[B]ENNINGTON – A judge’s decision to not impose cash bail against a white nationalist accused of violating a court order in a firearms case led to a courtroom outburst from an African American man decrying racism in the criminal justice system.
“You all keep letting him walk out of here,” Shawn Pratt said loudly from the back of the courtroom as the hearing for Max Misch drew to a close.
Misch, who was charged in February with two misdemeanor counts of illegally possessing high-capacity magazines, was in court Monday on a new charge alleging his violated his release conditions by purchasing a firearm from a store in Bennington.
Judge William Cohen said during the hearing Monday that the only way he could impose the maximum $200 bail in the misdemeanor case was if it was shown that Misch was a flight risk.
And since Misch has appeared at past court hearings as well as the one Monday, the judge said there was little he could do but release him on conditions again, though a new condition was added.
“This is unfair,” Pratt said as the hearing ended. “He should be locked up.”
Misch, still in the courtroom, responded to Pratt telling him, “Shut the fuck up.”
The two men continued to exchange words, and Misch passed by Pratt and walked out of the courtroom.
Pratt told the courtroom about a case where his nephew, who is black, was held on a high bail amount for nearly a year before charges against him were eventually dismissed.
“My nephew didn’t get no conditions, your honor,” Pratt said, then added, “Keep up with these racial disparities, guys. We’re watching all of it. It’s ridiculous.”
Court officers eventually led Pratt out of the courtroom.
“You’re all a bunch of racists. Racists,” Pratt said as he left the courtroom. “Now I’ve got to be pulled aside, for what?”
A court officer walked with Pratt out of the courthouse and to the parking lot, where he got in his vehicle and drove away.
Bennington Police arrested Misch Friday on a charge of violating conditions of his release by purchasing a handgun for $350 in cash from the Bennington Armory, according to court records made public Monday after the arraignment hearing.
Misch purchased that firearm on March 30, according to an affidavit filed by Bennington Police Officer Amanda Knox, about two months after the court had imposed conditions prohibiting him from buying, having, or using a firearm.
According to the affidavit, Misch paid for the firearm, but an employee at the armory said the firearm was still at the store.
“The Armory employee advised that they were holding the firearm for Max until his court case cleared up,” Knox wrote in the affidavit.
Police said they learned about the firearm purchase from Misch’s ex-wife, Lisa Shapiro, on July 2, and she also told authorities that she had received phone calls from “No Caller ID,” and it was Misch on the line.
Misch’s conditions of release prohibit him from contacting Shapiro. It’s unclear why no charges were filed in connection with that alleged violation of his release conditions.
“He states over and over that the trouble he is in is my fault,” Shapiro wrote in her statement to police.
“Max has also asked me to call (Vermont Attorney General) TJ Donovan and I should take back my statement because he claims I was not accurate in what I’ve stated about the amount of ammo he was stacking.”
Asked prior to the hearing Monday whether he contacted his ex-wife, Misch declined to comment.
The attorney general’s office is prosecuting the case against Misch.
Assistant Attorney General John Waszak, the prosecutor, argued during the hearing Monday for $200 bail to be set on the new charge of violating the conditions of release against Misch.
“The defendant has violated probably the most salient and important condition of release issued by your honor previously,” Waszak told the judge. “That’s a direct flaunting of the court’s conditions of release.”
Frederick Bragdon, a public defender representing Misch, said his client was not a risk to flee. In fact, the defense attorney said, his client enjoys the media attention he is getting when he appears in court.
“I’m sure as long as the press keeps coming, he’ll also be here,” Bragdon said of Misch.
Prior to the hearing Monday, Misch spent about 45 minutes talking into media cameras and microphones, spouting his racist and bigoted views.
Misch was wearing a hat that stated he was a veteran of the Iraq war and a black T-shirt with white lettering that read, “Fuck Gun Control” with rifles making the “F” and the “K” — what he said was a statement of support for both the first and second constitutional amendments.
He added that he got a “thrill” out of “trolling” people online.
Former Rep. Kiah Morris, an African American Democrat from Bennington, stepped down from her House seat last year, citing racist threats and online harassment.
The Attorney General’s Office investigated the matter, but didn’t file any criminal charges against Misch, who admitted to “trolling” her online, or anyone else, citing free speech protections of the First Amendment.
Morris had been the only black woman in Vermont’s Legislature.
In February, Misch was released on conditions including that he not buy or possess any dangerous weapons and that he stay at least 300 feet away from Morris and her husband, James Lawton, as well as Shaprio. He is also barred from leaving Bennington County.
On Monday, the judge ordered that Misch abide by those conditions and added a condition that he “not enter any place that the primary business is selling firearms or dangerous/deadly weapon.”
Meanwhile, the charges against Misch regarding the illegal possession of the high-capacity magazines is heading to the Vermont Supreme Court.
Judge Cohen last month denied a bid by Misch’s attorneys to dismiss those charges. Misch’s lawyers had argued that the new law, which was the basis for those charge, was unconstitutional.
On Friday afternoon, Cohen granted a request by both the Attorney General’s Office, which is prosecuting the case, as well as Misch’s attorney seeking to have that ruling appealed to the Vermont Supreme Court.
Pratt, speaking at his home in Bennington after Misch’s hearing Monday, said he didn’t believe Misch would end up serving any jail time in the case.
He said he thought it was important to go to the courthouse express his view of the legal system. He said he had prior verbal altercations with Misch, in which Misch directed racial slurs at him.
“I like the judge,” Pratt said. “I’m not disrespectful of those people, they know that, but this is beyond ridiculous.”
