A couple in Colorado faces legal consequences after burning a cross in front of a black mayoral candidate’s campaign sign, supposedly to drum up voter sympathy. On Friday, they were found guilty of disseminating misleading threats.
Prosecutors contended that Ashley Blackcloud, who is both Indigenous and Black, along with Derrick Bernard, a black individual, intentionally staged and shared this act to bolster their candidate’s campaign. However, both their actions and the potential threats they posed remain serious concerns.
This cross burning incident occurred in 2023 amid the mayoral race in Colorado Springs, the state’s second-largest city.
Images and videos of the burning were sent to local news outlets, which contributed to the campaign of Yemi Mobalade, now recognized as the city’s first black mayor.
Blackcloud’s lawyers acknowledged her involvement in the cross burning and sign defacement during the trial this week.
Although Bernard distanced himself from the act, he admitted in court that he shared the image knowing it was a hoax.
The core issue of the case revolved around whether the act constituted a genuine threat, despite cross burning being protected under the First Amendment.
While the prosecutors argued that Blackcloud and Bernard’s intentions were to aid Mobalade’s campaign, they emphasized that the behavior created a real threat to safety. They pointed out that Mobalade’s family even purchased a fire ladder and a first aid kit for their home, indicating their concern.
“Were Yemi and his family meant to just watch through the flames? Was it a joke? Some kind of theatre?” asked U.S. Attorney Advisor Brian Fields.
Defense attorney Britt Cobb argued that the cross burning was intended merely as a political stunt, aimed at highlighting racial issues in Colorado Springs. She claimed Blackcloud had no intention of instigating real violence.
Cobb insisted that Mobalade must have recognized it as a hoax early on. She pointed out that campaign team members expressed confidence through text messages that the incident was staged and noted that Mobalade did not report it to the police immediately.
If Mobalade believed it was a hoax, she argued, then it couldn’t have been a genuine threat.
Although Mobalade has firmly denied any involvement, Cobb suggested that he might have had prior knowledge of the plan, citing messages exchanged between him and Bernard before and after the cross burning incident.
The FBI investigation did not uncover any evidence implicating Mobalade in the act.
“We cannot legally convey a threat for malicious reasons,” added Bernard’s attorney, Tyrone Glover.
