Ethnic intimidation charges filed after MLK monument in Hendersonville defaced

HENDERSONVILLE, N.C. (WLOS) — A rarely-used ethnic intimidation charge has been levied against the man suspected of defacing a Hendersonville monument that pays tribute to Martin Luther King Jr.

According to authorities, witnesses saw a man scrawling on the image of the civil rights leader last Wednesday and called police. Chief Blair Myhand said suspect Heath Justus, 31, was arrested at Dr. Martin Luther King Jr. Memorial Park.

The words "White Power" were written on the landmark, along with what investigators said appear to be pentagrams.

"He had used a Sharpie to draw a bunch of anti-Semitic depictions on the front of the monument," Myhand said.

"If I were an African-American and walked by that and saw that, that would be very disturbing to me and very hurtful to me. They were very disturbing images for anybody to see them," Myhand said.

"When I saw the photo, I was alarmed," said Melinda Lowrance, president of the Henderson County branch of the NAACP. "Just shocked that someone would take the time to deface this monument. What purpose did it have?"

"The fact that we were able to catch somebody and bring them to justice, we hope sends a strong message because we sought additional charges on this case," Myhand said.

Justus faces misdemeanor charges, including damage to real property and ethnic intimidation.

State law defines ethnic intimidation as cases when "a person shall, because of race, color, religion, nationality, or country of origin, assault another person, or damage or deface the property of another person, or threaten to do any such act ..."

According to the city of Hendersonville, the arresting officer and a magistrate determined the charges.

Myhand said Justus may struggle with mental health issues.

"He knew what he was doing, obviously, but I think that there are some other issues at play that may have made his judgement less than ideal," Myhand said.

The maximum sentence for the charge is 120 days, and Lowrance hopes Justus gets the maximum.

She said the case drives home that no community is immune to such acts.

"'This is not going to happen in Hendersonville,' but it does," she said. "And thank God for that concerned citizen who drove by and saw this, because it could have created a different reaction from the community."

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