Two Martinez residents charged with hate crime for defacing Black Lives Matter mural

Contra Costa DA Release

Martinez, Calif. – Today, the Contra Costa County District Attorney’s Office charged Nichole Anderson (42-years old Martinez resident) and David Nelson (53-years-old Martinez resident) with three misdemeanor counts, including a hate crime, for their alleged actions on Saturday, July 4, when defendant Anderson covered up a Black Lives Matter mural with black paint. Nelson directly aided in the alleged criminal conduct. The incident was captured on video by witnesses.

On July 1, a local Martinez resident applied for a permit to paint a Black Lives Matter temporary mural in downtown Martinez in front of the Wakefield Taylor Courthouse. The permit was approved by the City of Martinez and the painting was done on July 4.

Nelson and Anderson arrived at the scene of the mural after it was completed with paint supplies. Anderson started to paint over the yellow letters “B” and “L” in the word “Black.” She used black paint and a large paint roller to do so. The video has been shared widely by witnesses and shared on social media.

“We must address the root and byproduct of systemic racism in our country. The Black Lives Matter movement is an important civil rights cause that deserves all of our attention,” stated Contra Costa County District Attorney Diana Becton. “The mural completed last weekend was a peaceful and powerful way to communicate the importance of Black lives in Contra Costa County and the country. We must continue to elevate discussions and actually listen to one another in an effort to heal our community and country.”

In total, both defendants are charged for the following alleged offenses:

  • Violation of Civil Rights, PC 422.6(b)
  • Vandalism Under $400, PC 594(a)
  • Possession of Tools to Commit Vandalism or Graffiti, PC 594.2(a)

If convicted, both defendants face up to a year in county jail. The alleged offenses are exempt from a specific bail amount due to the current county bail schedule in light of the COVID-19 pandemic.

Case information: People v. Nicole Claudia Anderson and David Richard Nelson, Docket Number 01-194031-1

93 Replies to “Two Martinez residents charged with hate crime for defacing Black Lives Matter mural

  1. Could someone else apply for a permit to paint “blue lives matter” or “all lives matter” or “most cops are good people” in that same city? That seems like a more constructive way of voicing discourse. If they did and someone painted over or defaced it, would they face the same penalties? Black lives do matter.

    1. I dont think its a hate crime. The only thing they didnt like is it being written on the street. Done without letting others in our city have a say or vote on if it should be done. What they did was not ok but in my opinion its not a hate crime.

      1. Definitely not a hate crime. BLM is a for profit organization which is about to be labeled as a terrorist organization. BLM is bad news, folks.

      2. Totally agree. Not a hate crime. The crime is allowing racial or religous promotion in a public square or forum including the public’ streets for the promotion of a single race or religion.

        No vote necessary. It’s illegal. Permit should have been denied on legal grounds. Higher, corrupt powers at work now. Granting of the permit was unconstitutional and completely arbitrary so whoever allowed it is probably a swampy.

    2. Dave and Nicole you are brave Americans, and the majority of America, sane Americans, have your back.

    3. Why is it not being equally reported that these individuals were retaliated on. They were stalked to their home and their home and car were vandalized by members of BLM. If this was an ex husband who did this the community would be outraged, but because it is politically correct it gets no media attention? Why?

      1. Or the true story of a young lady shot in the head and killed for sayiing all lives matter in response to a BLM
        zealout trying to bully her into saying black lives matter.

    4. Political organizations have no right to permanently deface public, tax-paid streets. And BLM is definitely a political organization. And black lives do matter; what does BLM have to do with black lives? Where is their concern about the little angel, 3-year-old Mekhi James, who was gunned down by a black gang member in Chicago? No, their interest is in politics only.

      1. You’re just a brainwashed liberal towing the party line. You’re as big a problem as the BLM mob, Karen. You people throw around the word “racist” towards anyone you don’t agree with to the point where that word has all but lost its meaning.

    1. Agree, Fuck BLM, and fuck the cowardly anti-white bigots Brian, Laura, Zack jb, and
      Hali Burley who grovel and worship at their feet. .

    2. Exactly right. blm ghetto trash can riot, burn, kill and loot but thats ok. And whats really said is the ignorant people who support this uncivilized trash. Whats the difference in blm and the kkk? Nothing. Maybe the KKK needs to start rioting, looting and killing. But they can’t do that because that would be racist.

    1. Putting aside the movement, the mural was done with a permit and it wasn’t even meant to be permanent. Any other defacement of murals done with a permit ideally should be charged too. By definition hate crimes are targeting race (or sex, religion, etc.) Even though it can be argued it’s not violent. But it’s clear this was meant to silence a racial group.

      1. Big ugly yellow letters in the street that nobody asked to be painted is not a mural. IT’S GRAFFITI. Clean that mess up!

      1. The same planet THST all these so called peaceful protesters who burned hundreds of buildings, broke out thousands of windows, spray painted their shit everywhere with absolutely nothing happening to them because the police were told to stand down by Weak self -loathing liberals!!!!

    1. That would be your president, Ray, not those seeking equality. Take five minutes to look outside yourself.

      1. Or maybe you should go look in the mirror, Laura, and take a good look at the woke scold hypocrite staring back at you. I bet that’s the LAST place a bigot like you wants to look.

        This is your cue to scold about “equality,” while you defend black goons who murder and loot.

    2. Only if they’ve been oppressed since you were “freed” from slavery. You all are privileged wimps. IMPOTUS is the hate monger and you’re all ignorant enough to swallow. Are red knee pads RUMP merch too? Can’t spell hatred without red hat.

