Daniel P. Borden, Alex Ramos, Jacob Goodwin, and Tyler Watkins Davis[1]
On August 12, 2017,DeAndre Harris, a black man, was assaulted by six white men in an attack in a parking garage next to the police headquarters during theUnite the Right rally inCharlottesville, Virginia, United States. Images and video of the assault captured by photojournalist Zach Roberts wentviral and became a symbol of the enmity underlying the protest.[2]
Four men were arrested on charges of malicious wounding in the assault of Harris. The last arrest took place on January 24, 2018. All four were convicted and sentenced to 2–8 years in jail.[3] Harris was found not guilty of assaulting Harold Crews, the chairman ofNorth Carolina'sLeague of the South.
Harris and several friends arrived atEmancipation Park (formerly known as Lee Park) in Charlottesville ascounter-protesters[20] at about 11:00 AM. Harris said that in the brief time he was at the rally, he was "hit with water bottles, pepper-sprayed and had derogatory slurs hurled" at him by protesters.[21] In less than an hour, law enforcement began to clear both protesters and counterprotesters from the park after McAuliffe had declared the rally an "unlawful assembly".[22] The white supremacists came into closer contact with the counterprotesters lining the streets as law enforcement pushed them out of the Park. There were about a thousandcounterprotesters.[4][5][23]
According tophotojournalist Zach D. Roberts, who witnessed the assault, the violence began when Charlottesville police pushed protesters into the streets where there were counterprotesters.[24] Harris and a few friends were leaving the Park on East Market Street along with other counterprotesters and protesters, when Harris and his friends "exchanged words" with the white supremacists. This altercation was captured by journalist Chuck Modi, who also witnessed the beating. Roberts said that the exchange "spilled into a parking lot close to the Charlottesville Police Department building."[24][25]
During the trial of assailant Jacob Scott Goodwin, arguments made by the defendant's attorney suggested that Harris had initiated the fight by "striking a prominent white nationalist in the head with a flashlight" in response to seeing "a fellow counterprotester being speared in the abdomen with a flagpole". According toThe Washington Post, Harris said he swung a flashlight to try to "knock the flagpole away".[26]
Harris was separated from his friends in the chaos of the crowd and was "cornered" by white supremacists[27][28][29] who attacked him with poles, metal pipes, and wood slabs.[23][30] Harris was pulled to safety by a woman known only as Karen and was seen by a "street medic with afirst aid kit". Soon after, Roberts informed police about the assault on Harris, all the while voicing concerns that Harris never received any medical attention for about 30 minutes. Harris credited Karen for keeping him alive in the first half hour after the beating.[24][31][32]
Shaun King launched an Internet campaign to identify the men involved in the beating, calling on members of the public to examine photos and videos on social media, such as YouTube, Facebook, and Twitter.[37] This helped identify at least one of the attackers.[38] On August 24, nearly two weeks after the beating, 18-year-old Daniel P. Borden, who was seen wearing a "Commie killer" helmet at the rally, fromMason, Ohio, was charged.[21][31][38][39][40] On August 28, 33-year-old Alex Michael Ramos ofMarietta, Georgia, a member of theFraternal Order of the Alt-Knights (FOAK) a military branch of theProud Boys,[31] was arrested on charges ofmalicious wounding.[21][41] 22-year-old Jacob Scott Goodwin fromWard, Arkansas, a member of neo-Nazi Billy Roper's Shield Wall Network (SWN) and the neo-fascistTraditionalist Workers Party (TWP), was arrested on October 11, 2017.[1][42] On January 17, 2018, police in Charlottesville, Virginia obtained an arrest warrant for 49-year-old Tyler Watkins Davis ofMiddleburg, Florida, a member ofLeague of the South.[43] On January 24, 2018, Davis was arrested by deputies from the Clay County Sheriff's Department.[43]
Harris was attacked on social media and received death threats on his phone.[20] His name was specifically mentioned in a United NationsConvention on the Elimination of All Forms of Racial Discrimination (CERD) August 18 report, in which experts recalled the "horrific events in Charlottesville of 11–12 August 2017 leading to the death of Ms.Heather Heyer, and the injuries inflicted on many other protesters, as well as the terrible beating of Mr. Deandre Harris by white supremacists."[44][45][46]
On May 1, 2018, white supremacist Jacob Scott Goodwin was convicted of the malicious wounding of Harris by a Charlottesville jury, which recommended a sentence of 10 years imprisonment and a $20,000 (~$24,534 in 2024) fine.[47]
On May 3, 2018, Alex Michael Ramos was convicted of malicious wounding by a jury in Charlottesville. They recommended a six-year sentence with no fine.[48]
On May 21, 2018, Daniel Patrick Borden pleaded guilty to malicious wounding. Sentencing was expected in October 2018,[48] but delayed until January 7, 2019, when he received asuspended sentence of 20 years, with three years and ten months of actual incarceration.[49]
On August 23, 2018, Goodwin received a sentence of eight years (with an additional two years suspended), while Ramos received a six years sentence (with an additional three years of probation).[50]
On February 8, 2019, Tyler Watkins Davis entered anAlford plea on the malicious wounding charge; he received a sentence of two years and one month.[51]
