Colorado Springs Man Sentenced To 46 Months After Being Convicted On Charges Arising From Hate Crime Hoax

DENVER - The United States Attorney's Office for the District of Colorado announces that Derrick Bernard, 36, of Colorado Springs was sentenced to 46 months in federal prison, three years of supervised release, and a $200 special assessment after being found guilty by a federal jury for conspiring to threaten or convey false information about a threat when he burned a cross in front of a Black political candidate's campaign sign defaced with a racial slur and publicized the threatening activity. The cross burning took place on April 23, 2023, just over three weeks before the Colorado Springs mayoral runoff election was being held.

Evidence presented at trial demonstrated that ten days before the cross burning, Bernard sent a message to the threatened candidate in which he explained he was "mobilizing my squad in defense. Black ops style big brother" and then immediately texted co-defendant Ashley Blackcloud, "I got a plan." After the burning occurred, Bernard and Blackcloud then worked together to send an email to the candidate, media outlets, and other local, state, and national organizations. Attached to the email was a short video of the cross burning and a still photograph. The email falsely blamed the candidate's political opponent for the crime. The defendants then worked together to maliciously convey false information about the cross burning via social media platforms.

The conspiracy was uncovered when the Colorado Springs Police Department (CSPD) gathered surveillance footage around the scene of the cross burning. The CSPD's extensive review of the footage revealed three people prowling through the darkness between 2:30 and 3:30 in the morning to stage the crime. Additional investigative work by the CSPD and exhaustive efforts by the FBI ultimately identified Bernard and Blackcloud, self-declared activists and social media personalities, as two of the culprits.

United States District Judge Regina M. Rodriguez presided over the sentencing.

The investigation was conducted by the FBI Denver Field Office, with substantial assistance from the Colorado Springs Police Department.

The case was prosecuted by Assistant United States Attorneys Bryan Fields and Candyce Cline.

CASE NUMBER: 24-cr-00320-RMR