Noose Display At Evanston Middle School Not Hate Crime, Prosecutors Say

EVANSTON, IL — A Haven Middle School student was responsible for placing a trio of nooses on school grounds last month, but prosecutors determined it did not qualify as a hate crime under state law, police said.

Instead, the student faces a possible charge of disorderly conduct in juvenile court, although the Cook County State's Attorney's Office will determine how the case will be adjudicated, according to a statement from the Evanston Police Department.

Police and Evanston/Skokie School District 65 administrators were notified of the nooses hanging from trees between the Kingsley Elementary School and Haven on the afternoon of May 13 after a group of middle school students staged a brief walkout amid a protest of staffing changes, said Superintendent Devon Horton.

"We have our students who are attempting to protest for their beloved teachers, and we respect that, but it gets out of line, the protests becomes a little bit, quite a bit, out of control. We have nooses found outside," Horton said at a school board meeting after the incident. "I think all of that has to I hope everyone takes a minute to look in the mirror and reflect: What does this really mean for us as a school district, when we have students protesting to the level where there's some nooses found outside?"

Officers called to the school for a report of a disturbance that day were directed by a witness to the recess area of Haven Middle School, where there were three ropes that were "fashioned into nooses" and placed in the tree, according to the police statement. The officers removed the rope, and detectives opened up an investigation in cooperation with district officials.

Police said investigators spoke with witnesses and reviewed videos from cell phones and surveillance cameras.

"There are a lot of things that we cannot share," Horton said last month. "There are cameras every-single-where, there are people that [are] talking and sharing things with us. We can't make a statement to say who we've seen, who's done what, but just know that we're not sitting back and allowing us to rest and not be addressed."

After detectives identified the middle school student who was responsible for the nooses, Evanston police presented the case to the Cook County State's Attorney's Office. According to the police statement, prosecutors who reviewed the investigation determined the child involved would not be referred to juvenile court for a hate crime "because the actions and motive of the involved juvenile did not meet the legal, statutory elements of a hate crime."

Under Illinois criminal law, hate crime is a class 3 or class 2 felony that upgrades an underlying misdemeanor or lower-level felony charge, such as disorderly conduct, if it is committed "by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors."

Evanston police said no further details were available about the case or the student's motive.

"The Evanston Police Department takes this incident and all such incidents extremely seriously, and appreciates the cooperation of the school district in this investigation," its statement said. "The Department encourages all students, parents and staff to report any suspicious activity as it occurs to police and/or school officials."

A spokesperson for the Cook County State's Attorney's Office did not immediately respond to an inquiry about how the case will be adjudicated or which division of the office made the charging decision.

"Now that the EPD investigation has concluded, the District will move forward with its own internal investigation to determine the appropriate level of interventions, both disciplinary and restorative," Horton said in a message following the police announcement. "This matter was very troubling and we must take the steps necessary to help ensure that this type of hurtful act does not happen again. "

In a message to the community the day the nooses were found, the superintendent said the incident fit a pattern of racist practices in the district.

"This is a hate crime and a deliberate and specific incidence of an outwardly racist act. It resounds with a tone of hate and hurt that will impact members of our entire community, namely Black and African American students, staff, and families who have experienced generations of harm," Horton said in a message to the community that day. "What began as a peaceful protest by students is now tainted with hate and is part of a string of racist actions that continue to be directed at district and school administrators."

Earlier: Nooses Found At Haven Middle School In Evanston After Student Protest

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Speaking at a school board following the discovery of the nooses, Horton said he felt his own safety had been threatened because of District 65's efforts to excavate policies and practices that did not benefit the district's most marginalized students.

"It's no secret, I sit here with armed security 24-hours-a-day because of our efforts to fight. That's not healthy for anyone," Horton said.

Records show that the district hired Phoenix Security in July 2021 to provide "executive protection" at a rate of $65 an hour, amounting to about $47,000 a month as of May 2022. The increased security came shortly after the board issued a joint statement responding to the federal civil rights lawsuit filed by Stacy Deemar, a part-time District 65 drama teacher and Wilmette resident who alleges she suffered discrimination because she is white. According to the statement, Horton "received two voice messages containing racial slurs and threats of bodily harm and his car window was broken while parked in a District lot by what appeared to be an intentional act of vandalism."

Speaking at the board meeting following last month's noose discovery, District 65 board member Biz Lindsay-Ryan presented a graphic linking the hiring of Black leaders in the district with racist backlash.

"I'm hoping that since our children have chosen to use nooses — a symbol of white terrorism, white supremacy and murder — in their advocacy, that at least some of you will finally listen and reflect on the ways you are participating in this pattern. Please know there is harm and threat in every stage of this, not just the nooses. Know that while your school may not have reached the point of a hate crime, many of you are well on your way," Lindsay-Ryan said.

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Lindsay-Ryan said her message was directed to white district residents who publicly profess to value diversity and inclusion but nonetheless undermine Black leaders in the school district.

"Please reflect on us and be honest with yourselves, ways you're showing up, you've engaged in these behaviors and the way your silence has allowed these behaviors to thrive. Our children are clearly taking their cues from the adults around them," she said. "We can't address the horrors of hate crimes without acknowledging the erosion of civility, consideration and care for our Black leaders, and the constant threat that led to this hate crime and will lead to others."