In the lead-up to the 2023 mayoral election in Colorado Springs, a racially charged incident occurred involving Yemi Mobolade, the city's first Black mayoral candidate. Prosecutors have alleged that a racial slur was scrawled across Mobolade's campaign sign, accompanied by a cross that was set ablaze in front of it. The act has been characterized as a staged event intended to generate sympathy and support for Mobolade.
Two individuals, identified as Ashley Blackcloud and Derrick Bernard, are facing trial on charges of making a threat against Mobolade. Blackcloud has claimed that Mobolade was aware of their plans to burn the cross, suggesting it was a collaborative effort to bolster his campaign. She described the incident as “political theater” and asserted that it was not meant to cause any real harm. Blackcloud, who identifies as both indigenous and Black, refrained from making further comments due to a court order prohibiting discussions about the case before the trial.
Mobolade, however, has forcefully denied any involvement, emphasizing that he had no knowledge of the actions taken by Blackcloud and Bernard. A spokesperson for Mobolade stated that he did not wish to comment further on the matter. Bernard, meanwhile, is currently serving a life sentence for ordering the killing of a rapper in Colorado Springs. His wife, Blackcloud, and he both face accusations not only in connection with the cross burning but also for disseminating information about it to media outlets, complete with images of the scene.
Both defendants have pleaded not guilty and are charged with using interstate commerce, specifically the internet and email, to make threats and convey false information related to the alleged intimidation of Mobolade. They are also accused of conspiring to execute this plan. Jury instructions in the case mandate that prosecutors must prove beyond a reasonable doubt that Bernard and Blackcloud intended to instill fear of violence in Mobolade for a conviction to occur.
In a recent ruling, U.S. District Judge Regina M. Rodriguez stated that the defendants' alleged actions do not straightforwardly fall under the protections of the First Amendment, which could have led to the dismissal of the case. Judge Rodriguez noted that it would be up to the jury to decide if the cross burning constituted a legitimate threat or was merely a form of political expression.
A third individual involved in the incident, Deanna West, pleaded guilty in March to conspiracy charges related to participating in the cross burning and subsequently spreading false information about it. As part of her plea agreement, she will testify on behalf of the government. The conspiracy was reportedly aimed at disrupting Mobolade's opponent's campaign, fostering an impression that Mobolade was facing racial oppression in his pursuit of office.
Communications between Bernard and Mobolade prior to the cross burning indicate a possible link between the two. For instance, shortly before the incident, Bernard messaged Mobolade about “mobilizing my squadron in defense.” After Mobolade's eventual victory in the mayoral runoff on May 6, 2023, the two reportedly spoke on the phone for several minutes. In a subsequent video posted on social media, Mobolade expressed his commitment to cooperating with law enforcement and reiterated that he had no part in the crime, emphasizing his transparency throughout the investigation.
The U.S. Attorney's Office for Colorado, which is prosecuting the case, has not disclosed whether it has questioned Mobolade about his involvement in the cross burning incident.