Charlottesville, VA (CVILLE RIGHT NOW) – WINA’s chief legal analyst Tim Heaphy, former U.S. Attorney for the Western District of Virginia, provided insight into the final conviction stemming from the August 11, 2017, torch march at the University of Virginia. Heaphy, who authored the official report on the events of that weekend, explained the legal line between protected speech and criminal conduct. “It’s not a crime… to march through a public place with a torch chanting hateful slogans, that’s protected speech,” Heaphy said. “What’s criminal is when speech becomes conduct, when you use that fire to menace or intimidate.” He noted that while some cases were successfully prosecuted, others were dismissed due to insufficient evidence of individual action. 

Heaphy also discussed the nomination process for a new U.S. Attorney in the Western District and the potential implications of political loyalty. Reflecting on his time in office, he shared, “When I was appointed U.S. Attorney, we met with President Obama… he said explicitly to me, you are not my lawyers. You are here to do what’s best for the people of your districts.” Heaphy expressed concern that recent trends may shift the role of U.S. Attorneys from independent actors to enforcers of political agendas, potentially threatening the integrity of the justice system. 

Addressing a recent deadly shooting involving youth in Spotsylvania County, Heaphy pointed to broader issues contributing to youth violence. “It is mental health and substance abuse. It is young people who feel disaffected. It’s ready access to firearms. It’s culture which sort of glorifies gun violence, it’s a lot of factors,” he said. He emphasized the need for both prevention and strong legal response, calling for attention to the social conditions that lead young people to violence. 

Listen to the full conversation here: