AN ACCRINGTON dog owner who let his pets foul outside the council’s main office building has been told to pay more than £500.

Nigel Hesmondhalgh was convicted after council staff spotted one of his three dogs — none of which were on a lead — defecating in the garden area outside Scaitcliffe House, in Ormerod Street.

The 41-year-old, who lives in Ormerod Street, also allowed one of the dogs to foul on a grass verge further up the street, Blackburn Magistrates’ Court heard. He did not pick the mess up on either occasion.

The incidents were caught on CCTV and Hesmondhalgh was issued with two fixed penalty notices, which he failed to pay.

Hyndburn Council said he also ignored enforcement officers when they tried to talk to him about the matter on several occasions. Hesmondhalgh failed to turn up in court and so was convicted in his absence. He was fined £200 plus £20 victim surcharge, and ordered to pay £281.96 in prosecution costs.

Cabinet member for environmental services, Coun Paul Cox, said: “There is no excuse for not picking up after your dog. We have plenty of dog bins around the borough.

“This case highlights that there is an irresponsible minority who fail to pick up faeces left by dogs in public places, which is not only unpleasant, but can also transmit disease to other dogs and humans.

This case sends a strong message to irresponsible dog owners.

“We take a tough line on this kind of offence and will take people to court if necessary.”

Residents are offered £50 rewards for information on dog owners who allow their pets to foul public spaces, as part of a council drive to tackle dog fouling, subject to conditions.

To report anyone you witness allow-ing their dog to foul in a public place or any other dog related offence, call the council on 01254 388111
Lancashire Telegraph.

From 2014

A MAN who made his Asian next door neighbours’ lives a misery with his anti-social and racist conduct was spared immediate jail.

Burnley Crown Court heard how Nigel Hesmondhalgh, 36, who had a British National Party sticker in the window of his Accrington home, was abusive and insulting to the couple, repeatedly picking on the wife. He piled dog dirt up in the alley outside their home and told them:”It’s a white country, not a Muslim state.”

Hesmondhalgh, said to be the carer for his brother, who has learning difficulties, told the husband of the couple he should be scared and shouted support for the BNP. The couple had lived in their home for 14 years before he moved in.

The defendant, who has since moved, but wants to go back to the property on Higher Antley Street, had earlier admitted racially aggravated intentional harassment, alarm or distress. Hesmondhalgh, who has almost 90 previous convictions, had struck whilst on bail for similar allegations which were left to lie on file.

He kept his freedom, but his hostile and anti-social conduct was slammed by a judge, who warned the courts would not tolerate it.

Judge Philip Butler said Hesmondhalgh did not get on well with people who dared to interfere with his behaviour. He said had the neighbour been a white Irish woman, the defendant would no doubt have found some offensive and derogatory adjective to aim at her.

The judge told Hesmondhalgh: “You were the immigrant in that street, not her. You would be well advised not to go back there.”

Judge Butler added:”If you thought more about your brother you would perhaps reign in your mouth for a start.”

The defendant, of Stanley Street, Accrington, was given 36 weeks in custody, suspended for two years, with 18 months supervision and the Thinking Skills programme.

Manchester Evening News

From 2009

Nigel Hesmondhalgh

Nigel Hesmondhalgh

A NEIGHBOUR from hell who launched a four-year ‘race hate’ campaign against a family has now been jailed for possessing child porn.

Nigel Hesmondhalgh, 37, is beginning a nine-month sentence after a series of degrading photos and videos of children were found on his home computer.

Detectives have welcomed the punishment, imposed by Judge Simon Newell at Burnley Crown Court, on Hesmondhalgh, of Stanley Street, Accrington.

The judge also ordered him to sign the sex offenders’ register for 10 years.

Hesmondhalgh was only released from a 30-week jail sentence in November when police swooped on his Hyndburn home.

His computer was seized within a fortnight and was found to contain no fewer than 29 indecent images of children, and 11 similar videos.

Four of the pictures, and three of the videos, were graded at level four, the second most serious category of child pornography.

After the case, Detective Inspector Claire Holbrook said: “I hope this case will serve as a warning to those who view such material that we will find them out, arrest them and do everything with- in our power to prosecute them.

“In downloading this material the viewers indirectly cause these horrific offences and images to continue to be produced.”

Hesmondhalgh was jailed at the Burnley court in March for an offence of racially-aggravated harassment.

