Ohio man sentenced for racist threats against Doña Ana County DA Gerald Byers

Organ Mountain News report

LAS CRUCES - In a case that highlighted the personal and professional toll of racist threats against public officials, Federal District Judge Kenneth Gonzalez on Tuesday sentenced Ohio resident Donal Walter Fowler to three years of supervised probation and a $1,000 fine. Fowler had pleaded guilty in June to a federal felony charge of communicating interstate threats after leaving a racially charged and threatening voicemail for Third Judicial District Attorney Gerald Byers.

The voicemail, left on Oct. 26, 2023, targeted Byers with racist slurs and threats to his family’s safety.

“There should be a noose in your future,” Fowler said during the two-minute call, which included the n-word and disparaging remarks about Byers’ African American heritage and law enforcement.

Investigation and arrest

The Third Judicial District Attorney’s office contacted the FBI to trace the threatening call. Using phone records, investigators identified Fowler’s location in Ohio. The FBI, along with local law enforcement agencies, coordinated security measures to protect Byers, his family and his office.

The threats followed the release of police bodycam footage from the Oct. 3, 2023, shooting of Teresa Gomez by Las Cruces Police Officer Felipe Hernandez. The video, shared on a social media channel known for inciting anti-law enforcement sentiment, triggered more than 500 profanity-laced and threatening calls to the DA’s office and the Las Cruces Police Department. Fowler’s voicemail stood out for its explicit racial hatred and targeted threats.

Courtroom statements

At the sentencing hearing, Byers described the significant impact of Fowler’s actions, noting the disruption to law enforcement operations, the need for increased security and the lasting sense of vulnerability for him and his family.

“It’s ironic that Fowler’s racist rant focused on my existence as a Black man being offensive to him,” Byers told the court, noting that Fowler never mentioned the ethnicity of either Officer Hernandez or Teresa Gomez.

Although Fowler initially declined to apologize during the hearing, he later offered a brief, muted apology after a recess. Judge Gonzalez acknowledged the statement but noted it showed limited remorse.

Plea agreement

The sentencing was part of a plea agreement approved by Assistant U.S. Attorney Niki Tapia-Brito and DA Byers. The agreement avoided a trial while holding Fowler accountable for his actions.

Byers concluded his remarks with a message of hope: “I hope that, as a result of this process, Mr. Fowler does not allow himself to be a puppet for evil in the future.”

The case underscores the risks faced by public officials and the importance of ensuring their safety as they carry out their duties.