Man gets 4 years for cross-burning political hoax

DENVER (CN) — A federal judge on Wednesday sentenced a Colorado Springs man to 46 months in federal prison for staging a hate crime to generate outrage and support for a Black candidate running for mayor of the city in 2023.

“This isn’t a case about threats against one person; it was a case about threats against an entire community,” said U.S. District Judge Regina Rodriguez. “Threats against public officials are very serious matters and have been on the rise."

When Derrick Bernard, 36, met Yemi Mobolade in 2023, he promised to help the Black independent candidate gain traction during a tight runoff in the mayoral election against Wayne Williams, a Republican-backed former secretary of state who is white. In text messages to Mobolade, Bernard promised “Black ops style big brother,” and “I can guarantee the finish.”

The plan turned out to entail the circulation of photos among local media and online of a cross burned beside Mobolade’s campaign sign, which had been defaced with a racial epithet.

An FBI investigation uncovered the apparent hate crime as a hoax designed to drive voters to turn out and put Modolade into the lead. While Mobolade became the Colorado city’s first elected Black mayor with 58% of the vote, he credited the win to his own campaign and coalition-building. On the witness stand during trial, Mobolade maintained he knew nothing of Bernard’s plan and recalled his family living in fear after seeing the hallmark of the Ku Klux Klan targeted at him.

“This was not just politics for me; this was personal, Mr. Bernard. What you and others have done has caused real harm, not just to me, but to members of my campaign,” Mobolade said during sentencing.

Approaching Easter, Mobolade recalled moving to Colorado Springs as a pastor and that forgiveness is an important part of his beliefs.

“As a man of faith, I believe in forgiveness,” Bernard said. “But this one is hard for me.”

Alongside Bernard, federal prosecutors also charged Ashley “Trinity” Blackcloud and Deanna West with conspiracy to defraud the U.S. government and interstate intimidation using fire.

In separate motions to dismiss, Bernard and Blackcloud had argued their message was protected political speech rather than a true threat and that the law prohibiting fire intimidation is meant to be applied against bomb threats, not cross burnings. Rodriguez rejected both motions, sending the case to a jury.

Following a five-day trial, a Colorado jury found Bernard and Blackcloud guilty of both charges. In January, Blackcloud was sentenced to one year and one day, which she is appealing.

West pleaded guilty to a single charge of conspiracy in exchange for the government dropping the second charge. Rodriguez sentenced her to three years of probation last year.

During Wednesday’s sentencing, prosecutors pursued a hate crime enhancement on the sentence, which Bernard’s defense attorney, Tyrone Glover, rejected.

“I’m taking issue with this idea that factually these defendants singled out a particular defendant because of his race in the same way the Ku Klux Klan would drag a Black preacher out of his home,” Glover said. “They were not trying to harm the victim; they were trying to get him elected.”

Ultimately, Rodriguez applied the hate crime enhancement, finding the selection of the cross and epithet wouldn’t have occurred but for Mobolade’s race. Nevertheless, Rodriguez said she would consider Bernard’s motive in calculating the total sentence.

“Given the plain language, the court must find the enhancement applies, and I must note I find room for debate here, and I note the victim in this case was not targeted for a hate crime in the way it is normally thought of,” the Joe Biden appointee said. “Misguided intention. While the court will apply the three-point enhancement on the guideline, the court will consider the defendant’s statements on the true motive for the requested variance.”

In addition, Rodriguez considered 29 pages of handwritten letters and motions from Bernard and acknowledged that he didn’t enter into the crime out of malice.

Indeed, Bernard and Blackcloud have maintained Mobolade was aware of the plan to generate outrage and support for his campaign. In addressing the court, Bernard reflected on his greatest regret: entering politics.

“The true victims are the taxpayers, the community, Wayne Williams,” Bernard said. “The sole beneficiary of this was Mr. Mobolade. He was nobody before, and he’s somebody now.”

Bernard is currently appealing a life sentence after a state jury found him guilty of first-degree murder for orchestrating a 2019 hit on William Underwood, who performed as FYL Jackk.

While Glover represented Bernard throughout the proceedings, his client spent the months between the trial and sentencing filing for the appointment of a new attorney. Rodriguez denied the request but allowed Bernard to address her directly through the hearing.

U.S. Attorney Bryan Fields represented the government in court.

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