Monday, March 21, 2011

USDOJ Press Release/KNS -- Tenn. Businessman Sentenced to Six Months in Prison for Burning a Cross on Lawn of Interracial Couple (Including Niece)


Convicted cross-burner STEVEN DEWAYNE ARCHER is going to federal prison

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For Immediate Release
March 18, 2011 United States Attorney’s Office
Eastern District of Tennessee
Contact: (865) 545-4167

Anderson County Man Receives Six-Month Prison Sentence for Cross-Burning

KNOXVILLE, TN—Steven D. Archer, 50, Heiskell, Tennessee, was sentenced today by the Honorable Thomas W. Phillips, U.S. District Judge, to serve six months in federal prison, followed by six months of community confinement. This sentence follows Archer's July 1, 2011, conviction for willfully interfering with a couple’s federal housing rights because of their race by burning a wooden cross outside the Anderson County residence occupied by the victims—a Caucasian female and an African-American male.

The cross-burning occured on July 23, 2008, and the proof at trial demonstrated that Archer built a wooden cross at his place of business and transported it to the front yard of the victims’ residence. The evidence also showed that before setting fire to the cross, Archer wrapped the cross in fuel-soaked cloth and attached .22 caliber blank shells to the cross, which exploded as the cross burned. Archer admitted burning the cross, but denied a racial motivation. A federal court jury found otherwise and convicted Archer of violating the victims’ federal housing rights.

“Cross-burning is a despicable act of hatred and intolerance,” said U.S. Attorney Bill Killian, and further added, “Americans of all races should be free to live where they choose, undisturbed by such deplorable conduct. The Federal Bureau of Investigation and the U.S. Attorney’s Office, in conjunction with the Civil Rights Division, U.S. Department of Justice, will aggresively investigate cross-burnings and all other hate crimes.”

This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Trey Hamilton represented the United States.
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Knoxville News-Sentinel
Cross-burner gets six months in prison
A Knoxville businessman who insisted he burned a cross to protect his family will spend six months in federal prison.

Steven Dewayne Archer, 51, of Heiskell claimed he set a cross - complete with blank .22-caliber shells as trimmings - ablaze on July 23, 2008, in front of the home his white niece shared with her black fiance for personal, not racial, reasons. He didn't convince a jury - or U.S. District Judge Thomas Phillips.

Phillips sentenced Archer, the operator of City Auto Glass on Magnolia Avenue, to six months in prison Friday, along with another six months in a federal halfway house. The halfway house is also on Magnolia Avenue. Upon finishing the sentence, Archer must spend two years on supervised release.

The cross-burning happened in the yard of Emily Devente and Billy Woodruff near the Knox-Anderson county line. Archer claimed he wanted to intimidate Woodruff personally because he considered Woodruff a drug dealer and a thief. An employee testified, however, that Archer habitually used racial slurs.

"Although no one was physically hurt in this offense, it was an act intended to intimidate the victim because of his race," the judge said. "The court takes that very seriously."

Assistant U.S. Attorney Trey Hamilton objected to the sentence, saying the law called for Archer to serve at least a year behind bars. The judge overruled, saying the split sentence met the requirement.

Archer's lawyer, James A.H. Bell, asked the judge to let Archer stay free on bond until he decided whether to appeal the conviction.

"If he is incarcerated (now), by the time we got the appeal heard, he'd have served his sentence," Bell said.

The judge said no, and deputy U.S. marshals took Archer into custody.

Matt Lakin may be reached at 865-342-6306.

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