Indictment for Federal Threats and False Statements in Connection with “Hate Crime Hoax”

On Tuesday, the U.S. Attorney’s Office for the District of Colorado announced that three individuals—Derrick Bernard Jr., Ashley Blackcloud, and Deanna West—have been indicted by a federal grand jury for allegedly orchestrating a malicious scheme involving a false threat concerning a racially charged incident in Colorado Springs. This indictment centers around a conspicuous event that took place during the 2023 mayoral run-off election in the city, which featured a Black candidate and a white candidate. The defendants are accused of conspiring to create and disseminate misinformation regarding an incendiary cross burning in front of a campaign sign that had been altered with a racial epithet. The incident allegedly aimed to affect the political landscape and instill fear within the community.

According to the indictment, Bernard, Blackcloud, and West allegedly planned the incident to disrupt the electoral process favoring Candidate 1, the Black contender. Bernard reportedly communicated with the other defendants about mobilizing a strategy he likened to “Black ops style big brother,” indicating a premeditated effort to counter perceived threats posed by white supremacist groups. The trio purportedly conspired to carry out the cross burning in the early hours of April 23, 2023, at a prominent intersection in Colorado Springs—an action laden with historical implications, given the symbolism of a burning cross in the context of racial terror.

The details outlined in the indictment describe how the three defendants executed their plan by placing a wooden cross and setting it ablaze in front of Candidate 1’s campaign sign, which had been vandalized. The use of red spray paint to scrawl a racial slur emphasized the heinous nature of the act, signaling an intention to provoke outrage and fear among the community and particularly against supporters of Candidate 1. This act was not only a blatant display of racism but also served as a political maneuver aimed at influencing the electoral outcome through intimidation tactics.

Following the staged incident, Blackcloud and West reportedly took to spreading the narrative of this supposed hate crime by emailing local news agencies accompanied by a photograph and video of the burning cross, which they had recorded themselves. This dissemination of misinformation is critical as it led several media outlets to cover the incident, thereby amplifying the defendants’ fabricated story of victimization and hate crime. The prosecution argues that this deliberate act of deception falls squarely under the violation of federal law, specifically under 18 U.S.C. § 844(e), which addresses the malicious conveying of false information related to threats of violence.

In addition to facing the indictment for conspiracy and related charges, the defendants, if convicted, could face severe penalties under federal law. The statute provides for imprisonment of up to ten years and financial penalties for individuals who maliciously communicate false threats or attempt to create situations that jeopardize public safety. The repercussions extend beyond their potential prison time, reflecting the serious societal impacts of their actions, which sought to manipulate public perceptions during a critical election period.

As the case progresses, it underscores the significant implications of such incendiary actions within the context of political campaigns. The indictment not only highlights the lengths to which individuals might go to influence electoral outcomes through nefarious means but also emphasizes the ongoing issues of race and racism in American political life. This incident serves as a reminder of the critical need for integrity in political discourse and the potential dangers posed by disinformation, particularly in a society where political, racial, and social tensions can easily be inflamed.