose to live in community. In an age of climate change, neoliberalism, and tech-mediated communication, we are encouraged to remain fearful and isolated. To paraphrase bell hooks’ essay “Love as the Practice of Freedom”, the road to healing our wounded body politic is through a commitment to collective liberation that moves beyond resistance to transformation. We all have a positive role to play in healing and transforming our community. Yes, that means you too!
–Michael Payne
As individuals we just need to get involved, and stay aware. Because we can’t depend on one agency or one entity to handle it all; we need to all step up as a community, and in whatever way you feel the most comfortable. Hopefully you’re able to push yourself out of your comfort zone. It’s when we stay in our little circles of comfort that we tend to perpetuate stereotypes and assumptions about people in different groups. So to push ourselves to get involved and be challenged, and to challenge each other, I think are some of the things we can do.
–Charlene Green
First and foremost is that self-reflection and working around issues of race and privilege. And within that, being willing to take care of ourselves and recognize what we need to do around our stress and anxiety so we can continue to have uncomfortable conversations and meaningful dialogue, but also continue to challenge ourselves moving forward.
Relative to the traumatic aspect of the anniversary itself, people who were more directly impacted still may be experiencing a lot of traumatic stress, so I just encourage those people in particular to reach out for support.
—Elizabeth Irvin
My own perspective shift came from new and growing relationships in Charlottesville, thanks to a lot of grace and space afforded to me by people who have been working on anti-racist advocacy for a long time here.
The truth is we all have space and grace to grow forward, and so what individuals can continue to do, and I’m talking about cis-hetero white individuals particularly, is not just listen to voices and perspectives that are threatened and crushed by white supremacy, but start to foreground their asks and desires. It will be costly for a lot of the privilege we carry, but it’s a cost that liberates, and is really life-giving in the end.
We can’t all be responsible for all the things all the time, or we’ll burn out, so get plugged in and focus where you feel most called and led. There’s a multitude of opportunities, but life’s too short and racism is too strong in this country to not try a bit harder to show up in embodied solidarity, somewhere.
—Seth Wispelwey
For those of us who weren’t born and raised here I think we need to be committed to better understanding the community we live in. It is only recently that I started regularly attending events and tours at the African American Heritage Center. I have a new, and essential, emerging understanding of the community I’ve been “serving” all these years.
—Erika Viccellio
One thing that we can do as individuals is to extirpate the systemic racism that plagues our culture. At Live Arts…we have begun to explore the systemic barriers to [theater] participation, including obvious issues like cost and content representation—and not-so-apparent barriers like architecture, language, food, and transportation. With the help of community partners this year, Live Arts offered more “pay what you can” tickets and scholarships than ever before. Also, we are diversifying representation on our stages by making more stories written and directed by and about persons of color and women.
Education is the key to effecting change. At Live Arts, we discussed micro-aggressions, unconscious bias, and workplace discrimination each month in board and staff meetings. This summer, we invited volunteer directors to join a diversity, equity, and inclusion workshop so that our creative teams have the tools to create a safe space to work and play.
We are far from perfect. But the aim is not to create a utopian society where we all say and do the right thing. Instead, the goal is to have an equitable culture of belonging, prosperity, community, and creative exploration.
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.
“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.”
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.”
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.
July 1 not only heralds the start of another hot summer, but it’s also when new laws go into effect. Things you were doing legally on June 30 (ahem, 20-year-old vapers) are now against the law. And sometimes vice versa (hello, happy hour).
Nicotine users: Virginia bumps the legal age to purchase and consume tobacco and vape products from 18 to 21 years old—unless you’re 18 and in the military.
Happy hour: Watering holes can now advertise drink specials and prices as long as they don’t promote over-drinking.
Distracted driving: Drivers face a $250 fine for using a cellphone in a work zone.
Tougher move over: Motorists who fail to move to the left lane for emergency vehicles parked on the side of the road can be charged with reckless driving on top of the existing $250 fine.
Inspection sticker: The annual mandatory vehicle inspection will now cost $20, up from $16.
Suspended licenses: The DMV will begin reinstating driver’s licenses that were suspended for unpaid court fines and fees.
Teen labor: The General Assembly repealed the Kings Dominion law that prevented schools from opening before Labor Day so that amusement parks would not lose their youth workforce.
Meals tax: Eating out in Charlottesville will cost a few cents more because the meals tax has gone from 5 percent to 6 percent.
Rear-facing car seats: Babies must face the rear of a vehicle until 2 years old for safety concerns. Parents can be stopped and ticketed for a primary offense if wee ones are spotted facing forward.
Surrogacy expanded: Gay couples and single people can now use donated embryos or surrogates.