Police obtained a two-year Anti-Social Behaviour Order against him, before his release, to prevent him from throwing dog dirt into his neighbours’ garden, or using racist language towards an Asian family.

Lancashire Telegraph

From 2011

Fuelled by grief, Mamba and extremism, how dad’s obsession with social workers turned to terrifying campaign to kill

Dean Killen, who said he would kill social workers in Grimsby, after the tragic death of his son

Dean Killen, who said he would kill social workers in Grimsby, after the tragic death of his son

A man who terrorised social workers had links to right wing extremists and convictions for stalking and carrying a concealed knife.

Dean Killen’s campaign of hate against Grimsby social workers was driven by the loss of his son who had died tragically while in foster care.

But his grief also masked a history of menacing behaviour, links to the far right and sinister social media posts in which he calmed he would “be killed” in a plot to overthrow the government.

Killen is now regarded as one of the most serious threats to the safety of social workers in Grimsby and North east Lincolnshire, despite starting a three year jail sentence for threatening to kill them.

North East Lincolnshire Council described Killen’s abuse and threats, as “deeply frightening for staff”.

Killen sent messages and left voicemails with individual social workers threatening to kill them. He also claimed they would be tracked down by a vigilante group named in court.

But Grimsby Live can also reveal that during his hate campaign he also contacted the far right group Britain First and its leader Paul Golding. Golding, a former British National Party member, is currently serving a jail sentence for race hate crimes.

After contacting Golding, Killen, who also followed a series of far right and extremist groups on social media, claimed in one social media post “U watch what happens if they team up with me”.

In another more disturbing post with echoes of violent extremists, Killen claimed he would “be killed” in an attempt to “replace the government” following his son’s death.

He wrote: “I hope you understand dum Britain. I will be killed but this country has destroyed me so I give your country back to you.”

One of Killen's social media posts

One of Killen’s social media posts

Killen’s hate was fuelled by the tragic death of his nine-year-old son Leon who passed away after suffering an epileptic seizure. All four of Killen’s children, aged nine to 17, had been in foster care and he had been banned from attending Leon’s funeral.

Social workers later sent a letter to Killen telling him where his son had been buried in Grimsby.

The tragic death and repercussions triggered a surge in Killen’s hate of social workers in Grimsby and also brought him into confrontations with police.

Killen was known to police in Lincolnshire where he had lived and worked around Horncastle, Boston and Lincoln.

In 2007 he had been found with a 3-inch lock-knife concealed in his jacket when police were called to a domestic incident and found him acting suspiciously in a van.

Weeks later he was banned from approaching a couple who had been his neighbours and anyone in his former estate in Horncastle.

But Killen paid no attention to the courts. A few months later, he was jailed for continuing his campaign of intimidation against the couple after it was revealed he had sent the woman a barrage of aggressive texts and confronted her in the street and outside a school.

He was arrested and jailed but later appealed against the nine month prison term. Throwing out his appeal in 2008, a judge said Killen had been guilty of “repeated, thoroughly unpleasant and intimidating behaviour” and his “flagrant disobedience” to court orders was “deliberate and repeated”.

Killen moved to Lincoln where he had worked as a handyman and skirmished with police as he increasingly turned to the so-called “zombie drug” Black Mamba.

When his son died in August last year, Killen again embarked on a targeted campaign against police and social workers, holding the authorities and individual social workers responsible for the death.

Two of the Facebook posts made by Killen before he said he would kill a social worker

Two of the Facebook posts made by Killen before he said he would kill a social worker

In November Killen received a 16 week suspended prison sentence after a violent confrontation with police.

In January he confronted police after they broke up a chaotic protest in which he had laid out a banner on the cenotaph in central Lincoln saying: “Jail for corrupt social workers, police and judges”.

A few days later he boasted of fighting in the street, posing for selfies on Facebook showing injuries to his eye and mouth, saying: “Two fights in two days. The old me is back. Av been on a lot of scuffs this past year n plenty ov em coppers. I’m not ashamed. They took my kids so I fight. I will not stop. This system has done it with me.”

A complaint about his treatment by Lincolnshire police was thrown out after he claimed they had used too much force when arresting him.

The findings reveal that one officer had to use “distracting punches” to subdue Killen and “prevent further injury to any person”.

Now obsessed with the thought of revenge against social workers or police, on January 19 he called 999 claiming his son had been murdered and that he wanted to kill someone.

