CARSWELL RECEIVES SENTENCE OF IMPRISONMENT
IN CONNECTION WITH CROSS BURNING INCIDENT

Judge Rejects Defendant’s Claim That Action Was Not Racially Motivated

ASHEVILLE, NC - Grady Allan Carswell, 36, was sentenced to spend 20 months in federal prison after pleading guilty to federal charges in connection with his having erected and burned a wooden cross near the residence of neighbors in Morganton, Burke County, North Carolina, in June of 2004. The Honorable Lacy H. Thornburg, United States District Judge, ordered on Monday, May 22 that Carswell serve a 20-month term of federal imprisonment followed by a three-year term of supervised release, and pay a total of $2,196.57 in restitution to the victims.

Today’s announcement was made by the Assistant Attorney General of the Civil Rights Division of the U.S. Department of Justice, Wan J. Kim, United States Attorney Gretchen C. F. Shappert of the Western District of North Carolina, Robert Clifford, Assistant Special Agent in Charge for the FBI in Charlotte, North Carolina, and Zebedee T. Graham, Special Agent in Charge of ATF for North and South Carolina.

“Cross burning remains a vicious symbol of hatred and cannot be tolerated,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “All American families have the right to live where they choose, undisturbed by racist threats. This sentencing sends a clear message that the Justice Department will vigorously prosecute such criminal conduct.”

“The culmination of this case sends a strong message that the days of such activity in our communities are long, long gone. The United States does not lightly view such visible displays of hate, and in the Western District of North Carolina, we will pursue any such activity to the fullest extent of the law,” said United States Attorney Gretchen Shappert.

The defendant earlier pled guilty in January of 2005 to a one-count federal bill of indictment related to the incident, which occurred in Burke County on June 5, 2004.

According to official court documents the incident occurred in the evening hours in the Bristol Creek Community of Burke County. At the sentencing hearing on Monday, May 22, Judge Thornburg rejected the defendant’s argument that while he was indeed responsible for burning the cross, that he burned it because of a land dispute with another neighbor and that racial discrimination did not play a part in his unlawful activities.

United States Attorney Shappert commended the cooperative and immediate efforts of the local officers of the Burke County Sheriff’s Office. The Federal Bureau of Investigation and the Bureau of ATF are also commended by the U.S. Attorney for their efforts in the full development of the federal investigation.

“Civil rights is a top-ranked priority in the FBI today, and deservedly so. Violations against citizens, especially along racial or religious lines, will not be tolerated by the FBI,” said Robert Clifford, Assistant Special Agent in Charge for the FBI here. “I am proud to see this case come to a conclusion, and applaud every law enforcement and supporting agency for their efforts.”

The case was handled for the government by Kristy L. Parker, Trial Attorney, Civil Rights Division, U.S. Department of Justice, and Assistant U.S. Attorney Kenneth M. Smith of the Western District of North Carolina.

Grady Allan Carswell
Docket Number 1:04cr90
DOB: 2/26/70
3282 Sheely Road
Lenoir, NC

formerly of:
1830 Bristol Creek Avenue
Morganton, NC