KINGMAN – An ex con who pointed a pellet gun at a group of Black Lives Matters (BLM) protesters at a Kingman demonstration is being sent back to the Arizona Department of Corrections. Mohave County Superior Court Judge Rick Lambert rejected pleas for probation Monday and ordered a 3.5-year prison term for Robert Fernandes, 43.
Fernandes pleaded guilty to one aggravated assault charge while four other counts are dismissed in the plea agreement. Dozens of BLM demonstrators lined Locomotive Park June 2 when authorities said at least 5 were threatened when they saw a weapon trained in their direction from a passing vehicle.
“If there’s any victims in this courtroom, I apologize. I never intended to scare, harm or anything,” Fernandes said. “I should have gone home to my family but I was nosy. I had to drive by to see what was going on.”
Prosecutor Jefferson Pyper said the defendant’s comments prove he was motivated by intent to intimidate.
“What other reason would he drive by and point a simulated weapon at a group of peaceful protesters other to intimidate them,” Pyper said. “His actions speak louder than his words.”
No shots were fired. No one was injured. And the weapon that was pointed was an air rifle, though a police officer said it resembled an AR-15.
“If he was a really bad guy he would have had a real gun,” said legal Defender Ron Gileo. “He’s not somebody we need to lock up and be afraid of.”
Supporters told the Court how helpful Fernandes is and how much his family and community needs him. His wife, however, may not have helped his cause when she indicated that Fernandes had some concern about the protest.
“He wanted to protect his family and to protect his town and make sure things didn’t go crazy,’’ Mrs. Fernandes said. “He would never, ever hurt anybody.”
Lambert told the defendant he made a big mistake when he chose to drive by the event, placing participants in fear of imminent physical injury.
“You definitely leveled a gun at those people and that is a powder keg waiting to happen in light of what’s been happening in our country,” Lambert said. “What would have happened if one of those people did have a gun and they saw you point a weapon at them? You could have started a shootout there and other people could have gotten shot or killed.”
Pyper took it further, stating Fernandes essentially engaged in behavior threatening the Constitutions’ freedom of speech provision.
“The defendant’s actions are an alarming form of censorship. Non-violent demonstrator assembling to express their ideas and the defendant pulls up with a simulated weapon, pointing it at them to intimidate them,” Pyper said.
“Free speech is something that is unbelievably at risk in our day and age right now,” agreed Judge Lambert.
Dave Hawkins
