Citing lack of cooperation, judge delays sentencing for Daniel Borden in 'Unite the Right' beating
Daniel Patrick Borden should have found out his fate Monday.
Instead, he鈥檒l have to wait until January to learn what sentence will be imposed for his role in the beating of DeAndre Harris during the 鈥淯nite the Right鈥 rally in Charlottesville, Virginia, in August 2017.
Charlottesville Circuit Judge Richard Moore reset sentencing for the 20-year-old Borden for Jan. 7, 2019. Moore cited Borden鈥檚 unwillingness to speak with probation officers conducting a pre-sentence investigation, as well as a request from Borden鈥檚 lawyer Michael Hallahan to bring multiple character witnesses to a sentencing hearing, as cause for postponing the hearing.
鈥淭his is a serious case. This is an important case,鈥 Moore said. 鈥淚t鈥檚 a significant case.鈥
Hallahan said Borden wanted an attorney present before he spoke with anyone from the legal system, which is why he refused to talk to a probation officer for a pre-sentence report, which is used to help determine if someone should be sent to prison and, if so, for how long.
鈥淚鈥檓 going to stop short of ordering the defendant to give any information,鈥 Moore said.
鈥淗e鈥檚 very young,鈥 Hallahan responded. 鈥淗e鈥檚 just unsure of what to do.鈥
鈥楶olitical prisoners鈥
Borden, who appeared in court shackled at the hands and feet, is one of four people who have been convicted of or pleaded guilty to violence stemming from the racist 鈥淯nite the Right鈥 rally. He entered an Alford plea 鈥 meaning he acknowledged enough evidence to convict him without acknowledging guilt 鈥 in May to a charge of malicious wounding.
The four, along with two others awaiting trial, have been deemed 鈥減olitical prisoners鈥 by members of the racist 鈥渁lt-right.鈥 Fundraisers and rallies have been held in their names. But so far, none of the court hearings have drawn attention from or attendance by those charged with crimes.
Outside Borden鈥檚 hearing held across the street from a park bearing the statue of Confederate Gen. Thomas 鈥淪tonewall鈥 Jackson, as with the others, there were no protesters, no one calling for their freedom and no sign that someone charged after 鈥淯nite the Right鈥 was inside awaiting word on his future.
Jacob Scott Goodwin, a 24-year-old neo-Nazi sympathizer from Ward, Arkansas, received an eight-year prison sentence, with two more years suspended, in August for his role in the beating of the 21-year-old Harris, who was prone on the ground during much of the attack.
A judge also handed down a six-year sentence for 34-year-old Alex Michael Ramos of Jackson, Georgia, just hours after Goodwin鈥檚 sentencing. Ramos, a onetime member of a militia group called the Georgia Security Force III%, ran from across a street to kick and stomp on Harris as the beating went on. Ramos also faces three years of probation that could be converted to more prison time if he violates the terms of the supervised release.
Both sentences were in line with what the jury in each case recommended.
Goodwin wore a military helmet and carried a large shield during the attack on Harris, captured on video in a parking garage next to the Charlottesville Police Department. Ramos joined the attack after Harris was on the ground. Two others have been arrested and charged for taking part in the attack.
A League of the South member, 50-year-old Tyler Watkins Davis of Middlesburg, Florida, is scheduled for arraignment Oct. 4. He was arrested in January. Three other assailants shown on a video of the attack have yet to be identified by police.
Police say Harris was attacked by a group of white supremacists in a parking garage and beaten with pipes, wood slabs and poles.
Davis, who is heavily tattooed, can be seen in a video of Harris being beaten wearing a 鈥淏oonie Hat鈥 and all-black clothing with a League of the South logo on the shirt.
Davis is a charter member of the D.B. Coleman chapter of the Florida League of the South聽based in Middleburg.
A Maryland Klan leader, Richard Wilson Preston, was sentenced in August to four years in prison for firing a gun into a crowd during the melee that stemmed from the rally.
The assault of Harris came on a day when white supremacists, neo-Nazis and other racists overtook downtown Charlottesville. One neo-Nazi sympathizer, 21-year-old James Alex Fields, Jr., of Ohio, is charged with first-degree murder. Police say Fields plowed his car into a crowd near downtown, killing 32-year-old Heather Heyer.
Family ties
Multiple members of Borden鈥檚 family attended Monday鈥檚 hearing, including his father, 55-year-old Rick J. Borden, a retired Air Force pilot. Rick Borden has written letters to Moore denouncing the idea that his son was charged with beating Harris.
In a letter written in March, Rick Borden blamed the attack on Harris and said his family includes a Columbian national, residents of the Dominican Republic and a 鈥淐hinese Communist National.鈥
鈥淎s such WE WILL NOT ACCEPT or CONDONE BEING CALLED RACISTS, WHITE NATIONALISTS, KKK or NAZIS by the self-victimized ANTIFA NUTCASES,鈥 Rick Borden wrote.
In court, Rick Borden and other family members were subdued as Hallahan described to Moore how the family wanted to have multiple character witnesses available for a sentencing hearing with the hope of painting a picture of Daniel Borden for the judge.
Once Moore delayed the sentencing, Daniel Borden, his round face framed by short hair and bushy sideburns, stood up, looked at his family and gave a half-smile and wave. A family member called out his name twice, but Borden had already turned away with a deputy, headed back to the Albemarle County Jail.