He then spoke to a senior police officer on the phone telling her he was going to kill the social workers and branding one of them a “child killer”.

Convinced Killen was now so unstable, he posed a real threat to the safety of social workers and police, officers moved to arrest him. Under questioning, he told police that after the death of his son he “did not care about the lives of others”.

Killen was sentenced at Grimsby Crown Court but in the dock remained defiant. Handcuffed in the dock, Recorder Gurdial Singh commented on Killen: “It’s me he wants to thump”.

As evidence was led, Killen called from the dock “You know nothing, you know nothing.”

And as he was led to the cells, he looked across the court, saying: “When I get out, you’ll know. I shall show you what has happened when I get out.”

After the case, North East Lincolnshire Council said the case showed the challenges its social workers faced.

A spokesman for the council said: “As the evidence of this case has shown, there is and was no excuse whatsoever for the threats made to social workers, who carry out very important and sensitive work in protecting children and families in such situations.

“The actions of the defendant were deeply frightening for staff concerned and there is really no justification for him behaving like who did towards people who were carrying out their jobs in very difficult family circumstances.”
Grimsby Telegraph

Freddie Farnie, 25, and Karl Laslett, 24, were arrested for separate incidents

Two men have been convicted of being drunk and disorderly in Tunbridge Wells after England’s World Cup quarter-final win over Sweden.

Freddie Farnie, 25, and Karl Laslett, 24, were arrested for separate incidents in the town centre on July 7.

Both men were unrepresented when they appeared before Sevenoaks Magistrates’ Court on Tuesday (July 24).

Fruit farm worker Farnie, of Holmewood Road in High Brooms, pleaded guilty to being drunk and disorderly in a public place, as well as causing criminal damage to a property valued under £5,000.

Prosecution

Prosecuting, Debbie Jones, said: “On 7th July at 5pm, officers were deployed in Tunbridge Wells town centre to deal with any public order incidents, as there was World Cup football on.”

Officers were stationed outside the Opera House, when 10 people walked out.

Ms. Jones continued: “One was the defendant and he was standing in the road. He was asked to move and said ‘I can do what I f****** want, it’s a free country.'”

‘You can’t touch me’

Farnie reportedly also approached an officer and said: “You can’t touch me, that’s f****** assault,” before being pulled away by friends when police asked him to move.

Ms Jones continued: “He stood in the road shouting at another officer. The officer approached with the intention of arresting him but he ran off.”

A short while later, Farnie had made his way to The Barn on Mount Pleasant Road, where he was abusive to members of staff before being spotted hot-footing it back up the hill in the direction of the Trinity Theatre, the court heard.

The arrest

Ms Jones added: “Police made their way to York Road and detained the defendant and arrested him for being drunk and disorderly.”

While in his cell at Tonbridge police station in the early hours of July 8, the court heard how Farnie spat on the wall and at the CCTV camera, as well as tearing up the reading material and flushing it down the toilet.

Regarding his behaviour that evening, Farnie said: “It was a one off on that day because of the football. I used to have a few problems a few years ago but I’ve grown up a bit. It was just a bad day.”

Conditional discharge

Sentencing, magistrate Abigail Brennan said: “We are going to make a conditional discharge for 12 months. If you commit any offence, however, I will stress, any offence, then you will be brought back to court and not only with that offence but this will be put back again.

“You are required to pay £80 for a deep clean [of the cell], together with a victim surcharge of £20, plus £85 costs.”

Laslett

Also on that Saturday afternoon, Laslett, a labourer, who lives on Grange Road, was outside The Rose and Crown pub on Grosvenor Road.

Police attended the pub after they became aware of an altercation involving a group of males in the street.

Prosecuting, Debbie Jones said: “[Members of staff] went outside and informed police that [Laslett] had been refused service and been asked to leave.

“He said he was upset about being asked to leave, as he was banned from everywhere else in town.”

She added: “He went to the opera house [Wetherspoon’s] and caused further problems.

“At that point, the officers made the decision to arrest him.”

‘I wasn’t that drunk’

Laslett, who pleaded guilty to the charge of being drunk and disorderly, said: “To be fair I wasn’t that drunk because I was only in the cell for four hours.

“If I was that bad don’t you think I would have been in overnight?”

