It was recently reported that Augustus Invictus, who was arrested in June of this year for his participation in the 2017 Unite the Right torch march parade, has filed a compelling motion to dismiss the charges against him. The hearing is scheduled for next week. [See Charlottesville Defendant’s Attorney Files Game-Changing Motion To Dismiss Tiki-Torch Charges]
Of the nine men belatedly (and astonishingly) charged with the felony of burning an object with the intent to intimidate during the 2017 demonstration, only one other, William Henry Fears, has chosen to fight the matter in court (others reached plea agreements or are awaiting hearings). Fears’ trial is scheduled for December. Last week, Fears was joined in the Albermarle County Regional Jail by his brother Colton Gene Fears, who was extradited to face identical charges for the 2017 march. The Fears brothers both have serious criminal histories: most recently, William has been in prison for choking an ex-girlfriend. Colton was released from prison earlier this year after serving almost five years for his role as the car driver in a shooting that occurred after a Richard Spencer rally.
Nevertheless, the fact that the defendants have prior criminal histories does not change the fact that the prosecutions for the Virginia march are meritless and wholly politically motivated. Organizers informed the police of the planned march hours before it took place, and expressed a desire that police would keep the marchers safe from counterprotesters. The Commonwealth Attorney who was in place at the time did not believe there was cause to bring charges. It was only after the installment of a new, Soros-supported Commonwealth Attorney that a law that was intended to apply to cross-burnings was weaponized against Unite the Right participants. Clearly, these vindictive prosecutions—in response to the powerful yet perfectly legal assembly—are intended for one purpose only: to chill the First Amendment protected freedom of expression for Americans whom the far-Left Charlottesville regime finds politically distasteful.
Invictus and Fears are not the only Unite the Right participants fighting the egregious abuse of the First Amendment by Charlottesville authorities. Earlier this month, Warren Balogh of the National Justice Party filed an appeal with the Fourth Circuit of his lawsuit against various Charlottesville and Virginia authorities, which was dismissed in a memorandum opinion by Judge Norman Moon in April of this year.
According to attorney for the plaintiffs, Frederick C. Kelly, the egregious malfeasance of the authorities against people attempting to exercise their First Amendment rights is “screaming for judicial redress.” This is undoubtedly true, but can political dissidents obtain justice in our increasingly communized court system? We shall see.
