A woman who helped a couple with a cross-burning hoax allegedly designed to help elect Colorado Springs’ first Black mayor, was sentenced to three years of probation on Thursday.
In March, Deanna Crystal West pleaded guilty to a federal charge of conspiracy to maliciously convey false information and make threats with the use of fire for her part in the hoax from 2023.
West testified in the trial against the couple Derrick Bernard Jr. and Ashley Blackcloud as part of her deal.
West provided the lighter and recorded a video as Bernard Jr. and Blackcloud burned a cross in front of a campaign sign for then candidate, now Mayor, Yemi Mobolade. A racial slur was painted across the sign.
West then emailed the video to media outlets using a false name.
Jury find others guilty
A jury found Bernard Jr. and Blackcloud guilty of multiple charges in May.
Bernard Jr., who is already serving a life sentence for murder in an unrelated case, has not yet been sentenced.
At the end of August, the court ruled that there was “reasonable cause” to believe that Bernard Jr. might be suffering from mental health issues that could render him incompetent, and ordered an evaluation to be completed.
His sentencing has not yet been scheduled pending that evaluation. Blackcloud’s sentencing has been delayed but is currently scheduled for Nov. 18.
West apologizes before sentencing
West spoke to the court on Thursday before her sentencing, apologizing for the hoax which she acknowledged placed "unnecessary fear in the hearts” of the community.
“I wish I could go back and have made better decisions,” West said, choking back tears.
Federal judge Regina M. Rodriguez said that the reason she agreed with the recommendation for a sentence of probation only instead of jail time, was in large part because of what West did after the fact.
“More than simply accepting responsibility, you took action and you cooperated with the government and you testified,” Judge Rodriguez said.
Before the sentencing, the court also heard arguments about whether to apply an enhancement to the charge by classifying it as a hate crime.
A pre-sentencing report argued that the case should count as a hate crime, but West’s attorney argued that she did not select the victim in the case, or participate in the plans, and that because this was a hoax designed to help the victim, the candidate for mayor, instead of harm him, it made the situation unique.
Judge considers hate-crime charges
The judge initially said she felt that even though West didn’t plan and select the victim, when she chose to take part in the plans she did know that the victim and the plan had all been selected because of his race. That’s the main basis for applying the label of hate crime for the purposes of requiring heavier sentences.
And, Rodriguez cited a previous court case from 1998 that did apply the hate crime sentence enhancement to a person who also was not involved in selecting the victim of that crime.
The prosecutor from the U.S. Attorney's office however said that they did not believe that the hate crime label should apply to West, because she did not have any involvement prior to the incident. The prosecutor described West instead as someone who Bernard Jr. manipulated, and who distanced herself from him after the fact, including by her cooperation in the case.
The judge warned the prosecutors that if they sought to apply the hate crime label when it comes time to sentence Bernard Jr. and Blackcloud, that they better present enough evidence, beyond a reasonable doubt, to show a difference from the case with West.
