A man based in Portland, Oregon, was accused of spitting on an immigrant and telling him to “go back to your country,” but his sentencing was more unique than his crime. Harold Denson III plead no contest to one count of unlawful use of a weapon and one count of second-degree bias crime on Friday, Nov. 22, as reported by the Sacramento Bee. In a plea deal, Multnomah County Circuit Judge Christopher Ramras told Denson to write a 500-word essay about the hardships immigrants face as part of his sentence. If he completes the essay to the satisfaction of the court, the judge will drop the bias crime charge. The victim also supports this action. Denson faces 90 days of jail time over the weapon charge.
“I appreciate the opportunity to write a report … rather than stacking up a charge on my record,” Denson said, as reported by The Oregonian.
How did we get here? The incident occurred on Aug. 25. Denson, who was homeless at the time, allegedly spilled aluminum cans he had been collecting at a local car dealership. The manager of the VW dealership, Artem Kutuzov, who is an immigrant from Ukraine, reportedly walked up to him and handed him a trash bag, asking Denson to pick up the cans. Denson allegedly told Kutuzov to “go back to your country” and spit in his face. As reported by Willamette Week, Denson told Kutuzov the dealership was on “American soil” before threatening the man with a boxcutter. No one was injured.
Denson’s defense attorney, Autumn Shreve, said her client became upset because he thought Kutuzov’s approach was condescending. Shreve also argued that Denson thought some of the cans spilled onto the sidewalk, not the dealership, with the angle being that the sidewalk would be public property.
“This is a unique resolution to a very serious incident,” Multnomah County Deputy District Attorney Nicole Hermann said in a news release. “Mr. Denson needs to understand the impact his actions had on the victim and our immigrant communities. This is an opportunity for him to reconcile his behavior through compassion, learning and understanding.”
If Denson doesn’t write the essay (or the court doesn’t find it satisfactory), he does risk more jail time.
This situation doesn’t quite fit the lens of restorative justice, as it does still center the incarceration system. The essay in exchange for having a serious charge dismissed, however, points in a direction that favors education, and opportunity to grow, over punishment. Notably, Ramras sentenced Denson to three years of probation in a unit that specializes in supervising people with mental health issues.
Relatedly, more cities are looking into mental health responder units instead of law enforcement when it comes to handling certain 911 calls. To be clear: These programs wouldn’t have necessarily made an impact in this particular incident, because, among other things, Denson had a weapon. But in the big picture, mental health responders in place of police could help marginalized communities, especially when it comes to de-escalation. For example, Oakland, California, is considering a program where instead of sending police to noncriminal emergencies, they’d send mental health experts. Denver, Colorado, is considering a similar pilot. This program already exists in Eugene, Oregon, and mostly deals with calls related to suicide and overdoses.
Denson has until late March to complete his essay.
Here’s a clip, courtesy of The Oregonian, that shows the judge explaining why he wants the defendant to write this essay.