Colorado Springs Mayor Yemi Mobolade, an independent and the city’s first Black mayor, is facing allegations of staging a hate crime to influence his election. Court documents reveal that the FBI referred Mobolade for prosecution over false statements tied to the alleged hoax. However, the Department of Justice decided not to pursue charges, reportedly citing his historic role as the city’s first Black mayor.

Acting U.S. Attorney Matt Kirsch announced that three of Mobolade’s supporters—Derrick Patrick Bernard, Ashley Blackcloud, and Deanna West—have been charged in connection to the hoax. According to KRDO, Bernard communicated extensively with Mobolade before, during, and after the incident.

On April 13, 2023, Bernard sent a Facebook message to Mobolade referencing a “plot” and claiming to be “mobilizing” in defense of the campaign. Ten days later, a burning cross appeared near a Mobolade campaign sign that had been vandalized with a racial slur. To motivate Black voter turnout, Bernard and the other suspects reportedly sent a video of the scene to news outlets.

Court records also show text exchanges between Bernard and Mobolade. Bernard messaged the mayor on the day of the incident and again afterward, referencing the “finish” and claiming to have information the mayor had requested. The two reportedly had a phone call on April 26. Despite these communications, Mobolade denied having any connection to Bernard during interviews with the FBI, even scrolling through his phone to skip over messages while under questioning.

FBI officials allege that Mobolade lied about his knowledge of the hoax, but the DOJ declined to prosecute. An official said that such behavior would typically result in charges, adding that the DOJ’s response was, “We can’t indict the first Black mayor of Colorado Springs.”

The allegations have raised questions about Mobolade’s role and the DOJ’s decision, particularly given the conservative leanings of Colorado Springs, where Mobolade defeated Republican Wayne Williams in the election.