He added: “It was the World Cup on so there was around 1,000 people in town doing as I was and they chose me. That’s my luck isn’t it?”

Sentencing, Magistrate Brennan said: “We’re going to deal with this by way of a fine. The fine will be £160. You must pay costs of £85 and the victim surcharge will be £35.”

Kent Live

His killers have been jailed for life with minimum terms totalling 34 years

The family of murdered Andrew Groves made a loving tribute to him on the day his killers were jailed.

Russell Oakey and Michael Dommett both received life terms today (July 26). Oakey, 42 and of Hanham High Street, was convicted by a jury and Dommett, 38 and of Oakhanger Drive, entered a guilty plea part way through a trial.

Bristol Crown Court heard 47-year-old Mr Groves sustained a brutal beating in a house in Oakhanger Drive, Lawrence Weston, which was then set on fire.

 Michael Dommett (left) and Russell Oakey. Both have been jailed for life for murdering Bristol dad Andrew Groves. (Image: Avon and Somerset Constabulary)

Michael Dommett (left) and Russell Oakey. Both have been jailed for life for murdering Bristol dad Andrew Groves. (Image: Avon and Somerset Constabulary)

‘A devoted family man’

As the case concluded Mr Groves’ family said: “The sentence these two men will get will be never enough for us as a family. For we will never see our dear Andrew again.

“Andrew was a kind and loving son, a truly beautiful person, and was loved by so many people.

“He was a hard-working and devoted family man and his sudden death has been devastating to his wife, his son Lewis and daughter Molly.”

The family also thanked the emergency services who first attended the scene, and made desperate attempts to revive Mr Groves.

The statement adds: “We would also like to say thank you to Avon and Somerset Police’s Major Crime Investigation Team, who had over 70 people working on the investigation.

“Without them and their hard work and professionalism we would not be here today.

“We would also like to say a very special thank you to three amazing people who have given us their support, compassion and help during this very difficult time – DC Hilary Bolland, DC Carol Doxsey and Krissy of Victim Support.

“Once again thank you to you all.”

‘Daddy’s girl’

The court today heard statements from Mr Groves’ family.

Mr Groves’ daughter Molly was 17 when her dad was murdered. She said she was a “daddy’s girl”, her dad was very affectionate and would help his children with their homework.

She said: “Dad was always really proud of me and my brother.”

She remembered going to the cinema with her dad, with his large Coke and nachos, looking happy. When her dad died she felt scared and didn’t know what to do, she said.

She thought Mike Dommett had been her dad’s friend, and she couldn’t understand why anyone would want to hurt him.

She found life after the killing very difficult, she said, but wanted to attend court for the trial to hear what happened and listened to awful things. She described her dad as a family man who was always smiling.

Andrew’s father Barry said Andrew was born at Southmead Hospital and when he saw him for the first time he was the most beautiful baby he had ever seen. He last saw him four days before he was murdered and he was his “usual, cheerful self”.

When Mr Groves was told of a murder inquiry regarding his son he thought: “Why would anyone kill my son? He’s never had an enemy in my life.”

He said he had to identify him at a mortuary and even though he had sustained horrendous injuries he was still his beautiful son.

He said: “That day my life, and that of Andrew’s family and friends, changed for ever.”

Mr Groves said the sadness would live with his family for ever.

The deceased would always do anything for his children, he said, and they missed their loving, generous and hard-working dad.

He said: “I’m devastated I will never see my beautiful son again. I hope those found guilty of his murder get the maximum the court can give.”

Mr Groves son wanted him as best man

Andrew Groves’ son Lewis was 25 when he learned of the death of his dad.

Today the court heard how he went to his dad’s home and found police at the scene. He said his dad was his best friend and they had a very special relationship. He said his dad would have been his best man at his wedding but he never got the chance to ask him. Since the murder he has felt so much negativity, he said.

He said he found it hard to look at motorbikes, knowing how much his dad liked them. He said the intention to set light to his dad was hard to hear

‘We are the ones serving a life sentence’

Louise Groves, Andrew’s former wife, said Andrew was kind, happy and had the biggest heart. She said his life was his family and loved nothing more than family trips and celebrations. He wanted nothing more than his children to be happy, she said.

She said: “No-one deserves the pure evil inflicted on him. No punishment will ever be enough. We are the ones serving a life sentence.”