Members of the North Carolina'sLeague of the South, awhite supremacist organization, including 48-year-old Harold Ray Crews, the League's North Carolina chairman, and the League's public relations spokesman, Hunter Wallace, alleged that Harris had injured Crews during an altercation in front of the parking garage just before Harris's own beating.[52][53][54] The League of the South presented their evidence to both the Charlottesville Police and the commonwealth of Virginia attorney. When they did not issue a warrant, Wallace and Crews went to Merlyn Goeschl, a local magistrate.[33] On October 9, Goeschl signed a warrant for Harris' arrest on a felony charge ofunlawful wounding.[53][55] Goeschl later explained that he "found probable cause to believe Harris committed the offense based on the personal statements of Crews."[53][56] The warrant was issued on October 9 and Harris turned himself in three days later. He was immediately released without having to post a secured bail.[57]
Interpretations of video footage differ on whether Crews used aflagpole to attack "another counterprotester" or Harris himself:
According to an October 12Washington Post article by Ian Shaphira, "online footage shows Crews trying to spear another counterprotester with the pole of a Confederate flag, prompting Harris to fight back. Harris swung his flashlight at Crews, appearing to hit him."[33]
According to an October 12BBC article, "Video of the incident appears to show a scuffle between the two in which Mr Harris swings a torch at a man identified by US media as Mr Crews, who lunges at him with the pole of a Confederate flag."[34]
Hunton & Williams reported[58] "a counter-protester attempted to yank a flag away from a Unite the Right demonstrator who resisted and fought back. During that struggle, a second counter-demonstrator named DeAndre Harris rushed in and used a club — possibly aMaglite flashlight — to strike the alt-right demonstrator’s head or shoulder."
Harris' attorney S. Lee Merrit said, "It was a flimsy swing. It would not have justified the kind of charges brought in this case." He later providedNBC News with another video clip shot on August 12 later in the day, when DeAndre was already hospitalized. According to Merritt, the video showed a group of white men attacking Crews, with one of them striking Crews in the head with a blunt object.[59]
In an interview withThe Washington Post, Shaun King said, "I am disgusted that the justice system bent over backwards to issue a warrant for one of the primary victims of that day, when I and others had to fight like hell to get that same justice system to prosecute people who were vicious in their attacks against Harris and others. Now, we're seeing white supremacists celebrate on social media, bragging about Harris's arrest. They're hailing this as a victory."[1][60]
On January 10, 2018, Judge Robert Downer downgraded the charge to misdemeanor "assault andbattery", an offense that does not carry jail time.[61]
A 207-page independent review, commissioned by the City of Charlottesville and prepared byTimothy J. Heaphy, was released on December 1, 2017. The "unsparing" report assessed Charlottesville's "response to three separate white supremacist events in the city" in 2017. Most of the blame was placed on the Charlottesville Police Department but the actions of the "Charlottesville City Council, attorneys from the city and state, the University of Virginia and the Virginia State Police" were also criticized.[64] The report concluded that, "[a]lmost everything that could have been mishandled was."[64] "Virginia state troopers...had orders to protect Emancipation Park but not to go beyond the park into "the mess on Market Street."[64][65] Shortly after the publication of the report on the white supremacist rally that was "highly critical of the police department", Charlottesville Police Chief Alfred Thomas resigned.[66]
Merritt said, "In an atmosphere where it is now clear law enforcement was instructed to stand down and allow violent supremacists to attack civilians, it seems only appropriate the city of Charlottesville reduce the demonstratively unjust charges against Mr. Harris, and we encourage the city to go even further with a total dismissal."[67]
^Prevention of racial discrimination, including early warning and urgent action procedures(PDF) (Report). Early Warning and Urgent Action Procedures.Geneva: United Nations Committee on the Elimination of Racial Discrimination. p. 2. Archived fromthe original(PDF) on July 15, 2021. RetrievedOctober 18, 2017. The UN Committee experts condemned "the failure at the highest political level of the United States of America to unequivocally reject and condemn" racist violence.
^Early, John (February 8, 2018)."DeAndre Harris Faces New Restrictions After Bond Hearing".nbc29.com. Archived fromthe original on February 28, 2018. RetrievedFebruary 28, 2018.Harris appeared for a bond hearing in Charlottesville General District Court Thursday, January 25. He had been charged by law enforcement in Southampton on January 10 for speeding, transporting a loaded rifle, and possession of a concealed weapon. The judge handed down new restriction for violating terms of the bond: Harris will now be under OAR (Offender Aid & Restoration) supervision until his trial on March 16.
^"Charlottesville police chief resigns in wake of report on white supremacist rally".The Washington Post. December 18, 2017. RetrievedJanuary 1, 2017.Charlottesville Police Chief Alfred Thomas resigned abruptly Monday, just 17 days after the release of a report that was highly critical of the police department's handling of a white-supremacist rally in August that turned deadly in the Virginia city
