Judge rejects fine for John Stark student who scrawled racist message on school wall
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May 15—A judge on Tuesday rejected a prosecutor's recommendation of fines for a Weare high school student who scrawled racist graffiti on a school bathroom wall. The judge ordered him to perform community service and write an essay that addresses racism.
Edward Ackerly, 17, who graduates next month from John Stark Regional High School, also must avoid any behavior that threatens civil rights for the next three years, according to an order issued Monday by Hillsborough County Superior Court Judge Amy Messer.
In April 2022, Ackerly had scrawled the phrase "Blacks don't stand a chance" on a bathroom wall and added two Ks to a single K.
According to filings, Ackerly and two other John Stark youths were responsible for the graffiti, which also included a racial slur, "kill n---s," the first name of a Black student at the school, "KKK" and a swastika.
Attorney General John Formella brought non-criminal actions against him, and had sought a $500 fine, 100 hours of community service and a 3,000-word essay addressing racism. Messer rejected the fine, but implemented suspended fines that can come into play if Ackerly does not follow through on the judge's orders.
"The point here is not to derail you from having a productive life," the judge said.
Messer made her ruling after the Black student's mother gave an impassioned speech about the incident and its impact on her family. All her son did was go to school and was confronted with offensive language, Sharon Houle said.
"As far as I'm concerned, all the news keeps reporting is violence against Blacks, Jews and other Christian religions," said Houle. "They're going into schools, they're going into courtrooms, they're going into churches."
The judge seemed annoyed when Ackerly declined to respond to the mother's remarks in open court. Messer called the attorneys up to the bench for a whispered conversation, Ackerly's lawyer spoke to him briefly, and then Ackerly spoke.
"I wasn't thinking; I'm truly sorry," he said.
Houle told the New Hampshire Union Leader that her son and Ackerly were best friends before the incident. She said her son, who is biracial, and Ackerly played baseball when younger and slept over at each other's house. Their parents have socialized.
Houle said her children have dealt with race-related issues in Weare since an early age. In grammar school, teachers asked the Houle children if fellow students could touch their hair.
Friends assumed their family could not afford a trip to Disney or to buy a house.
Her daughter faced bullying after word got out that Ackerly and two friends were suspended for the graffiti.
"For years, it's always been 'kids will be kids,'" Houle said about the attitude of racist actions in the town.
But she and her husband confronted the school board earlier this year after Formella announced his actions in the case.
She said the school board demanded action by Superintendent Jacqueline Coe. An advisory council has been formed, the Manchester NAACP has consulted with the district, and New Hampshire Listens has sponsored three community listening sessions.
"I think we forced their hand," she said. "We're moving where we need to be."
The principal at John Stark, Gary Dempsey, did not return telephone and email messages seeking comment. Email messages left for the chairs of the John Stark and SAU 24 school boards were not immediately returned.
A rural town west of Manchester, Weare has a population of 9,100 that is 97% White, according to the 2020 U.S. census. The census puts the Black population at 0% and biracial population at 1.6%.
Houle said she's seen some progress. At a recent visit to the school, she saw efforts to promote diversity and inclusion.
One of the other students involved in the graffiti agreed to pay a $500 fine, write an essay and perform community service. Another was too young for his punishment to be disclosed.
Only Ackerly fought the charges in court. His lawyer had initially argued that the phrase "Blacks don't stand a chance" is historically correct, an argument Messer rejected last week.
On Monday, Ackerly's lawyer stressed that his client never made threats, is a special education student, and suffers with self-control problems.
Lawyer Kristopher Delorme said Ackerly has already suffered with a maximum 10-day school suspension and judgment in "another court," which is likely a juvenile court.
He also said that Ackerly makes about $11 an hour working part time at a convenience store and has no means to pay a $500 fine.
Houle said she's not upset that the judge rejected a fine.