Quote of the week
“…I’m kind of done with him, and I’m moving on with my life. I have things to do.”—Susan Bro after James Fields, her daughter’s killer, is sentenced to 29 life sentences June 28
In brief
CRB finished
After almost a year of work and as its term ended, the Police Civilian Review Board, which is charged with creating bylaws for future boards to assure transparency and accountability from the Charlottesville Police Department, finalized its recommendations July 1. The six-member volunteer board calls for a permanent review board and two full-time staff members. The bylaws and a draft ordinance will go before City Council in August.
TJ party’s over
City Council voted 4-1 to ax Thomas Jefferson’s birthday—April 13—as a paid holiday for city employees, with Councilor Kathy Galvin casting the sole vote to keep it. Instead, employees will get March 3 off to celebrate Liberation and Freedom Day, when Union troops emancipated enslaved people here. And they get a bonus floating holiday, to match up with Albemarle County in official holidays.
Teen sentenced
The 17-year-old whose 4chan threat of ethnic cleansing at Charlottesville High closed city schools for two days was sentenced to two 12-month suspended sentences, WINA reports. Joao Pedro “JP” Ribeiro, now 18, publicly apologized in a letter written while he was held at Blue Ridge Juvenile Detention Center, and will return to his native Brazil with his parents in August.
Indie run
Charlottesville native Bellamy Brown, 40, tossed his hat into the ring for City Council, and will run as an independent in November. The former Marine and financial adviser will face independent Paul Long in November, as well as Dems Michael Payne, Lloyd Snook, and Sena Magill.
Bye bye Bird(ie)
Bird has suspended its scooter service for the summer. One stranded user posted a Twitter response from Bird Support that said the scooters were withdrawn at the request of the city. However, the city says Bird cleared out for the summer because its numbers weren’t high enough.
I-64 inferno
A tractor trailer carrying household goods burst into flames June 29, closing westbound I-64 near Crozet for hours, and stranding drivers on the interstate on Afton Mountain. According to the Albemarle fire marshal, the conflagration was sparked by a mechanical issue on the trailer’s tires or brakes.
Montpelier protection
The home of fourth-president James Madison got 1,024 acres put under conservation easement, joining the 915 acres already under permanent historic and conservation easement in Orange. The Mars family, ranked the third wealthiest in the country, according to Business Insider, provided the cash to record the easements, which will be held by Piedmont Environmental Council.
By the numbers
Slower and grayer
The Weldon Cooper Center for Public Service released its growth projection numbers for 2020, ahead of the U.S. Census. Its assessment: Growth in Virginia is slowing and there will be a lot more old people.
Virginia is expected to add more than 650,000 residents by 2020, topping out at 8.65 million.
Urban areas continue to grow while rural populations are shrinking.
One in seven Virginians will be over age 65 by 2020.
Charlottesville will have over 50,000 people by 2020.
The state’s growth rate is down from 13 percent in this century’s first decade to 8 percent now.
The vast majority of Virginians live in urban areas, while the number living in rural areas in 2020 is projected to be 12 percent.
Some victims of the August 12, 2017, car attack are breathing a sigh of relief that they won’t have to endure a second trial, after the white supremacist who murdered Heather Heyer pleaded guilty to 29 federal hate crimes on March 27.
In a state trial in December, James Alex Fields, Jr., a 21-year-old from Maumee, Ohio, was found guilty of first-degree murder, aggravated malicious wounding, and other charges for killing Heyer and severely injuring dozens of other anti-racist protesters when he drove into a crowd on Fourth Street—an event that many have called an act of domestic terror.
A Charlottesville jury recommended he serve a life sentence plus 419 years in prison, but Fields still faced federal charges. His guilty plea agreement means he’ll avoid the possibility of being sentenced to death.
“It’s a relief to think that we don’t have to go through another trial,” says Heyer’s mother, Susan Bro. “It was exhausting the first time.”
She also called it a relief that Fields, who initially pleaded not guilty to the hate crimes, has finally acknowledged his guilt, and admitted that he willfully caused bodily injury to the group of protesters celebrating on Fourth Street because of their race, color, religion, or national origin. Now, “he can get on with his life and I can get on with mine,” says Bro.
Fields told the judge he’d been receiving therapy and taking medication for mental health issues such as bipolar disorder, depression, anxiety, ADHD, schizoid personality, and explosive onset disorders since he was 6 years old. But when asked if he was under the influence of any medicine or alcohol that would interfere with his ability to enter the plea freely and voluntarily, he said, “I’m feeling normal, sir.”
Fields, now sporting a thick, scruffy beard that stuck out about an inch off his face, was escorted into the courtroom in handcuffs by multiple U.S. Marshals.