Police statement – pair ‘concocted a series of lies’

Senior Investigating Officer DI Lorna Dallimore said: “These convictions are the result of a detailed and painstaking investigation by officers and police staff.

“Andrew Groves was subjected to a truly horrific ordeal inside the house in Oakhanger Drive, with a fire deliberately started in an attempt to conceal evidence.

“We were able to prove Michael Dommett, who had taken on the tenancy of this property from his late father, and Russell Oakey were solely responsible for Andrew’s death.

“They concocted a series of lies to distance themselves from the scene of the crime and claimed they’d left Andrew at the property asleep.

“Through a combination of forensic and DNA evidence, analysis of telephone data and ANPR cameras, we were able to expose these lies and prove they were responsible for Andrew’s murder.

“I’d like to thank Andrew’s family for their support of our investigation and I hope these convictions will help them move forward with their lives.”

Bristol Post


A Missouri man who pleaded guilty to making threatening phone calls to a Georgia mosque has been sentenced to two years in prison.

In a statement Tuesday, federal prosecutors said 50-year-old Preston Q. Howard, of Wright City, made numerous calls last year to the Islamic Society of Augusta in which he threatened to kill members of the mosque and “blow up” the mosque.

Howard acknowledged committing the acts and obstructing or attempting to obstruct the mosque members’ free exercise of their religious beliefs, the news release said.

“Threats made against houses of worship are abhorrent and this Office will work tirelessly to ensure that members of all faiths may worship in peace and without intimidation,” said U.S. Attorney Bobby L. Christine.

Prosecutors said Howard’s sentence was enhanced because Howard chose his victims based on their religion and “thereby committing a hate crime.”

When imposing the sentence, U.S. District Chief Judge J. Randal Hall noted Howard’s “disturbing pattern of intolerance of many groups of people.”

The Augusta Chronicle reports Hall told Howard that his actions were “terribly offensive.”

“Whatever faith you chose — that goes to the heart of who we are as a nation,” Hall said during Tuesday’s sentencing hearing.

Howard told the judge and members of the mosque who attended the hearing that he was embarrassed and ashamed.

“For each one of you, I apologize,” Howard said.

During the seven and a half months he has been held without bond, Howard began to study Islam, he said, adding he understands that terrorists do not represent all Muslims.

Hall pressed Howard, however. What he saw in the pre-sentencing report, he said, was a man of intolerance. “When you’re released from prison, who’s next?” Hall asked.

Howard responded, “I am definitely not the same person.”

Defense attorney Hank Crane had asked Hall to take into account the change in Howard’s attitude. Howard had no criminal history and stopped calling the mosque once confronted by FBI agents in August 2017, Crane said.

Assistant U.S. Attorney Nancy Greenwood asked Hall to consider not only the vile messages left over a three-month period, but also other indications of Howard’s intolerance — such as Confederate battle flag stickers covering his mailbox and the sticker of the president with a Hitler-style mustache overlaying a swastika, and similar messages and symbols on his three Facebook pages.

Hall granted the federal prosecutor’s request to go above the federal sentencing guideline range of 15 to 21 months. He also ordered Howard to immediately reimburse the mosque members for nearly $30,000 spent to increase security.

Speaking on the mosque’s behalf, Dr. Hossam Fadel told the judge that the members refused to let fear take them away from their faith.

Founded in 1976, the mosque has grown into a community that provides food, clothing and medical care to those in need, opened a full-time school and opened its doors to everyone in the community.

“We are part and parcel of the … community,” Fadel said.

Charlotte Observer

Sean Gorman, 18, admitted stabbing Shabaz Ali, 25, who suffered life-threatening injuries in the attack after being subjected to racist abuse.

Shabaz Ali, pictured in hospital after the brutal knife attack (Image: PA/Daily Record)

Shabaz Ali, pictured in hospital after the brutal knife attack (Image: PA/Daily Record)

A teenager has admitted the racially-aggravated attempted murder of a Syrian refugee in Edinburgh .

Shabaz Ali was stabbed in an argument with Sean Gorman at a hostel in Upper Gilmore Place in the early hours of Thursday May 3.

Ali, 25, had fled to Scotland five years ago with his family and was working as a barber and staying in the hostel as he looked for a new home.

Police Scotland said Gorman, 18, had been visiting the hostel and that Ali called at his room due to loud noise.

Gorman made threats and racially abused the victim before stabbing him and leaving the property.

