A Minnesota prosecutor who refused to charge a vandal who keyed several Tesla vehicles with a felony is under investigation by the Department of Justice for taking a defendant’s race into consideration in plea negotiations.
Assistant Attorney General for Civil Rights Harmeet Dhillon said the DoJ’s Civil Rights Division will review whether policies in the Hennepin County Attorney Mary Moriarty’s office constituted “a pattern or practice of depriving persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States.”
Moriarty’s office issued a memo last month directing prosecutors to consider a defendant’s racial identity among other factors in evaluating whether a defendant should be offered a plea deal.
“While racial identity and age are not appropriate grounds for departures [from the Minnesota Sentencing Guidelines], proposed resolutions should consider the person charged as a whole person, including their racial identity and age,” a memo from Moriarty’s office reportedly reads, KARE-11 reported. “While these factors should not be controlling, they should be part of the overall analysis.”
Amazing. While “racial identity and age are not appropriate grounds for departures” from guidelines, go ahead and do it anyway. Moriarty is saying to follow the sentencing guidelines until it comes to the “whole person” (the race) of the individual, then do what you want.
What’s the point of “sentencing guidelines” if prosecutors ignore them?
The DoJ has called the policy “discriminatory,” and Dhillon’s office will review practices that may involve the illegal consideration of race in prosecutorial decision-making.”
Moriarty stirred up a firestorm last month when she refused to charge a Minnesota government worker with felony vandalism after the fool was caught on video keying a Tesla.
The vandalism, which took place mostly in downtown Minneapolis, was reportedly captured on video showing the suspect — Dylan Bryan Adams, a 33-year-old data analyst for Minnesota’s Department of Human Services — keying vehicles while walking his dog. The damage from each of the six incidents were described in police reports as meeting the threshold for felony charges.
Instead of charging Mr. Adams, the Hennepin County Attorney’s Office (HCAO) office said it would seek pre-charge diversion, a move that has sparked controversy and frustration among law enforcement and the victims of the vandalism.
“Our main priorities are to secure restitution for the victims and hold Mr. Adams accountable,” Daniel Borgertpoepping, a HCAO spokesman, said in a statement. “As a result, we will file for pre-charge diversion to best facilitate both of those goals. This is an approach taken in many property crime cases and helps to ensure the individual keeps their job and can pay restitution, as well as reducing the likelihood of repeat offenses. Criminal prosecution remains a possibility should unlawful behavior continue.”
Minneapolis Police Chief Brian O’Hara was seething: “This case impacted at least six different victims and totaled over $20,000 in damages. Any frustration related to the charging decision of the Hennepin County Attorney should be directed solely at her office.”
“Our investigators are always frustrated when the cases they poured their hearts into are declined. In my experience, the victims in these cases often feel the same,” Chief O’Hara said.
Moriarty made headlines in 2023 when she refused to prosecute a 35-year-old man after he raped his 14-year-old cousin. She also wanted to charge two teens who brutally murdered 23-year-old Zaria McKeever as minors, but the Minnesota attorney general overruled her. The suspects were convicted and received long jail sentences.
Deliberately causing $20,000 in damages to property is a felony in any state. That Moriarty refused to charge Adams with a felony says more about her politics than it does the efficacy of the justice system.
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