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DENVER (CN) — A federal judge on Thursday sentenced a 38-year-old woman to three years of probation after she pleaded guilty to conspiracy for her part in feeding local media footage of a cross burning and a campaign sign defaced with a racial slur as part of an effort to generate support for a Black candidate running for the mayor of Colorado Springs in 2023.
“The fact that you are being sentenced to probation in this matter reflects your particular participation in this crime and your actions afterwords in cooperating with the government,” said U.S. District Judge Regina Rodriguez. “In no way does it undermine the severity of what you did here, and in no way does this court condone your actions.”
Two years ago, when Yemi Mobolade ran for mayor of Colorado Springs, a hallmark of the KKK went viral after someone photographed a burning cross beside his campaign sign, which had been defaced with a racial epithet in red spray paint. Spread across Facebook and reported on by local media, the photo sparked outrage and prompted an FBI investigation.
Instead of a racist hate crime, however, federal investigators found the whole thing was a hoax designed to drive voters to turn out and push Mobolade into the lead. The government charged three people with two crimes: conspiracy to defraud the U.S. and interstate intimidation using fire.
Deanna West, 38, pleaded guilty to a single charge of conspiracy in March in exchange for the government dropping the second charge. Co-defendants Derrick Bernard, 35, and Trinity Blackcloud, 40, went to trial in May.
Following a five-day trial, a Colorado jury found Bernard and Blackcloud guilty of both conspiracy and intimidation charges. Combined, the offenses carry a sentence of up to 15 years in prison.
Bernard’s sentencing has been delayed after his defense attorney raised questions about his competency to move forward with court proceedings. Blackcloud is scheduled to be sentenced in November.
Rodriguez spent most of West’s sentencing contemplating whether to calculate a hate crime enhancement into her sentence, which a pre-sentencing report recommended since the hoax was targeted at a man due to his race.
On behalf of the government, U.S. Attorney Bryan Fields argued against the enhancement, saying that the facts in West’s case did not support it.
Rodriguez said she intends to keep the government’s arguments in mind when it comes time to sentence Bernard and Blackcloud, but ultimately declined to apply the enhancement against West.
Urging the court to give West a probationary sentence, Fields argued that she had been used by Bernard and thanked her for her bravery in helping the government bring him to trial.
“Ms. West was really preyed upon,” Fields said. “It’s weird to be proud of someone who is in court on a felony conviction, but I hope her family is proud of her, because there are few people who do what she did here, which is own her mistakes and move on from them.”
On support of her client, public defender Mary Butterton described West as a free spirit and artist with a gift for nurturing plants.
Standing at the podium, West apologized for her involvement in the crime. She recalled how she started working for Bernard’s nonprofit radio station in hopes of bringing voice to her community, only to learn, she said “his agenda was all that mattered and I had to fall in line.”
“I am extremely sorry for what I’ve done and I am greatly offended at my own ignorance,” West said.
Mobolade ultimately won 2023 election to became the first Black mayor elected to serve Colorado Springs. He denied being involved in the publicity stunt. Although Mobolade and his wife testified during the Blackcloud and Bernard’s trial, neither attended West’s sentencing.
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