[B]URLINGTON — A recent South Burlington High School graduate pleaded guilty Wednesday to two misdemeanors for painting racist graffiti targeting a black student.
Tyler Austin, 19, was originally charged with felony unlawful mischief and misdemeanor aggravated disorderly conduct with a hate crime enhancement. He could have faced a maximum of seven years in prison if convicted.
Assistant State’s Attorney Ryan Richards said reduced charges in exchange for a guilty plea were acceptable because Austin had written apology letters to the student he targeted and the school district as well as completing 50 hours of community service.
Richards said the state sought an outcome that “would not completely inhibit him from being a productive member of society going forward.”
Austin pleaded guilty to misdemeanor unlawful mischief and disorderly conduct.
He also voluntarily agreed to pay $1,350 from his wages in a plumbing apprentice program to the cleaning service that removed the graffiti from the South Burlington High School athletic field after it was discovered over the summer. He will also spend four to five days on a work crew, which Richards said will show Austin what the consequences could be if he continues to break the law.
The graffiti targeted Isaiah Hines, who graduated with Austin last spring. Hines had helped lead a successful push to drop the Rebels nickname for South Burlington school sports teams, which the school board voted to do in February.
Hines and other community members, including former state Sen. Jim Leddy, argued the Rebels name was not inclusive and had racial connotations because of its historical connection to the Confederacy and slavery in America.
Students in the district selected the Wolves as their new team name in May, and in September Adidas donated $25,000 to help purchase new uniforms, which sports teams are wearing. However, a group of residents calling themselves the Rebel Alliance is still suing the district to try to force a citywide vote on whether to go back to the Rebels name.
Austin told Superior Court Judge David Fenster that he didn’t know Hines personally and did not believe they had ever had a conversation. “This all just started because of when the name got changed,” Austin said.
Describing his apology to Hines, Austin told the judge, “I just tried to pretty much say I’m sorry, and try to let him know that I’m not racist and I don’t think of anyone non-equally.”
Austin said he understood how “hateful” his actions were, and how they had negatively affected not just Hines but the entire South Burlington community.
Richards said he and a victim’s advocate had discussed the plea agreement with Hines before it was finalized, and Hines did not express any opposition to the possible outcomes they laid out. Hines did not respond to a message seeking comment Wednesday.
Hines told The Burlington Free Press after Austin’s arraignment, “It’s not something I’m likely to forget,” but added that he’s trying to move forward without holding grudges.
Austin recently completed 50 hours of community service with the Association of Africans Living in Vermont, a nonprofit that helps new immigrants.
Fenster asked how that arrangement came about, and Austin explained that his father took a business class with a woman who worked for the group. Austin’s father asked the woman about his son doing community service with the organization, he said, and Austin was connected with a youth program manager who found projects for him to work on.
Fenster asked if Austin discussed the racist graffiti he painted at the high school with anyone at AALV. “Not really. I didn’t want to bring it up,” Austin told the judge.
“They didn’t ask, but they knew,” he added.
