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Three Idaho Men Sentenced for Federal Hate Crime Assault
WASHINGTON—Michael Bullard, Richard Armstrong, and James
Whitewater were sentenced today in federal court in Boise, Idaho, for hate crime
and conspiracy charges in connection with the racially-motivated assault of an
African-American man outside of a Wal-Mart store in July 2008, the Justice
Department announced today.
U.S. District Judge Edward J. Lodge sentenced Bullard, of Middleton, Idaho,
to 51 months in prison, three years of supervised release, 80 hours of community
service, and a $200 special assessment. Armstrong, of Nampa, Idaho, was
sentenced to 46 months in prison, three years of supervised release, 80 hours of
community service, and a $200 special assessment. Whitewater, of Nampa, was
sentenced to 18 months in prison, three years of supervised release and a $100
special assessment. Bullard, 23, and Armstrong, 24, were convicted by a jury in
July 2009. Whitewater, 23, pleaded guilty before trial and testified against the
other two defendants.
“Driven
by bigotry and hate, the defendants brutally assaulted a man for no other reason
than his race. Abhorrent acts of violence such as this have no place in
America,” said Assistant Attorney General Thomas E. Perez of the Civil Rights
Division. “Aggressive prosecution of hate crimes is a top priority for the Civil
Rights Division, and today’s sentences should send a message to others who would
carry out similar acts of violence that they will be brought to
justice.”
Evidence at trial
revealed that on July 4, 2008, as the victim, a 24-year-old African-American
man, walked out of a Wal-Mart store in Nampa, he was ambushed, chased, and
beaten by three men who used racial slurs as they carried out the attack.
Witnesses testified that Bullard, Armstrong, and Whitewater all participated in
the assault, while a fourth person, a girlfriend of one of the defendants, held
their belongings and cheered them on. The girlfriend, Jennifer Hartpence, was
initially charged as a co-defendant, but her case was dismissed before it
reached the jury.
After four
hours of deliberation, the jury convicted the two remaining defendants of
conspiring to violate the federally protected rights of the victim and of
actually violating the victim’s protected rights by engaging in the racially
motivated assault.
U.S.
Attorney Tom Moss for the District of Idaho said, “These convictions mean that
racial crimes will not be tolerated… not in this Country … not on any day.
Idaho, like most other parts of this nation, has had inglorious moments in its
past when people endured oppression and criminal acts merely because of their
skin color, race, national origin, gender or religion. We are long past that
time. Thanks to the FBI and Nampa PD for their outstanding work in bringing this
case forward. The United States Attorney’s Office also thanks the Civil Rights
Division of DOJ for its help and
collaboration.”
“One cannot help but note the
irony that the terrible acts of which these two defendants were convicted
occurred on the 4th of July, last year,” said Timothy J. Fuhrman, Special Agent
in Charge of the FBI’s Salt Lake City Field Office. “The initial aggressive
investigation by Nampa Police Department in this matter led to their indictment
and conviction. In this day and age, law enforcement will not tolerate hate
crimes. The FBI is committed to investigating these incidents aggressively and
without hesitation. The prosecutors from the U.S Attorney’s Office and the Civil
Rights Division handled this difficult case with great skill and
dedication.”
This case was
investigated by the FBI and the Nampa Police Department. It was prosecuted by
Assistant U.S. Attorney Wendy Olson and Civil Rights Division Trial Attorney
Erin Aslan.
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