A defender of South Burlington High School’s “Rebels” nickname pleaded not guilty Thursday to stalking a student who helped lead the push to drop the name.
Dan Emmons denied stalking Isaiah Hines, 18, who is a senior at the school. Hines was at the forefront of the effort to drop the name from sports uniforms and scoreboards on the grounds that it harkens back to the racist history of the Confederacy.
Hines is a student representative to the school board and leader of the Student Diversity Union. Emmons, 43, is a South Burlington parent who opposed the school board vote in February to drop the name. He supports a public vote on the question, which has roiled the community.
According to a three-page police affidavit presented in Vermont Superior Court in Burlington, Emmons confronted Hines at the Goodwill Store & Donation Center in South Burlington, put his hand on his shoulder and told him, “You need to be careful.” He also said, “You guys have made a lot of people mad,” and “You’re shitting in the wrong yard,” the affidavit states.
The encounter took place March 25, states the affidavit, by South Burlington police Cpl. Kevin Grealis.
Later that same day, according to the officer’s affidavit, Emmons sent Hines a private Facebook message that read: “It was nice to see you and your friends today. My advice to you, our interaction stays quiet. Here’s why … The following pictures of your friend will go to Principal Phillips and her parents.”
Patrick Phillips is the interim principal at South Burlington High School.
One of the pictures was of a 17-year-old South Burlington female student “with what appeared to be drugs,” and another picture showed Hines and a group of students “giving the middle finger,” according to the affidavit. The pictures had been posted on social media, it states.
Hines told police he felt uncomfortable after another incident with Emmons that took place following a school board meeting in February. Emmons asked Hines if he could walk him to his car. Hines said yes. “He lectured me on how I had made a mistake in asking the board to change the Rebel name … He came off as very unhinged,” Hines is quoted as saying in the affidavit.
Hines went to South Burlington High School guidance counselor Timothy Wile after the incident at the Goodwill store to express his concerns, according to the affidavit. Wile contacted Grealis, the school resource officer, who then met with him and Hines.
Hines and Wiles did not did not immediately respond to a request for comment Thursday.
During the arraignment, Emmons’ attorney, Bill Norful, argued that his client should not be charged because there was no probable cause to support a stalking allegation.
“This is free speech. This is not stalking. This is no one in peril,” Norful said. “This is pure politics.”
As for the photos Emmons threatened to show the principal, they were on social media and should not have been posted if the individuals did not want them to be further propagated, Norful said in court.
Deputy State’s Attorney Susan Hardin disagreed and said Emmons’ conduct was threatening. The case is not about free speech or political speech, she added.
Judge David Fenster said that the encounter after the school board meeting did not meet the probable cause standard. But he said that the alleged incident at the Goodwill Store and the message Emmons sent to Hines on Facebook constitute probable cause for stalking, and noted that causing “emotional distress” is one of the legal thresholds for stalking.
He ordered that Emmons be free on his own recognizance and appear in court on the misdemeanor charge May 17.
Emmons was originally cited to appear on charges of stalking and a second infraction, disturbing the peace by use of electronic communication. That part of the citation was dropped before the hearing.
After the arraignment, Emmons clutched a blue-bound copy of the U.S. Constitution. He said he saw Hines at the Goodwill store by coincidence and did not put his hand on the teen’s shoulder.
“I never touched him,” said Emmons.
He disagreed with other aspects of the affidavit and said he was being targeted for political reasons.
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And now today, 4/19/17 SBSH is in lockdown because someone is threatening to “shoot up the school.” Is this really what we have come to here in SB?
Rebel Alliance… leave them kids alone!
Whoops, and forgot, as someone pointed out to me, in order to maintain consistency, School Board should also now ban all Joan Jett and Bikini Kill punk music because of Rebel Girl; in addition to James Dean (Rebel Without Cause); Billy Idol (Rebel Yell); and George Lucas/Star Wars (Rebel Alliance).
All of that said, assuming truth of all allegations, the behavior seems over the top, similar to the overreactions of the high school students, except this guy’s a grown-up and should know better. The School Board’s choice to indulge the high school students in their seeming overreactions is still not an excuse for this behavior. Whether it’s legal or not, it’s just unseemly.
Not really sure about the specifics of this case but as to the bigger issue, I hope the School Board is at least going to be consistent and ban all James Dean movies because of Rebel Without A Cause; ban all Billy Idol songs because of Rebel Yell; and ban all Star Wars movies and related literature because of the Rebel Alliance.
Are we really surprised with the judge-I mean this is Vermont! Keep up the good fight Dan-so unfortunate that you have to be dragged through the mud
Many people misunderstand “racism.” To be a racist, according to popular thought, is to be a violent monster. While there certainly are violent racists who hate people of color, there are also very nice people, with no animosity toward blacks, who unconsciously buttress a cruel system. Time and our justice system will tell into which category Mr. Emmons falls.
The students and teachers who chose the confederate symbols for SBHS in 1965 and those who defend it today may not be personally prejudiced against people of color, but they had, and still have, the power to choose symbols that damage peoples psyches, both black and white. The name is part of the institution at South Burlington High School and is difficult to extract. This is institutional racism. At this moment, there are very nice people trying to keep the last remnant of institutionally racist symbols.
When they chose Confederate symbols and the rebel name in 1965, those at the high school unthinkingly chose symbols that represented the nation’s enemies, who started a war that killed hundreds of thousands, including many Vermonters, to keep people enslaved. We do a disservice to their memory and sacrifices by romanticizing the enemies of the nation. The rebels enslaved people and, later, foisted a new reign of terror on blacks who dared to fight for a better life. While the South Burlington students were choosing the Confederate flag as their symbol, people of color who dared to register to vote were being tortured, lynched, and burned in the South under that same hateful banner. To choose such symbols was racism, pure and simple. Intent is not needed for racism to occur. This is institutional racism. It is obviously hard to extract, but extract it we must.
“Emotional distress” is the only grounds the judge used. That is EVERY political debate in this country. The young adult lives in a small town desling with a small town political issue.
That is not a proper bar for due process. Wherever you stand on the issue there is the law and it has to be protected. I have said it many time the federal government needs to step in and be turned loose on these state officals. ACLU should be rushing to Dan’s defense. At no time did the adult Isaiah say stop leave me alone. That is a pretty big condition in stalking cases. Meanwhile this ties up police and court resources from legitimate cases.
Pussification of America at it’s best right here! Keep the name it’s been our history for as long as we can remmeber. Why does it have to change now?