Derrick Bernard, 36, of Colorado Springs was sentenced on Apr. 1 to 46 months in federal prison after being convicted by a federal jury for conspiring to threaten or convey false information about a threat related to a cross burning incident. Bernard will also serve three years of supervised release and pay a $200 special assessment.
The case centers on an event that took place on April 23, 2023, just over three weeks before the Colorado Springs mayoral runoff election. According to the United States Attorney’s Office for the District of Colorado, Bernard burned a cross in front of a Black political candidate’s campaign sign that had been defaced with a racial slur and publicized the act as part of an effort to intimidate.
Evidence presented at trial showed that ten days prior to the cross burning, Bernard sent a message to the threatened candidate stating he was “mobilizing my squad in defense. Black ops style big brother” and then texted co-defendant Ashley Blackcloud saying, “I got a plan.” After staging the incident, Bernard and Blackcloud sent an email with video and photographic evidence of the burning to media outlets and organizations, falsely blaming the candidate’s opponent for the crime. The pair also spread this false information through social media platforms.
The conspiracy was uncovered when surveillance footage reviewed by the Colorado Springs Police Department revealed individuals staging the scene during early morning hours. Further investigation by both CSPD and exhaustive efforts from the FBI identified Bernard and Blackcloud as two self-declared activists involved in orchestrating what authorities described as a hate crime hoax.
United States District Judge Regina M. Rodriguez presided over sentencing. The investigation was conducted by FBI Denver Field Office with significant assistance from CSPD. Assistant United States Attorneys Bryan Fields and Candyce Cline prosecuted the case.