He was traced a short time later in Duff Street and arrested, with a lock knife recovered.

The 18-year-old pled guilty to racially-aggravated attempted murder as well as causing racially aggravated alarm to another woman within the hostel at the High Court in Edinburgh on Thursday, Police Scotland said.

The charity Positive Action in Housing have supported the Ali family and released pictures of Shabaz in critical care at Edinburgh Royal Infirmary after the attack.

His father Sivan told the charity he could hear his sons’ attacker shout: “Why are you still here, why are you not back in your own country?”

Campaigners set up an online appeal for donations “to help Shahbaz recover and rebuild his life” with more than £12,000 raised.

Gorman will be sentenced in August.

Detective Chief Inspector Paul Grainger said: “Gorman’s violence was extreme and left the victim with significant, life-threatening injuries. He showed utter disregard for the victim and another woman who was with him – made all the worse given the appalling racist language used.

“Whilst this attack happened within a private property, it gained a great deal of public and media interest and I’m pleased that Gorman has been brought to justice so quickly.

“Edinburgh is a vibrant place where people of different nationalities, faiths and backgrounds live together and the support shown by the local community for the victim and his family is far more indicative of the city’s inclusivity than this one isolated incident.

“We work closely with all the different groups and communities across Edinburgh and hate crime and violence of this nature are roundly condemned. I hope that today’s conviction helps the victim and his family to move past this terrible attack and I wish them well.”

Ali’s solicitor Aamer Anwar said a number of attacks on Syrian refugee communities are going unreported because people “are too frightened to complain”.

Anwar said: “The family are Syrian refugees from Kobane, Northern Syria, who fled death to live in Scotland five years ago.

“Shabaz lost nine members of his family after an attack on their city by Islamic State. This racist thug who plead guilty today had no regard for the life of Shabaz Ali, who had done nothing wrong, he was a hardworking and quiet young man trying to rebuild his life after Syria.

“Many refugee families today are suffering racist abuse in Scotland and it’s up to decent people to stand up for their rights and ensure that the culprits are dealt with and that the local authorities act sensitively to support and if necessary rehouse victims.

“What the authorities cannot do is hide and pretend this is not happening.

“Since the attack the family are deeply grateful to Positive Action in Housing for their tremendous advocacy and support, as well as their MP Joanna Cherry, the leader of the Council and the people of Edinburgh who also rallied to their support.”

Daily Record

A New Hampshire man charged in connection to a white nationalist march at the University of Virginia last year is entering a plea deal with the commonwealth.

Albemarle Circuit Court was expected Friday, July 20 to only take up a motion to revoke or modify bond for Christopher Charles Cantwell. However, the Radical Agenda radio host decided to entered a plea agreement to two counts of assault and battery.

Cantwell was facing two felony counts of illegal use of tear gas, which stemmed from clashes between white nationalists and those protesting them around the UVA Rotunda on August 11, 2017. Jason Eric Kessler had listed Cantwell as one of the speakers at his Unite the Right rally, which was to take place the next day at then-Emancipation Park.

The commonwealth said Friday that it had found photographic evidence of Cantwell deploying pepper spray directly into a counter protester’s face. A second counter protester was indirectly hit by that pepper spray.

The judge also found Cantwell in violation of his bond agreement, which specified he was not allowed to talk about or reference the victims on social media or on the radio. The victims – Emily Gorcenski and Kristopher Goad – filed a federal lawsuit against Cantwell back in February, after he filed a similar lawsuit in January.

“What he [Cantwell] did was criminal. That was an important part of this case. Having it solved the way it was is consistent with the wishes of the victims in this case,” said Albemarle County Commonwealth’s Attorney Robert Tracci.

Cantwell had been scheduled for a five-day jury trial, which was to begin on August 13th. Per Friday’s plea agreement, he is also now barred from Virginia for the next 5 years, is not is allowed to possess a gun while in the commonwealth, is not to have contact with the victims, and was fined $250.

A hearing over the two federal lawsuits between Cantwell, Gorcenski & Goad has yet to be set.
07/20/2018 Release from the Office of Albemarle County Commonwealth’s Attorney:

Earlier today, Christopher Cantwell entered a plea of guilty to two counts of assault and battery stemming from his dispersal of pepper spray near the UVA Rotunda on August 11, 2017.

