Coeur d’Alene District Attorney: No charges in racist incident involving University of Utah basketball team

COEUR d’ALENE – No criminal charges will be filed against an 18-year-old Post Falls student in connection with a racist incident that drew national attention in March, the city’s chief deputy prosecutor said Monday.

“In short, I cannot find probable cause to suggest that Anthony Myers’ conduct – he shouted at a group of people from a moving vehicle – constituted either a disturbance of the peace under state law or disorderly conduct under the CDA Municipal Code. Instead, it was clarified that: “The beginning of this incident is that it was not the time, place or manner in which Mr. Myers made the grotesque racist statement that caused the justifiable outrage in this case, but rather the grotesque racist statement itself.” wrote Ryan S. Hunter in a comment -Page Complaint Review, May 3 Fee Decision.

Read the full review at cdapress.com.

The March 21 racist incident occurred in downtown Coeur d’Alene involving the University of Utah women’s basketball team.

According to the charging decision, the team and others from the Coeur d’Alene Resort walked several blocks to Crafted at Fifth Street and Sherman Avenue to make dinner reservations for 90 people at 5:30 p.m.

“The U of U contingent arrived at Crafted shortly after 5:35 p.m. with no apparent evidence in surveillance video recordings or confirmed by third-party witnesses that anything was wrong with the group or any of its members,” Hunter wrote.

Around 7 p.m., the troop left Crafted and walked west on Sherman Avenue back to the resort in several small groups. Around 7:15 a.m., surveillance video captured a silver passenger car traveling west on Sherman Avenue with someone shouting a racist and obscene comment.

The incident was reported to police around 10 p.m. by Robert Moyer, a traveling donor to the University of Utah basketball team.

It happened shortly after the tour group arrived in the area to take part in the first and second rounds of the NCAA women’s basketball tournament, hosted by Gonzaga University in Spokane.

A few days later, city officials held a press conference and apologized. The event received national media coverage.

According to a March 26 statement from the University of Utah, “the players, band and spirit teams, as well as staff, administrators and supporters” remain deeply disturbed and shocked by the hateful and disturbing actions and vitriol directed at them in Coeur d ‘Alene.

Paul Kirk, senior strategic communications officer for University of Utah Athletics, could not be reached for comment Monday.

Police later said they had reviewed audio and video recordings that confirmed reports of the incident and that they were searching for the driver of a silver sedan in connection with the incident.

Police also sent an investigator to the University of Utah, where 11 people were interviewed.

According to Hunter’s report, “The Coeur d’Alene Police Department’s subsequent extensive investigation established the identities of the four occupants of the silver passenger vehicle and ultimately confirmed that one of the individuals in that vehicle, Anthony Richard Myers, was 18 years old.” – Old Post Falls High School student made the offensive statement containing the racial slur, which he later confessed to during interviews with law enforcement.”

Hunter wrote that the investigation also revealed that Myers “yelled the N-word as the vehicle passed in front of Crafted, shortly before he said it again as part of the obscene statement to members of the U of U contingent.”

Hunter also wrote that Myers later tried to retract part of his confession, saying another person in the car made the obscene and racist statement.

“However, there is very little evidence to support this subsequent claim, while there is substantial evidence to support his original admission,” Hunter wrote.

While the team initially reported that two lifted pickups were revving their engines and traveling too fast, the loading decision document stated that this was incorrect.

Hunter wrote: “There is no audio or video evidence to support the original report that multiple vehicles revved their engines and sped past at high speeds in an attempt to intimidate the U of U troop on their way to or from dinner at Crafted and/ or to harass.” . However, although not captured in an audio recording, five credible eyewitness statements confirmed that someone shouted the N-word at a particular member of the U of U contingent during his walk to Crafted.”

But Hunter wrote that those reports varied widely in describing the vehicle and people involved in the riot of a racial slur, “with the only consistency regarding the identity of the perpetrator being that he was a white male.” acted.”

In his decision, Hunter cited numerous municipal laws and the 2004 Idaho Supreme Court case State v. Poe to explain why charges of malicious harassment, disturbing the peace and disorderly conduct could not be successfully filed in the case.

“Our office shares the outrage sparked by Anthony Myers’ vile racist and misogynistic statement, and we join in unequivocally condemning that statement and the use of a racial slur in this case or in any other circumstances. “However, under applicable law, this cannot form the basis for prosecution in this case,” Hunter wrote.

In his summary of the charging decision, Hunter wrote, “Prosecution was declined because there was insufficient evidence to establish probable cause for each element of any of the potential offenses without relying on expression protected by the First Amendment.”

City officials responded to the decision when asked by the press

“I am disappointed that the law does not allow us to hold these people accountable for the harm they have caused,” said Mayor Jim Hammond.

Coeur d’Alene City Councilwoman Christie Wood said she respects and appreciates the work of law enforcement and the district attorney’s office in this case.

“I think they made every effort to achieve justice,” she said. “We are a nation of laws and we abide by the laws.”

However, Wood said the victims “need our support and reassurance that this happened.”

She said that after the incident was reported, many questioned its veracity and some even called it a hoax, which she said was “totally unfair.”

She said the city continues to regret what happened and will continue to support the victims.

“We will focus on inclusivity, diversity and respect in the city,” Wood said.