Derrick Bernard, 36, of Colorado Springs was sentenced on Apr. 1 to 46 months in federal prison after being found guilty by a federal jury for conspiring to threaten or convey false information about a threat related to a staged cross burning. The sentence also includes three years of supervised release and a $200 special assessment.
The case centers on an incident that took place on April 23, 2023, just over three weeks before the Colorado Springs mayoral runoff election. Bernard burned a cross in front of a Black political candidate’s campaign sign that had been defaced with a racial slur and then publicized the act as part of an effort to falsely blame the candidate's political opponent.
Evidence presented at trial showed that ten days prior to the incident, Bernard sent messages indicating he was planning an operation. He texted co-defendant Ashley Blackcloud stating, “I got a plan.” After staging the cross burning with Blackcloud and another individual during early morning hours, they emailed video and photographic evidence of the event to the candidate, media outlets, and various organizations while attributing responsibility for the crime to their target's opponent. They continued spreading this false narrative through social media platforms.
The conspiracy came to light when surveillance footage reviewed by the Colorado Springs Police Department revealed suspicious activity near the scene between 2:30 and 3:30 in the morning. Further investigation by CSPD and extensive efforts from the FBI identified Bernard and Blackcloud as two key participants; both were described as self-declared activists and social media personalities.
United States District Judge Regina M. Rodriguez presided over sentencing. The investigation was conducted by FBI Denver Field Office with substantial assistance from CSPD. Assistant United States Attorneys Bryan Fields and Candyce Cline prosecuted the case.
