At least three men who marched with blazing tiki torches at the 2017 white supremacist rally in Charlottesville are now facing criminal charges, according to indictments unsealed this week.
Burning objects with intent to intimidate is punishable in Virginia by one to five years in prison.
“You have to show that the conduct created a reasonable apprehension of death or bodily harm,” said Anne M. Coughlin, a U-Va. School of Law professor who for years has called on prosecutors to file charges against the torch carriers. “There is very strong evidence that these folks were here for the purpose of terrifying our Jewish friends and neighbors — people of color.
But the case took nearly six years to get to the grand jury. Hingeley’s predecessor, former Albemarle County commonwealth’s attorney Robert N. Tracci, declined to seek charges against the torch carriers.from 2019 that under the Virginia law on burning objects, “The question could arise — and would in criminal law — as to whether carrying a burning torch falls within the definitional scope of burning an object.” Tracci could not be reached for comment Tuesday.
“He was voted out of office,” Coughlin said. “The voters replaced him, and one of Jim Hingeley’s promises — if you look at his campaign material, he said that he thought these charges should be brought.”“This is our process regardless of how much time has passed or where the alleged offenders may be found,” he said, declining further comment.
Dykes and Smith were jailed, while Medina was released on bail, court records show. An attorney for Smith declined to comment. The others did not have attorneys listed in court records. Smith also was charged this year with illegal use of tear gas, and he has a hearing in Albemarle County Circuit Court scheduled for Friday.
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