Coeur d'Alene city attorneys have declined to file charges against an 18-year-old suspect who allegedly yelled a threatening racial slur at the University of Utah women's basketball team and ruined Spokane's March Madness playing experience.
Prosecutors say Anthony Myers, a Post Falls High School student, used the N-word while yelling at players and sexually assaulted them in a desire to “be funny,” according to a written decision released by the chief Monday afternoon. announced that he had admitted that he had mentioned it. Deputy City Attorney Ryan Hunter.
However, Myers' words were considered protected speech under Idaho law. Prosecutors called her language racist and misogynistic, but determined Myers' actions did not amount to a crime.
On March 21, approximately 100 members of Utah's athletics department, including athletes, coaches, band members, cheerleaders, dance teams, and school personnel, arrived at the Coeur d'Alene Stadium where they were staying as part of the NCAA Tournament. I walked along Sherman Avenue from the resort. In Spokane. The team, along with band members and athletic club members, walked down the street to dinner at Crafted Tap House + Kitchen downtown. Restaurant manager Junior Mujtaba said they had reservations for about 90 people at 5:30 p.m.
Robert Moyer, a donor to the Utah team, reported the harassment to police two hours after the incident. He said in the report that people in several lifted pickup trucks and “souped up cars” yelled racial slurs, including the N-word, at non-white players while the drivers revved up their engines. He said he kept shouting slurs. Moyer reported that the group appeared to be waiting for the team on their way back from dinner, and the vehicle sped up and slowed down, spewing slurs at them.
Prosecutors' documents include a three-week investigation by the Coeur d'Alene Police Department, which found surveillance video of a lifted truck driving by as the team walked to dinner, killing the truck's occupants. He said there was no evidence to support that. They revved their engines and shouted racial slurs at the team.
The investigation included approximately 24 interviews and several hours of surveillance video.
Further evidence supports that the use of racial slurs was heard as the team was returning from dinner, according to the documents. Documents say a silver car was captured on video passing the team, with someone inside shouting multiple racial slurs and sexual threats. A woman's voice can also be heard yelling for someone to call the police.
Five witnesses gave different descriptions of the car and the person yelling racial slurs from inside.
Moyer said the team was forced to walk faster to the restaurant due to hateful language and noisy vehicles, which he described as “offensive.”
“Some people didn't realize what had happened until they got to the restaurant, and everyone was just like… some in tears,” he said.
The University of Utah declined to comment Monday.
The incident did not become public until after Utah lost to Gonzaga University in the NCAA Tournament in Spokane the following Monday.
It grew into a national story, sparking the ire of Coeur d'Alene leaders and drawing negative attention to the city.
On Monday afternoon, Coeur d'Alene Mayor Jim Hammond said he was disappointed to hear that no charges will be filed or there is no alternative to holding those responsible accountable.
“I'm disappointed that there isn't some accountability,” Hammond said. “I'm not going to second-guess the prosecutor who made that decision, but it's unfortunate that there isn't some form of community service that can be done to hold the child accountable.”
Mr Hammond said he hoped the man's parents would do everything they could to uncover the consequences of his actions. He wants the city to be known as a place where people are treated with respect and worries the decision not to press charges sends the wrong message.
“My concern is that we don't want the message to be that it's okay to behave that way, it's okay to treat people that way,” Hammond said. “Because it's not.”
Hunter considered charging Myers with disturbing the peace, disorderly conduct or malicious harassment, but ultimately decided the incident did not rise to the level to support criminal charges.
In their decision not to charge Myers with malicious harassment, prosecutors wrote:
“Regarding the first requirement of specific intent to intimidate or harass, there is insufficient evidence that Anthony Myers acted with specific intent to intimidate or harass any specific person. This confirms that Mr. Myers' intentions were funny.
“To be clear, everything said by the other occupants of the vehicle and by Mr. Myers himself was that he, as a white man, thought it was strange for him to scream even though he had expressed a desire to have anal sex with a black woman. He made his hatred of black people abundantly clear by deploying the N-word. Putting aside the absurdity of that claim and the profoundly disgusting thought process required to believe that saying such abhorrent things is humorous, he nevertheless has the specific The fact that you had an intention is undermined. ”
In refusing to pursue charges of disturbing the peace and disorderly conduct, Hunter said:
“What has been clear from the beginning of this case is that what aroused the justified outrage in this case was not when, where, or how Mr. Myers made the grotesque racial comments. It was a grotesque racial remark.
“Accordingly, any attempt to prosecute Mr. Myers for either disturbing the peace or disorderly conduct would necessarily rely on the substance of Mr. Myers' statements to establish either crime; This would be a clear violation of the First Amendment and Mr. Myers' free speech rights as contemplated in the United States Constitution and the…Idaho Constitution. ”
Hunter said prosecutors “share the outrage caused by Anthony Myers' abhorrent racist and misogynistic comments.” However, he noted that prosecutors are obligated to pursue only charges that are supported by probable cause that a crime has been committed.
Tony Stewart, a founding member and executive director of the Kootenai County Human Relations Task Force, said the investigation had led to an investigation into the case after criticism of his organization and questions about the legitimacy of the team's experience in the investigation in general. He said it was important to note that what happened was confirmed. .
“We certainly condemn individuals who disrespect others,” Stewart said. “Unfortunately this incident did happen and it is very sad. Even if no charges are filed, we will support the victim.”
The organization has seen numerous cases related to human rights in its 43 years, and Stewart said each case could be different from the next and that not all cases result in charges. He said no. It may be frustrating, but that decision is left to the prosecutor.
“This is another example of why supporting victims and speaking up on their behalf is so important,” Stewart said.
Stewart is proud of the work the Kootenai County Task Force has done to draw attention to and condemn this incident and show support for the young women involved. He noted that the task force is working to that end with similar partners in the region, including Human Rights Spokane.
“We have sent a message loud and clear that we are very sorry that this happened and that we support the victims,” Stewart said. “And we condemn any kind of disrespect towards other human beings, whether verbal or physical.”
Coeur d'Alene Capt. David Hager declined to comment on the charging decision, saying the investigation speaks for itself.
Reporters Nick Gibson and Emma Epperly contributed to this article.