BRIAN MOUDRY SENTENCED TO TEN YEARS

June 5, 2013 in Creativity Movement by southsidechicago

At around 2:15 PM, Brian Moudry walked into court at the Dirksen Federal Building for his sentencing. The back of his head read “Blued eyed Devil”. Not a single supporter was present aside from his mother. Moudry has been locked up for a year awaiting sentencing. During this time, he has gotten into two altercations: On April 12, 2013, Moudry assaulted another inmate using a combination lock in a sock as a weapon. The staff person, who submitted the report, stated that Moudry was observed striking the victim in the head several times with a lock in a sock. The victim attempted to distance himself from inmate Moudry who continued to pursue the victim and then began to throw food trays toward him and other inmates. According to the incident report, “at no time did the victim attempt to fight back. During the assault, Moudry shouted, “Yeah, I’m a white motherfucker from Chicago, motherfuckers! Fuck all of yall!” On March 8, 2013, Moudry was in a physical altercation with another inmate. According to a memorandum pertaining to the altercation, staff responded to an alarm triggered due to two inmates fighting. The other inmate involved in the altercation stated that Moudry approached him and said, “who do you think you are the police, you don’t give me any orders about making my bed.” The inmate further reported that when he turned his back, Moudry “proceeded to pick up a broom and tried to hit him with it.” According to the report, the other inmate turned around to defend himself, Moudry dropped the broom, and they began to exchange punches until ordered to stop fighting. According to the memorandum, Moudry reportedly stated that “I got into a fight and that’s all I’m saying.” Judge Robert Gettlemen told Moudry that he is “Lucky the fire went out” and said otherwise it would have weighed on his conscience. When asked if Moudry had anything to say, Moudry replied “No”. From there he was sentenced to the statutory maximum of 120 months (with the ability to be reduced by 15%) and owes  restitution in the amount of $1708.32. The Judge acknowledged the defenses request for substance abuse and metal health treatment (Due to a long history of metal health issues such as schizophrenia) and recommended a facility closest to Chicago that could meet that recommendation, while also maintaining the appropriate security level.


The Incident:

Lock and sock

On June 17th 2007 Brian Moudry, Marcin Golebiowski (3847 N Pontiac Ave Chicago, IL), and Daniel E Marlin were drinking in Brian Moudrys garage at 304 s Reed st in Joliet, IL.  At around 5am, Police were called to the scene of a crime a few houses south of Moudrys at 318 s Reed st by an eye witness claiming to have seen a man with an orange shirt and blue jeans walking northbound with a tank of gasoline after splashing gasoline on the north side of the residence. The residence was being rented by a black family and had inside eight children–ranging from four to fourteen years of age. The officers, familiar with Moudry and his white supremacist views, went to Moudrys house shortly after and seen the garage door open with candles on. Inside was Golebiowski and Marlin. Moudry was not inside at this time. Oddly enough, Golebiowski matched the description and was pointed out by the wtiness. Golebiowski was placed in custody and Daniel Marlin was brought down to the Joliet police dept for investigation. Both Marlin and Golebiowski told investigators that Moudry used the word “nigger” several times in reference to the new neighbors at 318 Reed st.

Moudry w/ Tom Metzger and James Logsdon

Ultimately, on March 10th, 2008, the Will County States Attorney’s Office somehow dismissed the charges against Golebiowski. Moudry was then charged in a three-count indictment. On January 18, 2013, Moudry pled guilty to Count Two of the Indictment which charged him with the use of fire in the interference of another occupying a dwelling because of the occupant’s race, in violation of Title 42, United States Code, Section 3631(a). Moudry was a member of the Creativity Movement (TCM), formerly known as the World Church of the Creator (WCOTC), and got his first white pride tattoo at the age of 14. According to reports, around 4am Moudry went and tried to set the house on fire from the south side of the residence. After Moudry returned to his garage he bragged “I did it, I did it, I set that fucking house on fire.” Moudry then realized that the fire he set had extinguished. He returned to the residence, poured more gasoline on a north-facing exterior wall of the residence and ignited a second fire. While there, a 14-year-old girl who lived in the home observed the fire and went outside the residence to investigate. The girl saw tsomeone holding a red can near the corner of the house. After igniting the second fire, he returned home briefly. At gunpoint, a witness drove Moudry from the residence to another area of Joliet.  Moudry then took numerous actions to destroy evidence from the arson, including disposing of the gas can, his clothing and cleaning the vehicle in which he and the witness rode in. Moudry then attempted to provide an alibi for himself by purchasing food with a credit card at a Dunkin Donuts.

Our Conclusion:

Regardless of our opinion towards the fascists, South Side ARA won’t be applauding this sentence. Groups like the SPLC  may wish for prison time, but unlike them we don’t see prison as the answer. Nor do we see all prisoners as scum. We wish not to have other inmates subjected to Moudry antics. We don’t wish for our friends, family, and comrades who are incarcerated, to be hit in the head with locks by white supremacist. We would rather see Moudry on the streets receiving “justice” at the hands of anti-fascists. It is true that we did not prevent this arson attempt but neither did the state. Instead, the state has allowed Moudry the ability to organize with white supremacy gangs behind the wall. On the streets of Chicago, at this point in time he wouldn’t be so capable.

Moudrys motion to suppress:
https://docs.google.com/file/d/0B93C_eFy0nOpSkhuZHVoZko3QkU/edit?usp=sharing

Moudrys sentencing memorandum:
https://docs.google.com/file/d/0B93C_eFy0nOpSjNRaGlpemVyZG8/edit?usp=sharing

Governments position paper on sentencing:

https://docs.google.com/file/d/0B93C_eFy0nOpdmdYRmxQRXRVVTA/edit?usp=sharing

Exhibit A:
https://docs.google.com/file/d/0B93C_eFy0nOpWERGSXNoSEVIN28/edit?usp=sharing

Exhinit B:
https://docs.google.com/file/d/0B93C_eFy0nOpTVNPdlhYY0pWOUU/edit?usp=sharing

Exhibit C:
https://docs.google.com/file/d/0B93C_eFy0nOpWlRYODRmQXdOU1U/edit?usp=sharing