Student not charged in noose incident
Isabella County Prosecutor Larry Burdick decided not to issue any charges of ethnic intimidation related to the hanging of four nooses in a Central Michigan University classroom last November.
A 28-year-old male engineering student was thoroughly questioned and a formal investigation was conducted to determine whether the act was racially motivated, according to the press release.
Burdick made the decision after receiving results from a forensic examination detailing the contents of the computer owned by the student.
"I am confident of the work performed by the CMU police in conjunction with the FBI. The facts determined due to the joint investigation does not support a charge of ethnic intimidation, and the intent needed for that crime cannot be proven," Burdick said in a press release.
The charge of ethnic intimidation is detailed in section 750.147b of the Michigan Penal Code. To be guilty, a person must have specific malicious intent.
The Central Michigan University police were called to the Industrial Educational Technology Building on Nov. 12, when the nooses were found. They were formed with flexible compressed gas lines hooked to the countertop under where the nooses were hung.
After the incident, an anonymous post on Central Michigan Life's Web site detailed the incident, with mention that the intent symbolized the student would rather be hanged than work on his class project.
"The student's e-mail to the campus newspaper was, in my opinion, both insensitive and demonstrative of a complete lack of knowledge and understanding about the historical significance of the hanging of nooses," Burdick said. "His explanation, however, as to the reason he constructed and hung four nooses last November was corroborated by two of his classmates, which I found to be very credible, and forthright concerning the incident."
The Michigan State Police Computer Crimes unit examined the computer the student had used the night of Nov. 12 in the IET building and found he had not visited any racially associated Web sites.
His personal computer also was forensically examined by the FBI, which reviewed 100,000 Web images and personal documents.
Burdick said young people use their computers as an extension of themselves, and that computers are a window into their state of mind.
"Because intent lies at the heart of the charge that was under consideration, both we and the FBI felt it important to fully and carefully examine the individual's personal computer to see if there was anything to suggest his actions were racially motivated," Burdick said.
He said the investigation was lengthy because it was important to uncover the personal conduct of the student.
"What happened on campus should not just serve as a badly needed educational experience for one college student, but enlighten all of us as to the detrimental effect of this symbol," Burdick said.
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