In exchange for Fields’ guilty plea, U.S. District Judge Michael Urbanski explained that a 30th charge, which carried the possibility of the death penalty, would be dropped. Therefore, his maximum punishment would be another life sentence.
U.S. Attorney Thomas Cullen said he thought the plea agreement struck a good balance between punishment and protecting the interests of his victims, and that it, “vindicated—to the extent you can ever vindicate—the loss of life in respect to Heather Heyer.”
“There’s no point in killing him. It would not bring back Heather,” says her mother.
Bro has remained in the spotlight as racial tensions boil in the wake of the rally where her daughter died, which brought Fields and hundreds of other white supremacists and neo-Nazis to town, and emboldened others across the country. She’s the co-founder of the Heather Heyer Foundation, which seeks to honor the life of the 32-year-old paralegal and activist through scholarship opportunities for people passionate about bringing peaceful social change.
Says Bro, “Sadly, it took a white girl dying before anyone paid attention to civil rights around here.”
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.”
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
Many thought James Fields’ mental health would be used as a defense during his murder trial– but surprisingly, it never came up.
Instead, jurors learned about his troubled state of mind during the December 10 sentencing hearing, after he’d been found guilty of murdering Heather Heyer and injuring many others at the Unite the Right rally.
Attorney Denise Lunsford called on a UVA psychologist who evaluated Fields, and who noted the now-convicted murderer’s lifetime of “explosive” and “volatile” behavior.
UVA’s Daniel Murrie, an expert in forensic psychology, spent approximately 14 hours with Fields over a series of five visits from October 2017 to May 2018, he said. He also interviewed Fields’ mother and reviewed “thousands of pages” of records from Fields’ previous doctors and schools.
And he learned that to family members, Fields appeared “unusual” and as having a “difficult temperament” since before he could even talk. As a baby, he often had outbursts of “volatile, unexplainable crying,” said Murrie, and similar outbursts would continue for the rest of his life.
According to school records, Fields would often exhibit these behaviors when a teacher singled him out by calling on him to answer a question or directing him to the chalkboard. His response would be to scream, run out of the room, or hide under a table.
The psychologist noted a couple of specific examples, including a time when a teacher found Fields making problematic drawings in his textbook and asked him to leave the classroom.
Fields then reportedly gave his teacher the middle finger, ran into another room, and announced, “I’m going to kill her. I’m going to butcher her up. She doesn’t deserve to live.”
These behaviors were likely caused by bipolar disorder, Murrie said. At age six, a bipolar specialist said Fields showed all signs of the illness, though formal diagnoses very rarely happen at such a young age.
By the time Fields was 10, he was hospitalized twice in a “mental hospital for children,” and four years later, he was sent to a “residential treatment facility” for many months. He’s also been assigned diagnoses for schizoid personality disorder and Asperger’s, according to Murrie.
The bipolar disorder could have been genetic. Murrie described a family history in which Fields’ father and both grandfathers had the same illness.
The psychologist also said Fields had a “gruesome” understanding from a young age of how his father was killed in a car accident before he was born. And he was also aware that his grandfather killed his grandmother and then himself.
Fields decided to join the military after high school, which required him to go off all medication. After failing a physical fitness test at boot camp, Fields moved back home with his mother, but never started taking his pills again.
Before coming to Charlottesville on August 12, 2017, Fields had just moved into his own apartment, partially because his mother feared for her safety while living with him, Murrie said. But according to his “sanity evaluation,” Fields was considered sane at the time of the incident.
After being found guilty of 10 related charges, Fields faces a minimum of 135 years in prison.
A few of his victims who testified against him during the trial read impact statements for the jury to consider when imposing a statement, including Star Peterson, Lisa Q., and Al Bowie.
Heyer’s mother, Susan Bro, told them, “I don’t hate Mr. Fields. I’m leaving him in the hands of justice.”
The first anniversary of a loved one’s death is always difficult. On August 12, Susan Bro took flowers to Fourth Street, where her daughter was murdered. “It’s tough,” she says. “This is the last of the firsts. After this, it’s all a repeat.”
A year ago at Heather Heyer’s funeral, Bro said, “They tried to kill my child to shut her up. Well guess what? You just magnified her.”
In the “surreal” year after Heyer was killed at the Unite the Right rally, magnifying her daughter’s voice has become Bro’s mission.
“The first six months, I was driven by anger and a desire to get the foundation up,” says Bro at the Heather Heyer Foundation, which is headquartered in an office donated by the Miller Group law firm where Heyer worked. “The next month, I allowed myself to grieve.”
