COEUR D'ALENE, Idaho — Five members of the white nationalist group Patriot Front sat in the Kootenai County District court Friday as a judge handed down sentences to each of them. Although all of the men will spend time in jail, judgement against them was ultimately withheld.
Judge James Stow sentenced Forrest Rankin, Devin Center, Derek Smith, James J. Johnson and Robert Whitted to three days in jail after they were convicted of conspiracy to riot. In addition to the jail time, the five men will each also pay a $1,000 fine, serve one year of unsupervised probation and be prohibited from being within two miles of Coeur d'Alene city parks while on probation.
Because the probation is unsupervised, the five men are allowed to return to their home states after their release from jail.
Judge Stow gave both the prosecution and the defense a chance to make sentencing recommendations for the five men. During the prosecution's recommendation, Coeur d'Alene chief criminal deputy city attorney Wes Somerton said the men did not take any steps to find out the rules for exercising their First Amendment rights.
"Testimony was clear that these defendants believe their First Amendment rights trump all others," Somerton told the judge. "That they can protest wherever, whenever and however they choose to do so."
During the trial, two of the defendants stated that other people were protesting in City Park on June 11, 2022, when the 31 men were arrested. However, Somerton argued that the other protestors were peaceful and the Patriot Front group was not.
"They claim they want to change America, make America better. But the way you do that is follow the laws," he stated. "They wanted to forcibly show the people at City Park Patriot Front's lifestyle."
The prosecution ultimately recommended the men be sentenced to 10 days in jail with a two-day credit for the time they served after their arrest in 2022. They also recommended all five men receive five days of community service, a $2,500 fine each, a two-year unsupervised probation and prohibition from anywhere within two miles of the courthouse.
Robert Sargent, the men's defense attorney, told Somerton that he has been respectful all trial, but in this particular sentencing hearing, his "iron did rise up."
"This sounds like retribution," he argued.
Sargent said the prosecution's claims that their recommendations were made in order to keep families and children safe was baseless. Rather, he claimed that his clients didn't know the Pride event was happening in downtown Coeur d'Alene on that day. He also said he believes that they were going downtown to peacefully protest.
"These are not evil-intended young men," Sargent told the judge. "I do believe they were going to peacefully protest."
The defense ultimately recommended that judgement be withheld from the five men. He asked that they all receive a $500 fine and two years of unsupervised probation. He also recommended that the men serve no additional jail time.
All five men were given the opportunity to address the judge themselves. All five of them said they still maintain their innocence but respect the decision of the jury. They also told Judge Stow that they will strictly adhere to any sentence or guidelines handed out.
Center, who lives in Fayetteville, Ark., said all five of the men have suffered in some way because of their actions. In his case, he was kicked out of the University of Arkansas, where he was double majoring.
"I would ask that the court grant a sentence that would not disproportionately hinder our lives," Center told the judge. "If not for our sake, then for the sake of the country that we hold very dearly."
Whitted and Smith also told the judge of the backlash they've received as a result of their actions. Whitted said his wife's family received threats through the mail and claimed his Bank of America account was closed once the trial began. Smith said he lost his professional job and had someone show up at his apartment with an AR-15.
Judge Stow told the men he doesn't believe the jury's decision was based solely on the way the men were dressed. He added, however, that someone should not be punished for exercising their right to a fair jury trial.
"The intent is not to punish speech or belief, but to address punishment for the offense you're convicted of," he said.
Ultimately, Stow withheld judgement on all five men. In Idaho, a withheld judgement means a defendant's conviction won't appear on any court records once their probation period is over. As long as the men follow all the terms of their probation, they can contact the court in one year and ask that judgement be withheld, meaning the conviction won't go on their record.
However, the men didn't leave court with zero jail time. Stow sentenced each of them to serve three days in the Kootenai County Jail and ordered them to be taken there immediately after sentencing. They will be released on Sunday at 5 p.m. and allowed to return to their home states.
All five men also received one year of unsupervised probation and a $1,000 fine. They are also not allowed to come within two miles of any Coeur d'Alene city parks during their probation period.
Rioting is generally considered a misdemeanor in Idaho. Conspiracy to riot is punishable by up to one year in jail, as well as a $5,000 fine and up to two years of probation.
Kootenai County bailiffs handcuffed and escorted all five men out of the courtroom following sentencing.
Background Info:
On June 11, 2022, 31 men with ties to a national hate group were arrested blocks away from the Pride in the Park event in Coeur d'Alene. Police found the men hiding inside a U-haul truck after someone spotted them loading up and called to report what "looked like a little army."
Police said they recovered evidence that the group was planning to riot in downtown Coeur d’Alene. All 31 men were arrested on charges of conspiracy to riot.
Those arrested come from 13 states, including Idaho, Washington, Oregon, Texas, Michigan, Alabama, Colorado, Wyoming, Utah, South Dakota, Illinois, Missouri and Arkansas.
WATCH RELATED: 5 members of Patriot Front found guilty of conspiracy to riot, will be sentenced Friday
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