Mark Heyer, whose daughter, Heather Heyer (pictured), was killed in 2017 while protesting a white supremacist rally in Charlottesville, Virginia, says he does not want federal prosecutors to pursue the death penalty against the man who killed his daughter. James Alex Fields, Jr., a 21-year-old who identifies as a neo-Nazi, was tried in Virginia state court and convicted of murder and a litany of other crimes for driving a car into a crowd of protesters, killing Heather Heyer and injuring many others. On December 11, the state-court judge accepted the jury’s sentencing recommendation and sentenced Fields to life in prison plus 419 years and a fine of $480,000. However, Fields still faces federal hate crime charges arising out of the incident, including one murder charge for which prosecutors could seek the death penalty.
Mark Heyer told BuzzFeed News, “I don’t relish the thought of [Fields] getting the death penalty. That’s my belief. I’d rather him get his heart straight and get life [in prison].” On the issue of Fields’s hateful beliefs, Heyer wondered, “What happened to make him hate that much? You don’t just wake up in the morning like that. He had hatred building up in him for years.” Heyer expressed sympathy for Fields’s family, saying, “He was too stupid and too young to realize what he was about to do would change his whole life. I think about his mother and what she’s having to go through.” During the state court trial, Fields’s lawyers presented evidence that he had suffered from psychiatric disorders dating back to his early childhood. Heather Heyer’s mother, Susan Bro, has not publicly shared her views on the appropriate punishment for Fields, but has promoted her daughter’s legacy of fighting racism. In an email to BuzzFeed News, she wrote that killing Fields “would not bring Heather back.”
Federal prosecutors have not yet announced whether they will seek the death penalty against Fields. Whether they are able to do so may depend, in part, upon the outcome of an unrelated case being considered by the U.S. Supreme Court. On December 6, 2018, the Court heard argument in Gamble v. United States, a challenge to a legal concept known as the “separate sovereigns” doctrine, which allows a defendant to be tried in state and federal court for the same conduct. Terance Gamble, who was charged in both state and federal court with being a felon in possession of a firearm, argued that facing both state and federal charges violated the Constitution’s double jeopardy clause, which protects against being "twice put in jeopardy” “for the same offence.” If the Court rules in Gamble’s favor, it could block Fields from being tried in federal court on at least some of the federal charges. Court watchers said after the argument that the Court did not appear inclined to strike down the separate sovereigns doctrine.