She shows a reporter photos of Heyer, with a long braid, taken just moments before she died. Heyer went that day to support her friends and former co-workers Marissa Blair and Courtney Commander, says Bro.
“She wasn’t a leader. She was way back in the pack,” says Bro. “Marissa said they were relaxed and happy and going to get food.”
Heyer was wearing all black because she was heading to her restaurant job after the rally, says Bro. “Antifa has tried to claim her.” And to the question of whether Heyer was antifa, Bro is adamant. “Hell no. She was opposed to violence.”
Bro went on last month’s civil rights pilgrimage, and she says it took that to wrap her head around why Heyer’s death was such a big deal: “the sanctity of white womanhood. What if it had been someone black? Would we be having this?”
From the journey to Montgomery, Alabama, to commemorate Albemarle lynching victim John Henry James, she learned, “For a lot of us white people that went, the realization not only the depths of degradation imposed on the black community, but the sheer volume of it.”
The Heather Heyer Foundation offers scholarships to those passionate about social change. Bro describes it as a call to action because “hate is on the rise again.” She expects the foundation will point back to the “marginalized community of people of color,” where “black lives never mattered,” says Bro. “That’s what Heather was there for.”
And while Heyer was outspoken about social justice one-on-one or with her friends, “she couldn’t do it in front of crowds,” says her mother, who appears to have no such problem.
As a former teacher, Bro believes that talking to youth “always has an impact.” She told 5,000 of them at the B’Nai Brith Youth Organization three days after the deadly February 14 Parkland school massacre, “If you say hi to me, you have to tell me what you’ve done to make a difference,” recounts Bro.
And when one kid said he was going to be a lawyer, “I said, ‘No, no, no. What are you going to do next week when you get home?’”
She’s working to expand the foundation’s endowment, which she estimates is around $150,000, and she wants to roll out Heyer Voices, a youth empowerment organization to help young people develop their own “positive, nonviolent social justice campaign,” whether it’s letter writing, getting a permit, or dealing with logistics.
Says Bro, “We’re not encouraging marches. Been there, done that.”
She knows it’s kids who are going to make a difference, and Bro admits her ulterior motive: “I’m looking to train the next generation of Heathers.”
One thing she wants to make clear: “I don’t take a dime from the foundation.”
She shows a photo of her home to a reporter. “No, honey, that’s a single-wide trailer,” she says. It has two leaks and “my husband and I do the work ourselves.”
The past year, they’ve lived on money from the GoFundMe campaign, which raised $226,000, and in October, Bro will start to write and speak for money. She’s working on a children’s book and has a couple of book proposals on accountability and activism. “I’m almost 62,” she says. “No one’s going to hire me.”
She counts more than two dozen speaking engagements she’s done the past year. As for media interviews—there are way too many to count. The week leading up to August 12, Bro seemed to be everywhere on both local and national media.
“It’s a juggling act,” she says. “I’m used to government pay and a steady, stable life. My new normal is managing chaos.”
But after the anniversary weekend, Bro says, “I can get down to brass tacks. I have a better feeling of what needs to be done. I feel like I’m on the verge of something.”
A year after white supremacists and neo-Nazis marched with torches through UVA and violent clashes in the streets left one woman dead and dozens injured, it was with some trepidation that locals commemorated August 11 and 12. The weekend ended without serious injury and with a handful of arrests on misdemeanor charges.
By late Sunday afternoon, the barricades surrounding downtown Charlottesville, which some said had put the city under “martial law,” were coming down, and the 700 Virginia State Police began heading home.
While sightings of hate group members were rare, more than 1,000 police in town created another sort of tension. A student demonstration planned in front of the Rotunda Saturday night abruptly changed course because of layers of restrictions, barricades and cops, and became a loop around university neighborhoods.
And a march from a morning Washington Park remembrance of last year’s tragedy to Fourth Street, where a driver plowed into a crowd of counterprotesters, killing Heather Heyer and injuring many more, became heated when police blocked access to the Downtown Mall from Water Street, where entrance already was restricted to First Street and Second Street SE.
Those entry spots had cops lined up forming a humans-on-bikes barricade there, and marchers continued down to Fourth, where police refused to let them enter. After some heated moments and negotiations by activist Don Gathers, the band of more than 100 marchers split and some went back to Second Street SE to enter the mall through the checkpoint and commemorate the tragedy that occurred on Fourth Street.
Heyer’s mother Susan Bro came with flowers both for her daughter and for the two Virginia State Police officers—Jay Cullen and Berke Bates—who died in a helicopter crash August 12.
