Ashley Blackcloud, one of the co-defendants in the federal hate crime “hoax” case that arose during the 2023 Colorado Springs mayoral runoff election, is seeking a new trial or to be acquitted of her charges, court records show.

Blackcloud, 41, and her co-defendant, Derrick Bernard, 36, were found guilty of one count each of conspiracy and maliciously conveying false information to intimidate another person after a federal jury trial in May 2025. They have yet to be sentenced and face up to 15 years imprisonment, plus $500,000 in fines.

A third co-defendant, Deanna West, received probation in September after pleading guilty to the crimes earlier in proceedings and testifying against Bernard and Blackcloud during trial.

The case started in November 2024 when the U.S. Attorney’s Office for Colorado announced that a federal grand jury had indicted the trio for “maliciously conveying false information about a threat made using fire” to draw support for the eventual winner of the mayoral race, Yemi Mobolade, who became Colorado Springs’ first elected Black mayor after winning a runoff election against Wayne Williams.

Videos and photographs of the early morning incident on April 23, 2023, which included a cross burning and posting a racial slur, were sent in a mass email to media outlets along the Front Range.

Bernard’s defense counsel raised the issue of competency shortly after the May trial concluded and the pair were found guilty on all counts. In a recent court filing by Blackcloud’s defense, attorneys say Bernard’s decision to testify was a “last-minute decision” and the result of a “manic episode” he experienced during trial due to medication issues.

Blackcloud now says her co-defendant’s mental state and behavior during the trial unfairly impacted her case and requests either a judgment of acquittal or a new trial, regardless of legal competency.

Court records indicate Bernard was found to be legally competent in recent weeks after the completion of an evaluation. His sentencing on the federal charges had been delayed due to concerns about his competency, but was recently set for March 25.

“Ms. Blackcloud believes that this information should affect her Rule 33 motion because this manic episode affected plea negotiations and also would have been relevant to the motion for severance if had it been known,” a Jan. 6 motion stated.

“Further, Ms. Blackcloud believes that counsel could have used the information on cross-examination of co-defendant Bernard to blunt some of the more harmful effects of Mr. Bernard’s wild testimony had this been known.”

According to previous Gazette coverage of the trial, Bernard testified against the advice of his attorney, Tyrone Glover, and claimed that Mobolade was behind the plan from the beginning. His testimony differed greatly from statements given by several others, including Mobolade himself, during the trial.

Blackcloud is set for sentencing on Thursday, but court records show Judge Regina Rodriguez scheduled a hearing one hour before sentencing to rule on the motion for acquittal or a new trial.

Bernard is already serving life in prison without chance of parole after he was convicted of ordering the 2019 murder in Colorado Springs of William Underwood, who went by the rapper name “FYL Jackk.”