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‘I did a lot of damage:’ Fourth parking garage attacker sentenced to two years in prison

Just a little over two years after white supremacists marched through the streets of Charlottesville, the final criminal court case opened as a result of the events that unfolded August 11-12, 2017, came to an end Tuesday evening.

Tyler Davis, 51, was sentenced to two years and one month in prison for his role in the assault of DeAndre Harris in the Market Street Parking Garage, despite pleas from his lawyers for Charlottesville Circuit Court Judge Richard Moore to consider alternative punishments, citing his attempts to reconcile and his family’s dependence on him.

“My main goal is not what’s best for Mr. Davis,” Moore said when he delivered his verdict. “It’s not what’s best for his family. It’s about what’s right…If you consider all the impacts on families, no one would be punished.”

Davis entered an Alford plea February 8, admitting that prosecutors had enough evidence to convict him of malicious wounding after he struck Harris on the head with a tire thumper while other Unite the Right protestors kicked and beat him on the ground. Born and raised in Lynchburg, Virginia, Davis, who had been living in Florida at the time of the rally, says he has since denounced white supremacy and dissolved his former allegiance to the League of the South.

“By lashing out at my perceived enemies, I was, without realizing it, lashing out at myself—I hated everyone,” Davis said during his lengthy remarks to the court. “I did a lot of damage, so this is an ongoing process that I will be working on for a long time, probably forever.”

The court determined that the blow Davis delivered was the most damaging to Harris, requiring eight staples in his head to mend. He was, however, given the lightest punishment of the four co-defendants because, Moore said, he only hit Harris once and wasn’t involved in the “group beating” that unfolded after Davis struck first.

Daniel Borden, who struck Harris three times with a large stick, was sentenced to three years and 10 months in January. Jacob Goodwin and Alex Ramos will serve prison sentences of eight and six years, respectively, in August 2018. Goodwin knocked Harris to the ground and Ramos sprinted into the garage to join him in hitting the African American man while he was down. Both Goodwin and Ramos have appealed their cases and are awaiting hearings in September.

Davis’ full sentence is for 10 years with seven years and two months suspended, and nine months credited to his time served for the three months he spent in jail and year that he submitted to electronic home monitoring. Davis was the only defendant in this case who was allowed out on bond; he was permitted to live at home with EHM in order to help take care of his now-19-year-old Autistic son.

Matthew Engle, Davis’ attorney, declined to comment after the verdict.

Joe Platania and Nina-Alice Antony from the commonwealth’s attorney’s office didn’t recommend a specific sentence, but both acknowledged that Davis deserved a lighter sentence than his co-defendants and recognized that he took ownership for his role in the attack.

Although the Charlottesville Police Department is still working to identify two other assailants from the attack, Platania and Antony hope the conclusion of these open criminal cases allows Charlottesville to gain a sense of finality and closure now that the trials are behind it.

“As prosecutors that did six of these cases…we tried to be careful not to make it about message,” Platania says. “We tried to look at the conduct of each individual and focus on each individual case and not prosecute ideology but prosecute conduct. Having said that, we are hopeful that those six prosecutions speak loud and clear about how this community and our office feels about individuals that come here from out of the area to perpetrate hateful acts of violence on others.”

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Last man in August 12 parking garage beating pleads guilty

Tyler Watkins Davis entered an Alford plea February 8, and though it’s technically a guilty plea, it means the man from Middleburg, Florida, is not admitting guilt, but acknowledging that prosecutors have enough evidence to convict him of malicious wounding in the brutal parking garage assault of DeAndre Harris.

Defense attorney Matthew Engle said his 50-year-old client doesn’t challenge the fact that he bashed Harris in the head with a wooden tire thumper, which caused severe trauma and required eight stitches, but he does dispute that it was done with malicious intent.

If the case went to trial, Engle said he would have argued that Davis perceived a threat outside the Market Street Parking Garage and was acting in self defense when he clobbered Harris—and that he did not intend to maim, disfigure, or kill Harris, which is required to meet the standard of actual malice.

Judge Rick Moore has often referred to the racially-charged beating as the worst he’s ever seen, but unlike the other men who participated, Engle noted that Davis only hit Harris once, and backed off when the others piled on.

When participants Jacob Goodwin and Alex Ramos went to trial for their roles in the attack, they were sentenced to eight and six years, respectively. Daniel Borden, who pleaded guilty, was given a lesser sentence of three years and 10 months in January. Davis faces a maximum sentence of 20 years, and will be sentenced in August.

Davis wasn’t caught until months after the others—and he may have Goodwin’s lawyer to thank for his arrest. At one of Goodwin’s hearings, attorney Elmer Woodard played a video of the assault, and asked why police had not arrested Davis, the then-unknown man wearing a wide-brimmed hat, whom Woodard dubbed “Boonie Hat” as he continually referred to Davis’ role in the beating. It wasn’t long after that that Davis was in cuffs.

Assistant Commonwealth’s Attorney Nina Antony said the two other men who can also be seen attacking Harris in the viral video have not yet been identified.

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Found guilty: Theologian banned from UVA for life appeals decision

When about 40 protesters gathered at the University of Virginia School of Law library April 25 to chase off Jason Kessler, one man was arrested—and it wasn’t the one who brought hundreds of torch-wielding white supremacists to Grounds.

Eric Martin, a local activist and theologian, entered the private room where Kessler was studying, sat down, and quietly began reading The Rise and Fall of Apartheid. On October 2, Judge William Barkley found Martin guilty of trespassing and sentenced him to 30 days in jail, with all of the time suspended on the condition of two years of good behavior. He has also been banned from UVA for life.

Martin says he entered the room because he and the other protesters were unsure whether university officials were providing a safe space for Kessler.

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

A Charlottesville police officer and Stephen Parr, the law school’s chief administrative officer, asked Martin to leave the private librarian’s room. When Martin politely declined, as heard on a police body cam video shown in court, he was arrested for trespassing and removed in handcuffs.

Martin has appealed his conviction, and a trial date will be set in December, according to his attorney, Bruce Williamson.

“You don’t go to courtrooms for any kind of justice,” said Bill Streit, Martin’s friend, supporter, and fellow theologian, outside the courthouse. “If we lived in a just society, there would be no racism. White supremacy would be reconciled by justice.”

Kessler, meanwhile, has been banned from Grounds for four years.

In other white supremacy-related court news, Tyler Davis, the Florida man accused of participating in the August 12, 2017, Market Street Parking Garage beating of DeAndre Harris, pleaded not guilty to malicious wounding in Charlottesville Circuit Court on October 4. He’ll go to trial in February, while two others who participated in the beating have already been found guilty and are serving six and eight year sentences.

And Baltimore-based KKK leader Richard Preston was in the same courtroom that day, to request new counsel for an appeal.

In May, Preston pleaded no contest and was found guilty of firing a gun within 1,000 feet of a school on the day of the Unite the Right rally, when Corey Long famously pointed an improvised flamethrower in the vicinity of the Klansman. Both men claimed to be acting in self-defense, and Preston was sentenced to four years in prison.

In entering the no contest plea, Preston waived all rights to an appeal, says legal expert David Heilberg. However, if Preston wants to object to the advice he received from his lawyer, he has to exhaust the state appeals process first before he can file a habeas petition to complain about the legal representation he got.