Estimated read time: 4-5 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
SALT LAKE CITY — Lauded as a civil disobedience symbol agitating for urgent reaction to climate change, Timothy DeChristopher was sentenced Tuesday to two years in federal prison.
He had faced a potential sentence of 10 years in prison.
The judge's ruling
Judge Dee Benson ordered the prison time despite the urging of the Salt Lake man's defense team, which argued the activist's "foray into crime was very brief, particularly when considered in the context of his exemplary life. His crimes were not committed to harm anyone."
Benson said such a detour into crime — however passionate DeChristopher's beliefs — could not be excused under the objective lens of the law.
Such justification for action "can't be the order of the day," Benson said. "Otherwise we don't have a society, we have an anarchy."
DeChristopher was ordered to be immediately taken into custody and was also ordered to pay a $10,000 fine. He will also have three years of supervised release after serving his prison term. No restitution was ordered.
DeChristopher supporters react; 26 arrested
The sentencing followed a daylong vigil of sorts staged by his followers across the street from the federal courthouse, where representatives of Peaceful Uprising — the group he co-founded — led the crowd in songs and rousing speeches.
They took Tim away. He's gone for at least two years. He's not coming out, they took him away. He didn't hurt anyone, he hurt the status quo.
–Ashley Anderson, Peaceful Uprising
Impassioned DeChristopher supporters spoke through a megaphone to a crowd gathered on the steps of the federal courthouse and implored them not to let DeChristopher's "sacrifice" be in vain.
"I ask every single one of you, What is your commitment?" one woman shouted.
Ashley Anderson, who co-founded the group Peaceful Uprising with DeChristopher, let those gathered know DeChristopher would not be coming out to address them.
"They took Tim away. He's gone for at least two years," Anderson announced. "He's not coming out, they took him away. He didn't hurt anyone, he hurt the status quo."
Other protesters began tying themselves together with plastic zip ties and blocking the stairs into the federal courthouse, chanting "Justice is not found here!"
One woman began imploring others to join them, saying it would the "most empowering experience you'll ever have."
Another group of supporters staged a sit-in inside the lobby of the courthouse "because justice could not be found here."
"Anybody who would not like to be arrested, congregate to the northwest corner," an policeman told the crowd. ... Twenty-six people opted for the latter.
Police watched closely but didn't make any moves to remove the group until they moved onto Main Street, bringing traffic ant TRAX trains to a standstill.
"Anybody who would not like to be arrested, congregate to the northwest corner," an policeman told the crowd.
Officers, including Salt Lake Police Chief Chris Burbank, encouraged protesters to clear the road and explained if they didn't they would either be cited and released or arrested and taken away.
Twenty-six people opted for the latter. Some were carried out, others simply led away by police.
The protesters who were arrested face charges of failing to disperse.
DeChristopher's background
DeChristopher was an economics major at the University of Utah when a controversial Bureau of Land Management auction was held Dec. 19, 2008.
He has said he initially went to the auction to join protesters outside of the downtown Salt Lake BLM offices, but he felt he had to do more.
During the course of the auction, after he registered as bidder attesting he was there to participate in good faith, DeChristopher bid on 14 parcels for $1.8 million.
He told a BLM special agent he had no intention of paying for them. He subsequently was indicted on third-degree felony counts of violating an onshore oil and gas leasing act and making a false statement, which can carry up to 10 years in prison.
During a weeklong trial held in February — which drew crowds of eco-supporters such as actress Daryl Hannah — DeChristopher said he acted impulsively to stop an "illegal" auction and to prevent more damage from being done to the environment because of the drilling policies under the President Bush administration. Hannah and others have said DeChristopher was being unjustly prosecuted for simply being an environmental hero.
His defense team — which took the case pro bono — suffered a blow in 2009 when Benson rejected arguments that the young activist acted out of necessity, choosing "the lesser of two evils," when confronted with a decision to act.
Such a defense, according to the prosecution, has been allowed only when personal danger is at risk, such as when a prisoner flees a burning prison
DeChristopher's attorneys say there will be an appeal to the judge's ruling in this case.
Written by Amy Joi O'Donoghue with contributions from Sarah Dallof.