“This is not all about Heather,” said Bro. “Oh my dear heavens. There were so many people who were wounded that day. They’re still suffering, still injured. There’s so much healing to do. We have a huge racial problem in our city and our country and we’ve got to fix that, or we’ll be back here.”
Bro brought two red roses for the downed officers, and purple stock for her daughter, which she laid on a memorial of flowers on the sidewalk.
And Bro hugged many of the people who were there August 12 a year ago, including Heyer’s friends Courtney Commander, Marissa Blair and Marcus Martin, the latter captured in Ryan Kelly’s Pulitzer Prize-winning photograph, hurtling up in the air behind James Fields’ car.
And as people were dispersing, another standoff occurred with helmeted state police in the intersection of Water and Fourth streets.
Observing from the mall was Brian Moran, Virginia secretary of public safety, who was here a year ago and watched from the sixth floor of the Wells Fargo building the violent clashes on Market Street below, and famously compared the sporadic skirmishes to a hockey match.
Moran said he counted the weekend a success with a minimum number of arrests. “I couldn’t be prouder of these officers,” he said. “We said it wouldn’t happen again. The city welcomed our resources.”
As he said that, shouts could be heard down Fourth Street, and when asked what was going on, he said, “They’re yelling at police. Last year a woman got killed when protesters took to the streets. We made sure there was no traffic this time. Police are trying to protect the protesters and they got yelled at.”
Moran noted that Jason Kessler, organizer of last year’s deadly Unite the Right rally, had just boarded a Metro in Vienna to go the sequel event he was having in Washington, and Moran seemed relieved to have him out of the state. UTR2 reportedly drew around two dozen supporters and thousands of counterprotesters.
Four arrests had been made by 4pm Sunday. Tobias Beard, 42, a former C-Ville Weekly contributor, was charged with obstruction of free passage when police say at around 11:04am, he deliberately positioned himself in front of police motorcycle units that were attempting to provide safe passage for a group of demonstrators in the area of Preston Avenue and Eighth Street. He was released on a summons.
Activist Veronica Fitzhugh, 40, and Martin Clevenger, 29, of Spotsylvania were each charged with one count of disorderly conduct when Clevenger saluted the Lee statue in Market Street Park at 11:25am. A small group gathered around him and a verbal altercation between Fitzhugh and Clevenger became physical, according to police. Both were released on a summons.
And Chloe J. Lubin, 29, of Portland, Maine, was arrested by Virginia State Police on four misdemeanor charges: assault and battery, disorderly conduct, obstruction of justice and possession of a concealed weapon. At approximately 2:10pm, a state trooper observed Lubin spit in the face of a demonstrator in the area of Fourth and Water streets. As the trooper attempted to take her into custody, she clung to another demonstrator. Upon her arrest, she was found to be in possession of a metal baton, say police. She was released on an unsecured bond.
About 200 people gathered in the Old Cabell Hall auditorium at the University of Virginia on the anniversary of last summer’s August 11 white supremacist tiki-torch march across Grounds, where a small number of students and faculty were encircled and beaten by angry men in white polos and khakis.
The ticketed event was called The Hope That Summons Us: A Morning of Reflection and Renewal, and it began with words from John Charles Thomas, a retired Virginia Supreme Court justice who now teaches appellate practice at the university’s law school.
“Hope gives us the courage to stand up against evil,” said Thomas, who reminded the audience that “light will conquer darkness” and “love is stronger than hate.”
Attendees honored the lives of Heather Heyer, Lieutenant Jay Cullen and Trooper Pilot Berke Bates, who died in Charlottesville last August 12, with a moment of silence. The university’s carillon bells tolled in their honor.
A few sniffles could be heard in the auditorium as most attendees bowed their heads. Heyer’s mother, Susan Bro, sat in the front row.
After songs, a poem and a multilingual reading, UVA President Jim Ryan shared a few words on his 11th day on the job.
“I cannot truly know the pain of others, but I can recognize it and stand with them,” he said, noting that he was not in Charlottesville during the violent events of last summer, though he watched them play out online. “In the face of tragedy, we can still find the strength to move forward, and we must.”
Ryan said one must have the “courage to be candid and open to self-examination,” and with that, he noted that two of the organizers of last year’s Unite the Right rally were, in fact, UVA graduates.
He said it’s easy to side against white supremacists and neo-Nazis, but harder to close the gap between aspirations and realities.
“How do we live our values?” he asked.
To start, he said UVA must acknowledge that gap still exists and admit to the mistakes it made last summer. The university must pledge to learn from its mistakes, and not be afraid to apologize.
Ryan had a message for the victims of the attack at the foot of the Thomas Jefferson statue on this day last year: “I am sorry. We are sorry.”
And with that, the president earned himself a standing ovation.