Judge ends case against former UVM student accused of racist threats

A Burlington judge has ruled that allegations against a now-former University of Vermont student accused of making racist threats in an overheard conversation were not serious enough to be a crime.

Judge David Fenster made his ruling Tuesday in the case, which has been secret since prosecutors first tried to bring charges in early October. At issue was a misdemeanor count of disorderly conduct against Wesley Richter, a continuing-education student.

Prosecutors alleged that Richter made violent threats against black students in a phone conversation that was overheard and reported to campus police. Richter's lawyer, Ben Luna, said the conversation Richter had with his mother in a library multimedia room contained no threats. Richter has maintained his innocence.

Fenster's ruling was sealed, but prosecution and defense lawyers confirmed the judge's decision. Court papers become public only after a judge rules there is probable cause, or enough evidence to support an allegation. In this case, Fenster ruled that he was unable to find probable cause.

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Luna said in a statement he and his client were pleased with the judge's ruling.

"This is a significant victory for free speech and the First Amendment," Luna said.

"From the very beginning, we maintained the University of Vermont, the University of Vermont Police Department, and the Chittenden County State's Attorney's Office overextended their constitutional power in this case," Luna added. "The court's ruling reinforces my opinion that this matter should never have been brought."

The University of Vermont said Tuesday that Richter is no longer enrolled. In a statement, spokesman Enrique Corredera said UVM learned of the judge's decision through the news reports but has not obtained a copy of the ruling.

Chittenden County State's Attorney Sarah George said she was not surprised by the ruling but disagreed with the decision. Prosecutors had argued in October that Richter's overheard comments were so inflammatory and specific enough in their targeting of black students on campus that he committed a crime.

"It is what it is," George said Tuesday. "The state put its best case forward. The judge looked at the law, but we see it differently. That's what the process is for."

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The exact nature of the comments Richter is alleged to have made remains unknown. Luna disclosed during an October hearing that three other people were in the room with Richter at the time of his conversation. One of those people reported the incident to the authorities. A second individual indicated hearing nothing of significance, and the third declined to speak with investigators.

UVM's police chief, Lianne Tuomey, sent an all-campus email Oct. 5, four days after the threat was reported, to disclose the authorities received a report regarding an overheard telephone conversation "in which a then-unidentified person allegedly used explicitly racist and threatening language directed toward African Americans and general diversity initiatives on campus."

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George said if her office receives additional information about the case and believes it could lead to a finding of probable cause, her office could refile the charge. George added that the judge's ruling could help pinpoint holes in the state's original evidence.

"This is one of the hardest issues that we deal with," George said. "The First Amendment is a fundamental right that we want to take very seriously and make sure everyone is getting the best of that. Sometimes, that's a gray line."

Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at @LizMurrayBFP.