Judge denies motion to dismiss in Colorado Springs ‘hate crime hoax’ case

COLORADO SPRINGS, Colo. (KRDO) - It's been six months since three people were indicted after allegedly staging a hate crime to help a Black Colorado Springs candidate, Mayor Yemi Mobolade, win an election.

On Friday, a judge denied a motion to dismiss, signalling that the case will move forward and ultimately be heard by a jury.

In April 2023, just before the Colorado Springs mayoral election, video of a burning cross in front of then-candidate Yemi Mobolade's campaign sign was sent to media outlets. The sign had also been painted with the "n-word."

The event was thought to be a racially motivated attack on Mobolade, who was a Black candidate running against a white opponent.

According to court records, investigators believe Derrick Bernard Jr., Ashley Blackcloud, and Deanna West staged the cross burning to invigorate sympathetic voters and swing the election in Mobolade's favor.

Court records also show that Bernard communicated with Mobolade prior to the alleged hoax, though the now-mayor has vehemently denied any knowledge or involvement in the plans.

In February, Bernard and Blackcloud filed motions to dismiss on the grounds of First Amendment violations. Both of the defendants argued that there was never a "true threat," and their staging is protected political speech.

A judge has denied both motions, believing that a jury could find there was a "true threat."

Mayor Mobolade will testify in Bernard's case on May 19 and May 20.

Stay up to date with the latest local news, sports, and investigations by downloading the KRDO13 app. Click here to download it from the Apple App Store. Android users can download it from Google Play here.