At
around 2:15 PM, Brian Moudry walked into court at the Dirksen Federal
Building for his sentencing. The back of his head read "Blued eyed
Devil". Not a single supporter was present aside from his mother. Moudry
has been locked up for a year awaiting sentencing. During this time, he
has gotten into two altercations: On April 12, 2013, Moudry assaulted
another inmate using a combination lock in a sock as a weapon. The staff
person, who submitted the report, stated that Moudry was observed
striking the victim in the head several times with a lock in a sock. The
victim attempted to distance himself from inmate Moudry who continued
to pursue the victim and then began to throw food trays toward him and
other inmates. According to the incident report, “at no time did the
victim attempt to fight back. During the assault, Moudry shouted, “Yeah,
I’m a white motherfucker from Chicago, motherfuckers! Fuck all of
yall!" On March 8, 2013, Moudry was in a physical altercation with
another inmate. According to a memorandum pertaining to the altercation,
staff responded to an alarm triggered due to two inmates fighting. The
other inmate involved in the altercation stated that Moudry approached
him and said, “who do you think you are the police, you don’t give me
any orders about making my bed.” The inmate further reported that when
he turned his back, Moudry “proceeded to pick up a broom and tried to
hit him with it.” According to the report, the other inmate turned
around to defend himself, Moudry dropped the broom, and they began to
exchange punches until ordered to stop fighting. According to the
memorandum, Moudry reportedly stated that “I got into a fight and that’s
all I’m saying.” Judge Robert Gettlemen told Moudry that he is "Lucky
the fire went out" and said otherwise it would have weighed on his
conscience. When asked if Moudry had anything to say, Moudry replied
"No". From there he was sentenced to the statutory maximum of 120 months
(with the ability to be reduced by 15%) and owes restitution in the
amount of $1708.32. The Judge acknowledged the defenses request for
substance abuse and metal health treatment (Due to a long history of
metal health issues such as schizophrenia) and recommended a facility
closest to Chicago that could meet that recommendation, while also
maintaining the appropriate security level.
The Incident:
|
Lock and sock |
|
On June 17th 2007 Brian Moudry, Marcin Golebiowski
(3847 N Pontiac Ave Chicago, IL), and Daniel E Marlin were drinking in
Brian Moudrys garage at 304 s Reed st in Joliet, IL. At around 5am,
Police were called to the scene of a crime a few houses south of Moudrys
at 318 s Reed st by an eye witness claiming to have seen a man with an
orange shirt and blue jeans walking northbound with a tank of gasoline
after splashing gasoline on the north side of the residence. The
residence was being rented by a black family and had inside eight
children–ranging from four to fourteen years of age. The officers,
familiar with Moudry and his white supremacist views, went to Moudrys
house shortly after and seen the garage door open with candles on.
Inside was Golebiowski and Marlin. Moudry was not inside at this time.
Oddly enough, Golebiowski matched the description and was pointed out by
the wtiness. Golebiowski was placed in custody and Daniel Marlin was
brought down to the Joliet police dept for investigation. Both Marlin
and Golebiowski told investigators that Moudry used the word "nigger"
several times in reference to the new neighbors at 318 Reed st.
|
Moudry w/ Tom Metzger and James Logsdon |
Ultimately,
on March 10th, 2008, the Will County States Attorney’s Office somehow
dismissed the charges against Golebiowski. Moudry was then charged in a
three-count indictment. On January 18, 2013, Moudry pled guilty to Count
Two of the Indictment which charged him with the use of fire in the
interference of another occupying a dwelling because of the occupant’s
race, in violation of Title 42, United States Code, Section 3631(a).
Moudry was a member of the Creativity Movement (TCM), formerly known as
the World Church of the Creator (WCOTC), and got his first white pride
tattoo at the age of 14. According to reports, around 4am Moudry went
and tried to set the house on fire from the south side of the residence.
After Moudry returned to his garage he bragged “I did it, I did it, I
set that fucking house on fire.” Moudry then realized that the fire he
set had extinguished. He returned to the residence, poured more gasoline
on a north-facing exterior wall of the residence and ignited a second
fire. While there, a 14-year-old girl who lived in the home observed the
fire and went outside the residence to investigate. The girl saw
tsomeone holding a red can near the corner of the house. After igniting
the second fire, he returned home briefly. At gunpoint, a witness drove
Moudry from the residence to another area of Joliet. Moudry then took
numerous actions to destroy evidence from the arson, including disposing
of the gas can, his clothing and cleaning the vehicle in which he and
the witness rode in. Moudry then attempted to provide an alibi for
himself by purchasing food with a credit card at a Dunkin Donuts.
Our Conclusion:
Regardless
of our opinion towards the fascists, South Side ARA won't be applauding
this sentence. Groups like the SPLC may wish for prison time, but
unlike them we don't see prison as the answer. Nor do we see all
prisoners as scum. We wish not to have other inmates subjected to Moudry
antics. We don't wish for our friends, family, and comrades who are
incarcerated, to be hit in the head with locks by white supremacist. We
would rather see Moudry on the streets receiving "justice" at the hands
of anti-fascists. It is true that we did not prevent this arson attempt
but neither did the state. Instead, the state has allowed Moudry the
ability to organize with white supremacy gangs behind the wall. On the
streets of Chicago, at this point in time he wouldn't be so capable.
Moudrys motion to suppress:
https://docs.google.com/file/d/0B93C_eFy0nOpSkhuZHVoZko3QkU/edit?usp=sharing
Moudrys sentencing memorandum:
https://docs.google.com/file/d/0B93C_eFy0nOpSjNRaGlpemVyZG8/edit?usp=sharing
Governments position paper on sentencing:
https://docs.google.com/file/d/0B93C_eFy0nOpdmdYRmxQRXRVVTA/edit?usp=sharing
Exhibit A:
https://docs.google.com/file/d/0B93C_eFy0nOpWERGSXNoSEVIN28/edit?usp=sharing
Exhinit B:
https://docs.google.com/file/d/0B93C_eFy0nOpTVNPdlhYY0pWOUU/edit?usp=sharing
Exhibit C:
https://docs.google.com/file/d/0B93C_eFy0nOpWlRYODRmQXdOU1U/edit?usp=sharing
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