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Defendant in cross-burning case sentenced to federal prison, motion for new trial rejected

DENVER — Ashley Blackcloud, one of the three defendants involved in the hate crime “hoax” that made headlines during the 2023 mayoral runoff election in Colorado Springs, was sentenced to federal prison Thursday after a U.S. District Court judge denied her request for a new trial.

Blackcloud, 41, and her co-defendant, Derrick Bernard, 36, were both found guilty of one count each of conspiracy and maliciously conveying false information to intimidate another person following a federal jury trial in May 2025.

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.

Blackcloud appeared out of custody for Thursday’s hearing, during which Judge Regina Rodriguez handed down a sentence of one year and one day in federal prison for each of the two guilty counts. The sentences will run at the same time.

Rodriguez’s judgment went against both the prosecution’s and the defense’s sentencing requests. The sentencing range was 18 to 24 months, but both parties requested sentences outside of that.

The prosecution sought a 37-month sentence, while the defense requested only probation.

“This is a really unusual case,” defense attorney Britt Cobb said. “She was not motivated by hate … this was clickbait.”

Blackcloud took the stand to give a statement ahead of sentencing, during which she maintained that then-candidate Yemi Mobolade had asked for their help in staging the hoax in exchange for grant money.

“This was Yemi’s choice,” Blackcloud said.

However, Blackcloud did say she felt remorse for her actions and was not aware of the potential consequences at the time of the crime.

“I’m deeply sorry,” Blackcloud said between tears. “That was the dumbest decision I have ever made in my life.”

“This has taken everything from me,” Blackcloud added.

Ahead of sentencing, Blackcloud argued on a motion for a new trial or to be acquitted of her charges, claiming Bernard’s mental state and behavior during the trial, specifically his decision to testify, negatively impacted her case. Motions filed in the case claim Bernard was experiencing a “manic episode” during trial.

“I had never seen anything like his testimony in 30 years of trying cases,” Cobb said.

In addition, Cobb argued the alleged manic episode impacted April’s plea negotiations. Attorneys said in court that at least one of the plea agreements offered only stipulated a maximum of six months in prison.

It was revealed in court Thursday that Bernard’s most recent evaluation found him to be competent. Bernard previously claimed improper pain medication triggered an episode, and later a bipolar diagnosis.

The expert psychiatrist on the case reportedly could not issue a clear opinion on the medication issue. It was additionally noted Bernard was not on the medication at the time of trial, only in the weeks leading up to it.

After over an hour of arguments by both parties, Rodriguez ruled there was no basis for the motion for acquittal and denied ordering a new 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 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.

The next update in the case is expected to come at Bernard’s next hearing in February, during which attorneys are expected to discuss more regarding his competency evaluations. A sentencing hearing is scheduled for March, according to court records.

Bernard is already serving life in prison without a 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.” 

“My family and I are grateful for the work of law enforcement and the judicial system in holding those responsible accountable and ensuring that justice was served,” Mobolade said in a statement Thursday evening.



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