Wilmington Ten
Encyclopedia
The Wilmington Ten were a group of civil rights
activists who spent nearly a decade
in jail after being convicted of arson
and conspiracy
in 1971. The case became an international cause celebre
amidst widespread beliefs that the individuals in the case were only guilty of holding dissenting political beliefs. Amnesty International
took up the case in 1976. The convictions were finally overturned in 1980 because the prosecutor and the trial judge both violated the defendants' constitutional rights. Chavis v. State of North Carolina, 637 F.2d 213 (4th Cir., 1980).
were unhappy with the lack of progress in implementing reforms from federal legislation and court decisions during the American Civil Rights Movement. Additionally the 1968 assassination
of Martin Luther King, Jr.
increased racial tensions and led to an increase in outbreaks of violence, including the arson of several white-owned businesses.
In February 1971, Reverend Benjamin Chavis, Jr.
of Oxford, North Carolina
was sent to Wilmington by the United Church of Christ
to lead African American
students in a boycott
of the city's schools. Racial tension had increased after the 1969 integration
of Wilmington high schools and a number of clashes between white and African-American students had resulted in a number of arrests and expulsions. In response to a number of arsons in Wilmington, members of the Ku Klux Klan
and other white supremacist groups began patrolling the streets.
On February 6, 1971, Mike's Grocery, a white-owned business, was firebombed. When firefighters arrived to put out the flames, they were fired upon by snipers positioned on the roof of Gregory Congregational Church. A number of people, including Chavis and several students, were barricaded inside the building. The area erupted into rioting for the next day. On February 8 the National Guard entered the church and found it empty. The violence resulted in two deaths, six injuries, and over $500,000 in property damage. Chavis and nine others, eight African American
men and one white
woman, were arrested and tried and convicted for arson and conspiracy in connection with the firebombing of Mike's Grocery. They were sentenced to nearly 28 years in prison.
and in the United States
. Two witnesses recanted. One testified that he was given a minibike
in exchange for his testimony against the group. Another witness, Allen Hall, had a history of mental illness
and had to be forcibly removed from the courthouse after recanting on the stand upon cross examination. But despite these incidents, the group was convicted.
The resulting sentences for the men ranged from 29 years to 34 years for arson. Ann Shepard of Auburn, New York
age 35, received 15 years as an accessory before the fact and conspiracy to assault emergency personnel. The youngest of the group, Earl Vereen, was 18 years old at the time of his sentencing. Reverend Chavis was the oldest of the men at age 24. The sentences totaled 282 years. The convictions were eventually overturned by the federal appeals court in 1980. The defendants were exonerated by the 4th Circuit Court of Appeals for two reasons: (1) because the prosecutor failed to disclose exculpatory evidence, in violation of the defendants' due process rights [the Brady rule]; and (2) because the trial judge erred by limiting the cross-examination of key prosecution witnesses about special treatment the witnesses received in connection with their testimony, in violation of the defendants' 6th Amendment right to confront the witnesses against them. Chavis v. State of North Carolina, 637 F.2d 213 (4th Cir. 1980).
, Sepia and The New York Times Magazine
, published articles on the trial and its aftermath. When then President
Jimmy Carter
admonished the Soviet Union
for holding political prisoner
s, the Soviets responded by citing the incarceration of the Wilmington Ten as an example of American political imprisonment. In 1977, 60 Minutes
aired a special about the case, insinuating that the evidence against the Wilmington Ten was fabricated.
(AI) took on the Wilmington Ten case in 1976. The men still in prison at the time were part of a group of 11 African American men incarcerated in the U.S. that AI considered to be political prisoners, under the definition in the 1948 Universal Declaration of Human Rights
.