According to the terms of the plea agreement entered in Albemarle Circuit Court, Mr. Cantwell is required to:

Leave the commonwealth within eight hours;
Not return to the commonwealth for five years;
Not possess a firearm in the commonwealth;
Have no indict or indirect contact with the victims in this case.

Mr. Cantwell was sentenced to two terms of twelve (12) months, with all but 7 months suspended, to run concurrently.

The defendant received 107 days credit for jail time he has served relating to this case.

The defendant also pleaded guilty to violating the modified terms of his bond by making direct and indirect reference to the victims in this case on social media and in a radio broadcast. The court imposed a $250 fine for this violation.

The commonwealth agreed to amend charges to those to which the Mr. Cantwell entered a plea of guilty, and to bring no additional charges arising directly from the defendant’s deployment of pepper spray, tear gas, phosgene, or other gas, on August 11, 2017 if he does not violate the terms of the agreement entered by the Albemarle Circuit Court.

Albemarle Commonwealth’s Attorney Robert Tracci stated:

“This agreement reflects the defendant’s acceptance of criminal responsibility for his dispersal of pepper spray on August 11, 2017. The defendant must leave the commonwealth before the end of today, is prohibited from re-entering the commonwealth for five years, and is prohibited from direct or indirect contact with victims in this case during the period of good behavior. This outcome brings a measure of finality to the defendant’s dispersal of pepper spray nearly a year ago. This agreement was supported by the victims in this case, who have been consulted at each stage of the criminal process. Finally, this agreement does not foreclose additional potential criminal prosecution of conduct arising from the events of August 11th of last year.”

NBC

Members of a South Texas mosque that was set ablaze last year went up to shake hands and hug prosecutors in a federal courtroom Monday.

Just moments before,12 jurors had announced they’d found the man accused of setting the fire guilty.

“Yes,” each said when asked one by one if that was their true verdict.

The trial of Marq Vincent Perez, who was indicted last year of a hate crime related to the Jan. 28, 2017 fire at the Victoria Islamic Center, began last week at the federal courthouse.

It took the jury about three hours of deliberations before finding him guilty of three felony counts including damage to a religious property, use of fire to commit a federal felony and possession of a destructive device related to an earlier incident.

 Construction on the new mosque is about 80-85 percent complete. Eleanor Dearman/Caller-Times


Construction on the new mosque is about 80-85 percent complete.
Eleanor Dearman/Caller-Times

“No group anywhere in the United States of America should be subjected to such hate crimes,” said Omar Rachid, who handles community and public relations for the mosque.

“I think what the jury has done today, this afternoon, is send a message loud and clear that such behavior and such crimes will not be tolerated,” he continued.

U.S. District Judge John D. Rainey will decide Perez’s sentence at an Oct. 2 hearing. The date could coincide with the opening of the newly built mosque.

“God works in mysterious ways, and maybe one of those ways he has in store for us is that the sentencing could very well take place at about the time we take possession of our new mosque,” Rachid said.

Perez, wearing a grey shirt and dark rimmed glasses, sat beside his attorney Mark Di Carlo Monday as federal prosecutors presented their closing arguments to a jury. His trial was expected to last around two weeks, but the presentation of evidence concluded Friday.

A video clip of the burning mosque played on a large screen in the courtroom as prosecutor Saeed Ahmed Mody began presenting his case.

“His intention was for damage and destruction, and that’s exactly what he did,” Mody said.

 Marq Vincent Perez, 26, is escorted from the Martin Luther King Jr. Federal Building after a pretrial hearing. Perez, of Victoria, is accused of intentionally setting a fire that destroyed a mosque at the Islamic Center of Victoria in January 2017. Contributed// Qiling Wang, Victoria Advocate


Marq Vincent Perez, 26, is escorted from the Martin Luther King Jr. Federal Building after a pretrial hearing. Perez, of Victoria, is accused of intentionally setting a fire that destroyed a mosque at the Islamic Center of Victoria in January 2017.
Contributed// Qiling Wang, Victoria Advocate

He argued it was Perez’s goal to “terrorize” the Muslim community. He described the Victoria Islamic Center as a place where the community would gather for joyous occasions — weddings and weekly potlucks — as well as sad occasions.

On the trial’s first day, the jury heard from a federal prosecutor who painted Perez as having an “absolute hatred” of Muslims. Sharad Sushil Khandelwal, a prosecutor from the U.S. Attorney’s Office, said Perez became involved with a militia group on Facebook and began forming what he called “rogue units.”

