[B]URLINGTON — A University of Vermont student was cited on a charge of disorderly conduct this week after someone reported overhearing him using racist and threatening language.
The allegations come at a time of escalating racial tensions on campus and nationwide. UVM students recently gathered in protest to demand the school improve diversity initiatives and expel a different student who stole a Black Lives Matter flag.
Wesley Richter, 20, a continuing education student, was in court Friday to answer the disorderly conduct charge.
Judge Dennis Pearson granted Richter’s attorney, Ben Luna, more time to file a motion arguing that the facts the state presented did not amount to probable cause to believe a crime had occurred. If Pearson does not dismiss the case, Richter is to be arraigned Oct. 27.
The precise nature of the allegations against Richter remains unclear, as does the evidence supporting them, because the police affidavit will not be public until Richter is arraigned.
Luna accused the Chittenden County state’s attorney, UVM and the UVM Police Department of caving to political pressure in charging Richter.
“Politics shouldn’t play a role in prosecution,” Luna said. “The allegations are based upon verbal content, and verbal content in the circumstances of this case cannot be prosecuted under the First Amendment.”
UVM Police Chief Lianne Tuomey countered that the investigation established facts that support the disorderly conduct charge, the definition of which includes threatening behavior.
At the same time, university officials are facing criticism from students who said warnings about the alleged threats were vague and didn’t do enough to reassure students of color that they were safe, particularly during a week shadowed by the Las Vegas mass shooting.
Richter’s public phone conversation, which is the basis for the charge, was reported by another UVM community member Sunday evening, officials said.
In a message to students and faculty Monday, Vice Provost for Student Affairs Annie Stevens described “explicitly racist and threatening language” that was directed toward “African Americans and general diversity initiatives at UVM.”
“Such detestable remarks and threats directed to any group or individual are antithetical to our values and commitment to work toward racial equality and greater inclusion,” Stevens added.
Wednesday the school told students that a UVM police investigation had identified a single person of interest. Police were doing all they could to “expedite the investigation” and “ensure the safety of all members of the university community,” the school said at the time.
It was not until Thursday that UVM issued a statement explaining that at no time during the investigation had campus police found information to suggest an “imminent threat to public safety.”
Luna pointed to that statement as evidence his client hasn’t committed a crime.
The statement explained further that, if there was an imminent threat, additional safeguards would have been initiated, “including extensive CatAlert messages, instructions, and updates across all email, telephone, and social media.”
Stevens said during a Friday news conference that university officials were trying to strike a difficult balance between keeping students informed and not compromising an ongoing investigation.
“I recognize the impact this has on people’s lives,” Chief Tuomey said, adding that she had met with students of color to reassure them officials would continue doing everything they can to ensure their safety.
Angelica Crespo, a senior and student activist, told Seven Days that she believed Richter was lashing out at student demands for improved diversity initiatives. “This is racism on campus,” Crespo said.
Luna said his client isn’t a racist. “If my client was racist, why would he retain one of the few Mexican attorneys in the state?” Luna said.
