Charges filed in KKK fliers case in Burlington

The Chittenden County prosecutor on Thursday brought disorderly conduct charges against a Burlington man police say targeted two women of color with Ku Klux Klan recruitment fliers.

"He clearly knew this was an act of hate," State's Attorney T.J. Donovan said at a news conference, where he was flanked by police and city leaders.

A judge Thursday found probable cause to charge William D. Schenk, 21, with two counts of disorderly conduct, enhanced by a hate crime penalty based on prosecutors' belief that Schenk was motivated by the victims' race. If convicted, Schenk faces more than four years in prison.

Donovan said police arrested Schenk in Morrisville. Schenk is due Friday morning in Vermont Superior Court in Burlington to answer the charges.

On Oct. 29 and 30, two Burlington women reported receiving KKK recruiting posters at their homes. Police earlier this week identified a person of interest in the incident and referred the case to the state's attorney.

Donovan said Vermont has long protected the First Amendment rights of citizens, no matter how unpopular. But he noted the U.S. Supreme Court does not recognize hate speech as protected speech.

"The threat was implicit in the content of the message," Donovan said. "It does not pass the test for freedom of speech when it is a threat."

The three-term prosecutor said the long, violent history of the KKK would lead a reasonable person to conclude the fliers constituted a threat.

The Southern Poverty Law Center describes the KKK, first formed in the wake of the Civil War, as the most infamous hate group in U.S. history.

Jocelynn Harvey, one of the women who received a flier, said she was relieved police arrested the man they believe targeted her.

"It sends a message to areas outside of Burlington that it won't be tolerated," Harvey said of racist acts.

Police chief Brandon del Pozo thanked the public and federal law enforcement agents for help investigating the case.

"Insofar that a police department reflects its community's values and responds to them, in this case it worked out just right," del Pozo said. "Our officers ... are very proud to be part of an investigation that made it clear racism and hatred and intimidation are things that will not be tolerated."

Mayor Miro Weinberger said the charges would send a clear message to those who promote racism in Burlington.

"You don't get to threaten people of color in this community," Weinberger said. "If you do, you should expect a robust marshaling of resources and effort in response."

City Councilor Selene Colburn, P-East District, was at first critical of how police responded to the flier incident. Del Pozo later apologized for a dispatcher who failed initially to take the report of the fliers seriously. Colburn on Thursday thanked police for acknowledging the mistake and "acting immediately to ensure a thorough investigation."

Mary Brown-Guillory, head of the newly formed Champlain Area NAACP, thanked Burlington police for their support and encouraged city residents concerned about racism to join the organization.

Allen Gilbert, executive director of the Vermont ACLU, said his office vigorously defends the right of unpopular groups to practice free speech. But he declined to defend Schenk's actions, as described by police.

"When a person is singling out specific people with a specific message and delivers that message personally to their place of residence, that is seen by a reasonable person as a threat or intimidation," Gilbert said.

The investigation

The authorities said tips from a former girlfriend of Schenk and a copy center employee led police to their suspect.

Del Pozo said FBI agents also were instrumental in finding Schenk.

"They called us up and said, 'There's a person who kind of fits that description who is in our files as a white supremacist,'" Del Pozo said of his discussions with federal agents.

Donovan said in interviews with police, Schenk said he was a recruiter for the KKK. Donovan said police were unable to find evidence of that claim.

Del Pozo said police also are investigating the distribution of KKK business cards on Quarry Hill Road in South Burlington and attempting to tie that incident to Schenk.

Donovan said Schenk admitted his actions were intended to intimidate the women.

Donovan said Schenk has ties to Plattsburgh, N.Y., and formerly lived in Wilmington, N.C. Police said they have yet to determine how Schenk found the addresses of the woman they say he targeted.

Schenk was in custody Thursday and it was not immediately clear whether he had an attorney. The Chittenden County Public Defender's Office had no comment on the case.

Contact Zach Despart at 651-4826 or zdespart@burlingtonfreepress.com. Follow him on Twitter at www.twitter.com/ZachDespart.​