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
activists who spent nearly a decade
Decade
A decade is a period of 10 years. The word is derived from the Ancient Greek dekas which means ten. This etymology is sometime confused with the Latin decas and dies , which is not correct....
in jail after being convicted of arson
Arson
Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
and conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
in 1971. The case became an international cause celebre
Cause célèbre
A is an issue or incident arousing widespread controversy, outside campaigning and heated public debate. The term is particularly used in connection with celebrated legal cases. It is a French phrase in common English use...
amidst widespread beliefs that the individuals in the case were only guilty of holding dissenting political beliefs. Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
took up the case in 1976. The convictions were finally overturned in 1980 because the prosecutor and the trial judge both violated the defendants' constitutional rights. Chavis v. State of North Carolina, 637 F.2d 213 (4th Cir., 1980).
Firebombing of Mike's Grocery
In the 1960s and 1970s, African-American residents of Wilmington, North CarolinaWilmington, North Carolina
Wilmington is a port city in and is the county seat of New Hanover County, North Carolina, United States. The population is 106,476 according to the 2010 Census, making it the eighth most populous city in the state of North Carolina...
were unhappy with the lack of progress in implementing reforms from federal legislation and court decisions during the American Civil Rights Movement. Additionally the 1968 assassination
Assassination
To carry out an assassination is "to murder by a sudden and/or secret attack, often for political reasons." Alternatively, assassination may be defined as "the act of deliberately killing someone, especially a public figure, usually for hire or for political reasons."An assassination may be...
of Martin Luther King, Jr.
Martin Luther King, Jr.
Martin Luther King, Jr. was an American clergyman, activist, and prominent leader in the African-American Civil Rights Movement. He is best known for being an iconic figure in the advancement of civil rights in the United States and around the world, using nonviolent methods following the...
increased racial tensions and led to an increase in outbreaks of violence, including the arson of several white-owned businesses.
In February 1971, Reverend Benjamin Chavis, Jr.
Benjamin Chavis Muhammad
Benjamin Chavis is an African American civil rights leader. Dr. Chavis was born Benjamin Franklin Chavis, Jr. on January 22, 1948 in Oxford, North Carolina. In his youth, Dr. Chavis was an assistant to Dr. Martin Luther King, Jr. who inspired him to work in the civil rights movement. Dr...
of Oxford, North Carolina
Oxford, North Carolina
Oxford is a city in Granville County, North Carolina, United States. The population was 8,461 at the 2010 census It is the county seat of Granville County.-History:...
was sent to Wilmington by the United Church of Christ
United Church of Christ
The United Church of Christ is a mainline Protestant Christian denomination primarily in the Reformed tradition but also historically influenced by Lutheranism. The Evangelical and Reformed Church and the Congregational Christian Churches united in 1957 to form the UCC...
to lead African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
students in a boycott
Boycott
A boycott is an act of voluntarily abstaining from using, buying, or dealing with a person, organization, or country as an expression of protest, usually for political reasons...
of the city's schools. Racial tension had increased after the 1969 integration
Desegregation
Desegregation is the process of ending the separation of two groups usually referring to races. This is most commonly used in reference to the United States. Desegregation was long a focus of the American Civil Rights Movement, both before and after the United States Supreme Court's decision in...
of Wilmington high schools and a number of clashes between white and African-American students had resulted in a number of arrests and expulsions. In response to a number of arsons in Wilmington, members of the Ku Klux Klan
Ku Klux Klan
Ku Klux Klan, often abbreviated KKK and informally known as the Klan, is the name of three distinct past and present far-right organizations in the United States, which have advocated extremist reactionary currents such as white supremacy, white nationalism, and anti-immigration, historically...
and other white supremacist groups began patrolling the streets.
On February 6, 1971, Mike's Grocery, a white-owned business, was firebombed. When firefighters arrived to put out the flames, they were fired upon by snipers positioned on the roof of Gregory Congregational Church. A number of people, including Chavis and several students, were barricaded inside the building. The area erupted into rioting for the next day. On February 8 the National Guard entered the church and found it empty. The violence resulted in two deaths, six injuries, and over $500,000 in property damage. Chavis and nine others, eight African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
men and one white
White American
White Americans are people of the United States who are considered or consider themselves White. The United States Census Bureau defines White people as those "having origins in any of the original peoples of Europe, the Middle East, or North Africa...
woman, were arrested and tried and convicted for arson and conspiracy in connection with the firebombing of Mike's Grocery. They were sentenced to nearly 28 years in prison.