On Jan. 15 Perez went on a “training mission” to throw an “improvised bomb” into a car, he said. After burglarizing the mosque with a juvenile identified as K.R. on Jan. 22, the two returned on Jan. 28 but this time, Perez set the mosque on fire, Khandelwal argued last week.

 Authorities have determined arson is responsible for the fire that destroyed the Victoria Islamic Center mosque on Jan. 28, 2017. Contributed photo/ATF


Authorities have determined arson is responsible for the fire that destroyed the Victoria Islamic Center mosque on Jan. 28, 2017.
Contributed photo/ATF

But during his closing arguments, Di Carlo maintained his client’s innocence. He told jurors that the juveline’s testimony is hearsay and promoted the idea that he was not a credible witness.

He also categorized the Jan. 15 incident as separate from the Jan. 28 burglary and fire. Khandelwal said due to their belief the June 15 incident was done as a “training mission,” the two crimes were connected. He also said Perez’s DNA was found on the “improvised bomb.”

The jury was shown Facebook messages that prosecutors say show Perez’s hate of Muslims.

“He can’t keep his mouth shut and he can’t keep his fingers off the laptop either,” Khandelwal said.

The jury also listened to testimony that showed Perez’s phone contained photos of the burning mosque and that items that were stolen from the mosque were found at Perez’s residence, according to prosecutors.

Di Carlo said the government “cherry picked and oh so carefully presented” their evidence against Perez.

“We only have what the government allowed us to see,” Di Carlo said.

He also suggested that Perez was “profiled” because he’s conservative, had a brief stint in the military and was allegedly a part of the militia group.

Di Carlo flipped through a copy of the Quran that had been admitted into evidence.

“And do not cover the truth with falsehood,” he read, asking the jury to find Perez not guilty.

He told reporters after the trial’s conclusion that the entirety of Perez’s social media postings and interview with investigators weren’t allowed to be entered into evidence at trial and that “only things that were adverse to his interests came in.”

Di Carlo said he was surprised by the jury’s decision.

“As is stated throughout the trial, we do not believe that the fact that the defendant disliked Muslims is proved beyond a reasonable doubt,” Di Carlo said. “Again, as stated during the trial, there was issues regarding his concern about Middle-Eastern people, about terrorists, about illegal immigrants and the mention of religion was very, very minimal.”

“I hope that point was made to the jurors,” he continued. “Perhaps it wasn’t made well enough.”

Di Carlo said Perez took the verdict “very somberly.”

U.S. Attorney Ryan Patrick lauded the conviction as a commitment to protect religious liberty.

“The Department of Justice is committed to protecting the religious liberty of all people and their ability to practice their faith without being the target of this kind of dangerous activity.”

Acting Assistant Attorney General John Gore of the Department of Justice’s Civil Rights Division said the department ” is committed to holding hate crimes perpetrators accountable under the law.”

“All people are entitled to live free from violence and fear, regardless of their religion or place of worship,” Gore said. “Perez’s actions were criminal, unlawful and dangerous.”

Perez faces up to 20 years in federal prison for the hate crime count and up to 10 years for possessing an unregistered destructive device, according to the U.S. Attorney’s Office. For use of a fire to commit a felony, the penalty is consecutive and he faces a mandatory minimum of 10 years in prison. Each count carries a possible $250,000 fine.

And as Perez awaits a decision on how long he’ll be behind bars, members of the mosque are looking forward to opening the doors of their new mosque.

Construction is about 80-85 percent done. They are hoping to have it opened in September or early October, Rachid said.

One of the Victoria Islamic Center board members said despite the fire, they want the mosque to be a place that his open to the community.

“The last thing we want to do is for evil to win by making us … be separated from our community,” Abe Ajrami said.

He extended thoughts and prayers to Perez, adding that maybe Perez can use his time in jail to learn about Islam. He also extended prayers to Perez’s family.

“There is no hard feeling here, and I can tell you in the name of the Muslim community, Mr. and Mrs. Perez are invited to the open house.”

At the end of the day, what’s more important than the verdict is how the community came together following the fire, Ajrami said.

“That’s what gives me hope,” he said. “Whether Mr. Perez is out or in, that’s one person comparing to thousands in Victoria who made a clear statement that they are against the burning of any place of worship.”

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