NORTH
CAROLINA MAN INDICTED IN CROSS-BURNING CASE
WASHINGTON
- Rena J. Comisac, Acting Assistant Attorney General for the Civil
Rights Division, Gretchen C. F. Shappert, U.S. Attorney for the
Western District of North Carolina, and Thomas Nathan Gray, Special
Agent in Charge of the Charlotte Field Office of the FBI announced
that yesterday, a federal grand jury sitting in Charlotte indicted
Curtis Gene Worley, 49, of Ellenboro, N.C., on a federal criminal
civil rights violation alleging that he burned a cross in front
of the residence of an African-American family who also resided
in Ellenboro.
The
indictment charges that, on or about Sept. 25, 2007, Worley used
a burning cross to intimidate and interfere with an African-American
family because of race and because the family was occupying a dwelling.
The indictment charges that Worley violated Title 42, U.S. Code
§ 3631(a), which provides criminal penalties for interference
with the rights of citizens under the Fair Housing Act. The case
will be tried in the U.S. District Court in Asheville.
If convicted, Worley faces a maximum term of imprisonment of 10
years, and a maximum fine of $250,000, or both. Under federal sentencing
guidelines, the court determines a defendant's actual sentence based
upon a formula that takes into account the severity and characteristics
of the offense and the defendant's criminal history, if any.
The
Department of Justice has compiled a significant record on criminal
civil rights prosecutions in recent years. For example, in the last
seven years, the Civil Rights Division brought 41 cross-burning
prosecutions and convicted 60 defendants for these heinous crimes.
In fiscal year 2007, the Division convicted 189 defendants, the
highest number of defendants ever in the history of the Division,
and surpassed last year's record-high number of 181 defendants.
With
respect to the individual charged, the law gives him a presumption
of innocence, and the government has the burden of proving the elements
of each offense beyond a reasonable doubt.
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