University of Virginia Library

Albemarle Court Convicts Colbert

By JOHN EPPS

Second-year man Ronald D. Colbert
was convicted in Albemarle County Court
Wednesday of curse and abuse of a
security officer and was fined $15.

Mr. Colbert was arrested March 28 by
former security officer Walter Chaffin for
an incident which occurred last year.

The charge against Mr. Colbert was
dropped last year on a technicality, but
Mr. Chaffin reopened the case in March
on the advice of Albemarle
Commonwealth's Attorney Charles
Haugh.

According to Mr. Chaffin's trial
testimony, Mr. Colbert was arrested for
saying, 'What the **** is a pig doing
here?'

Mr. Marsh, for the defense, argued the
case completely on constitutional
grounds, calling no witnesses and offering
no evidence.

County Court Judge Stuart F. Head
heard the case and handed down the
conviction.

According to Mr. Colbert's lawyer,
Harold M. Marsh of Richmond, the case
will be appealed to the Albemarle Circuit
Court and the date of the trial will be set
on June 1.

Mr. Marsh said that there is no dispute
over the evidence in the case, only over
whether Mr. Colbert committed a crime.

Mr. Marsh said he advised Mr. Colbert
to appeal the case because he feels Mr.
Colbert's rights have been violated. Mr.
Marsh said that the First Amendment of
the Constitution, guaranteeing freedom
of speech, has been violated.

Mr. Marsh said that a Georgia statute
almost identical to the one under which
Mr. Colbert was convicted has just
recently been declared unconstitutional
by the Supreme Court.

"We feel the Constitution protects
Ron," Mr. Marsh said, "but we are not
terribly disappointed because the county
court is the lowest in the state. The
county court would rather the Circuit
Court or the Supreme Court overrule a
state statute."

"I feel pretty strongly about it," Mr.
Marsh continued, "It is a violation of
Ron's rights. I don't think he committed
any crime."

Mr. Colbert declined comment except
to say he is innocent.

Asst. Commonwealth's Attorney
Stephen H. Helvin, the prosecutor in the
case, also declined comment saying, "the
case is out of his hands now."

The arrest of Mr. Colbert, a black
student, touched off a controversy
between the Black Student Alliance and
the University Security Department. The
BSA charged that Mr. Chaffin had
harassed blacks on the Grounds and
called for his dismissal from the force.

A special University investigation was
held and Mr. Chaffin was transferred to
the Placement Office.

It is not sure when Mr. Colbert's case
will be heard in the Circuit Court. Mr.
Marsh said that it the Circuit Court
upholds Mr. Colbert's conviction, they
will appeal the case to the Virginia
Supreme Court and if necessary to the
United States Supreme Court. "I hope
that will not be necessary," he said.