District Attorney Ben David,
We the undersigned community members, community builders, and voters of New Hanover County write to you today out of concern for the deep miscarriage of justice which, if you do not act, will destroy the lives of three brilliant young people in our community and dismantle yet another generation’s trust in the American justice system.
As with every gain in history, if activists in the summer of 2020 had not disrupted the peace, there would have been no change. Three Wilmington protestors who consistently raised their voices for justice are Nicole (Lily) Nelson, Timothy Joyner, and Joshua Zieseniss. The three are now facing charges filed against them allegedly for actions related to the protests. There is no way around this point: these charges are retaliatory. They were levelled at the public faces of the Wilmington protests to produce a chilling effect among the activist community.
You have the power to change this situation, this microcosm of the greater American conversation on race, policing and sentencing. You, as District Attorney of New Hanover County, have the singular ability to use your prosecutorial discretion to dismiss the political charges against these protestors. These charges do nothing to advance our community. They do not remove violent criminals from the streets. Instead, they burden three young people who found a voice this summer with a lifetime of police harassment, a pile-up of charges, court dates, and fees.
Your office has acted in the recent past to dismiss similar non-violent misdemeanor charges, and it is clear you are willing to act to prevent misdemeanor offenses from causing undue harm to the lives of citizens. What is the value to the citizens of New Hanover County in prosecuting Lily Nicole, Tim Joyner, and Joshua Zieseniss? Who will be protected by these young people facing prison time and a record? We advance, as citizens and voters of New Hanover County, that this prosecution is not in the best interest of the county or the healing of our community.
We the undersigned request that you use your prosecutorial discretion to drop the charges against Nicole Nelson, Tim Joyner, and Joshua Zieseniss. As a nation, as a city, we must begin to heal from the wounds which were ripped open anew this past summer. We cannot heal if black activists are being annually re-traumatized by the police, the justice system and legislatures for asserting their basic humanity.
We ask of you the one thing that is asked of anyone placed at the precipice of history: Act.
Sincerely,