Tim DeChristopher to serve two years in federal prison

by: Andreas Rivera on July 26, 2011

Print PDF

File Photo

Civil disobedience was the subject of the court Tuesday, as political activist and former U student Tim DeChristopher was sentenced to two years in federal prison and a $10,000 fine.

U.S. District Judge Dee Benson handed down the sentence at about 4:30 p.m. DeChristopher was convicted of disrupting a public lands auction by the Bureau of Land Management in 2009.

Outside the courthouse, supporters chanted and rallied throughout the day. When word of the verdict came out, many wept for DeChristopher’s sentencing.

“Let us use this spark to unite,” said Flora Benard, co-director of Peaceful Uprising, the Utah based advocacy group formed around DeChristopher.

Inside the courtroom, prosecutors said DeChristopher’s sentence would act as a deterrence to others from conducting similar acts of civil disobedience.

“Significant acts lead to significant consequences,” prosecutors said.

DeChristopher and his defense said acts of civil disobedience are essential for change in the law to occur.

“It was my intent to shine a light on a corrupt process,” DeChristopher said.

The defense alluded to famous cases of civil disobedience in history, such as those of Brigham Young and Rosa Parks.

“I’m not saying Mr. DeChristopher is Gandi or any of these people,” said Ron Yengich, his lawyer. “However, like these people, he has done nothing violent and nothing hateful.”

DeChristopher, who was protesting the auction as an environmental activist, was barred from discussing his motivation of preserving the environment during the trial.

“I have respected the law and these restrictions,” he said. “I hope you do not confuse disagreement of the law for disrespect of it.”

His defense said that DeChristopher’s actions had brought attention to BLM’s alleged rushing of parts of land in southern Utah to be auctioned without proper review.  In 2009, the Office of the Interior, under the Obama administration, found that the auction, as it was conducted, was unlawful.

Both DeChristopher and Yengich said they recognize that DeChristopher broke the law, and that a punishment would be in order, but a prison sentence would be a step to far. Yengich said his client was not dangerous and did not belong in prison, but would be of better use to society doing community service.

DeChristopher closed his statements saying he would not mind going to prison knowing he inspired others.

“This is what patriotism looks like,” he said.  “This is what love looks like.”

Judge Benson sided with the prosecution on giving DeChristopher prison time, and said that DeChristopher “having” to do what he did was a myth brought up during the trial.  There were other, lawful, methods of protesting the auction, he said.

The lawsuit (by environmentalist groups) was what actually shed light on the violations the auction posed, Benson said.

“It was the lawsuit, a lawful avenue, not Mr. DeChristopher which made an impact,” he said.

The judge went on to say that while civil disobedience is tolerable in rare and extreme cases, it should not be “the order of the day.”

“There would be anarchy,” Judge Benson said. “If that’s case, then why don’t the oil companies just unlawfully head down to the plot of land and drill anyway?”

The environmental argument was not a valid enough reason for civil disobedience in his eyes, Benson said.

DeChristopher received two years in prison with three years of probation and a $10,000 fine. Prosecutors originally wanted him to serve more than 30 months in prison or to pay the $1.8 million for the land he “won” in the auction.

The U.S. District Courthouse was full of DeChristopher’s supporters draped in orange scarves. Many began crying after the court adjourned, decrying the justice system and chastising Benson before breaking out into song.

Dozens of protesters began tethering themselves to the railing outside the courthouse doors, barricading the main entrances. “We will take back our court.”

Ralliers chanted, “No justice for Tim.”

Many sang as more joined in on the act of civil disobedience which was meant to be discouraged by Benson’s sentencing.

“They will not intimidate us,” Benard said.

According to Fox 13, protestors were arrested by Salt Lake Police Department for blocking the TRAX line outside the courthouse.

DeChristopher was taken into custody immediately after the sentencing.  He will likely serve his sentence in Englewood Camp in Colorado.

At a gathering at First Unitarian Church, supporters honored DeChristopher by singing songs and toasting his name.

“Today wasn’t about justice for Tim, it was about trying to intimidate others who would follow in his footsteps,” said Dillon Hase, a graduate student in political science. “What we do now is to honor Tim by continuing the fight.”

Hase said the point of civil disobedience is not to stop an act, but to create a moral dilemma for the public.

“He shed light on this process,” he said. “Signing a petition is good, but not enough. Change requires bold action.”

Heather Suker, a junior in human development, said she has supported DeChristopher since the beginning. She said he creates an example to young people to become involved in issues they care about.

Before entering the court, DeChristopher was asked if he regretted his crime.

“I’ll keep fighting, when I get out,” he said.

Richard Payson | The Daily Utah Chronicle

Short URL: http://www.dailyutahchronicle.com/?p=3747

Posted by Andreas Rivera on Jul 26 2011. Filed under Community, News, Slider. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.