Trial and sentencing
The state's case against the Wilmington Ten was seen as controversial both in the state of North CarolinaNorth Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
and in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Two witnesses recanted. One testified that he was given a minibike
Minibike
A minibike, sometimes called a mini moto or pocketbike, is a miniature motorcycle. Most minibikes use two-stroke engines and chain drive.- History :...
in exchange for his testimony against the group. Another witness, Allen Hall, had a history of mental illness
Mental illness
A mental disorder or mental illness is a psychological or behavioral pattern generally associated with subjective distress or disability that occurs in an individual, and which is not a part of normal development or culture. Such a disorder may consist of a combination of affective, behavioural,...
and had to be forcibly removed from the courthouse after recanting on the stand upon cross examination. But despite these incidents, the group was convicted.
The resulting sentences for the men ranged from 29 years to 34 years for arson. Ann Shepard of Auburn, New York
Auburn, New York
Auburn is a city in Cayuga County, New York, United States of America. As of the 2010 census, the city had a population of 27,687...
age 35, received 15 years as an accessory before the fact and conspiracy to assault emergency personnel. The youngest of the group, Earl Vereen, was 18 years old at the time of his sentencing. Reverend Chavis was the oldest of the men at age 24. The sentences totaled 282 years. The convictions were eventually overturned by the federal appeals court in 1980. The defendants were exonerated by the 4th Circuit Court of Appeals for two reasons: (1) because the prosecutor failed to disclose exculpatory evidence, in violation of the defendants' due process rights [the Brady rule]; and (2) because the trial judge erred by limiting the cross-examination of key prosecution witnesses about special treatment the witnesses received in connection with their testimony, in violation of the defendants' 6th Amendment right to confront the witnesses against them. Chavis v. State of North Carolina, 637 F.2d 213 (4th Cir. 1980).
International response
Several national magazines, including Time, NewsweekNewsweek
Newsweek is an American weekly news magazine published in New York City. It is distributed throughout the United States and internationally. It is the second-largest news weekly magazine in the U.S., having trailed Time in circulation and advertising revenue for most of its existence...
, Sepia and The New York Times Magazine
The New York Times Magazine
The New York Times Magazine is a Sunday magazine supplement included with the Sunday edition of The New York Times. It is host to feature articles longer than those typically in the newspaper and has attracted many notable contributors...
, published articles on the trial and its aftermath. When then President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
admonished the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
for holding political prisoner
Political prisoner
According to the Longman Dictionary of Contemporary English, a political prisoner is ‘someone who is in prison because they have opposed or criticized the government of their own country’....
s, the Soviets responded by citing the incarceration of the Wilmington Ten as an example of American political imprisonment. In 1977, 60 Minutes
60 Minutes
60 Minutes is an American television news magazine, which has run on CBS since 1968. The program was created by producer Don Hewitt who set it apart by using a unique style of reporter-centered investigation....
aired a special about the case, insinuating that the evidence against the Wilmington Ten was fabricated.
Amnesty International
Amnesty InternationalAmnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
(AI) took on the Wilmington Ten case in 1976. The men still in prison at the time were part of a group of 11 African American men incarcerated in the U.S. that AI considered to be political prisoners, under the definition in the 1948 Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
.
The "Ten"
- Benjamin Chavis (age 24) - 34 years
- Connie Tindall (age 21) - 31 years
- Marvin "Chili" Patrick (age 19) - 29 years
- Wayne Moore (age 19) - 29 years
- Reginald Epps (age 18) - 28 years
- Jerry Jacobs (age 19) - 29 years
- James "Bun" McKoy (age 19) - 29 years
- Willie Earl Vereen (age 18) - 29 years
- William "Joe" Wright, Jr. (age 19) - 29 years
- Ann Shepard (age 35) - 15 years