    3. Bahhahahahahahahahah. HAHAHHAHAHAHAHAHHABAHABAHAHAHA!! You really believe that? Ahhahahahahahahaha. Thanks for the laugh! XD

  2. Ha ha ha. I bet Nichole thought she was exercising her constitutional right to “free speech” by defacing a temporary mural. Perhaps the DA will remind her there are “limits” to the expression of her free speech. If not, I suppose the judge will again remind her during sentencing.

    1. Nah not even a little bit. I’m white and support BLM because I’m not an ignorant racist that thinks it means Black > White. Educate yourself.

      1. Have you looked at the BLM website? Have you research the 3 founders. Have you seen the actual footage of the founder saying BLM is a Marxist organization. Research and seek information clearly you did not do that Laura!

    1. Hahahah look at this snowflake. As a white man i can safely say BLM is not a hate group but it hilarious you think so Hahahahhaha. #BLACKLIVESMATTER

      1. Hahaha look at the white soyboy, groveling before the hate group BLM.
        Kiss those BLM boots, Soyboy Mark kiss em’ good and hard.

    2. I agree. BLM is a radical domestic terrorist group. They don’t even care about blacks. They are full of hate and want an excuse to kick some white ass. And people are going along with it? WTH is wrong with some of you people. Apply for a permit to paint “All Lives Matter”. See if that gets approved!

  3. “Two Martinez residents charged with hate crime for defacing Black Lives Matter mural”

    That was defenetly not a mural.
    Actually it was a “hate crime” and destroying public property to paint it there in the first place. These two people should be rewarded for their courage to undo the hate crime.

    1. How is it “destroying public property” if it was a temporary mural. Which means it can be easily gotten rid of in the future.

    2. The people that painted the BLM applied for and were granted a permit to do so. The lady with the paint roller did not. The people that painted the BLM were following the law. The lady with the paint roller was not. It’s just that easy, whether you agree with it being there or not.

  4. Are there no actual lawyers in the Contra Costa County District Attorneys office? When I began reading the press release I assumed so. When I got to the part where it said Nelson and Anderson were arrested and charged with a hate crime I realized I had to be wrong.

    Their actions are clearly protected speech under the 1st Amendment. Any lawyer will know this. The charge will be thrown out and most likely the other charges too.

    I wonder if the residents of Contra Costa County will be happy to pay a civil rights lawsuit settlement/judgment when Nelson and Anderson sue?

    Obviously the City and County approve of the temporary painted slogan and do not approve of Nelson’s and Anderson’s speech. That doesn’t matter and they know it doesn’t matter.

    Attorneys are officers of the court. They should not be bringing criminal charges against people for exercising their 1st Amendment rights in front of the courthouse!

    1. It’s a temporary mural it has the same protections as a billboard, More so in this case because black lives matter is about brining equal value to lives that are currently undervalued, hence the hate crime. If you were to graffiti a billboard you would get the same misdemeanor charges. This has nothing to do with the first amendment and has everything to do with destruction of property. If anything this is anti-first amendment, similar to burning literature. What do you not get about that?

    2. How is vandalism level now? The BLM mural went through the proper channels and was approved to for temporary status. The defendants did no such leg work And just destroyed the mural… that’s vandalism… a crime

    3. Actions are not always speech. Vandalism isn’t protected speech. If you believe that, maybe someone should paint “Ignorant Racist Lives Here” on your house.

      1. Yet you have no problems when the black goons tear down statues, do you?

        It’s be better if someone painted “white coward who worships black goons”
        on your forehead backwards so when you look in the mirror to see who you are.

        1. Mike, your arguments resemble those of a first grader. If your choice to be racist is a result of a low IQ, you definitely need help from a mentor to put you on the right track. In that case your mentor could be Google: “basic human rights”.

  5. Racial Economic Equality is just a School Book Away.

    The only way to move more of the Black Community out of poverty is education. Affirmative Action Laws were put in place to ensure that Black Graduates would have jobs waiting for them upon their graduation. But where are the Black Graduates?

    Black Cultural Representation should be 13 percent.

    In 2017 only:
    8 percent of the Computer Science graduates were Black;
    4 percent of the Math and Statistics graduates were Black;
    4 percent of the Engineering graduates were Black;
    and 3 percent of the Physics Graduates were Black.

    Every one of those percentages were HIGHER 10 years ago.

    Racial Economic Equality is just a School Book Away.

  6. then pretend to have less bias and arrest all the criminals that painted blm bs on private property and without permission at the very least, double standard much…

  7. “Black Lives Matter”, THE ORGANIZATION, by its own admission is a Marist/Leninist, Revolutionary Political Party. It is, to its core, violent.

    Its clearly announced aim, is to destroy “America” and remake it into a totalitarian Socialist country.

    Martinez CA and the Contra-Costa District Attorney (who may be a “Soros DA”), in an act of hysterical hatred, have intentionally charged these two individuals with a “hate crime”. An odious alleged “crime” seeking to punish “wrong thought” (an act is a product of the thought, isn’t it). An act of state-sponsored terrorism, in fact…..

    Here is how this gathering, monstrous anti-human, state-sponsored terrorism will end. The precursors are all around you. Open your eyes to what these vicious political ideas (and those who promote them) portend:

    “Every record has been destroyed or falsified, every book rewritten, every picture has been repainted, every statue and street building has been renamed, every date has been altered. And the process is continuing day by day and minute by minute. History has stopped. Nothing exists except an endless present in which the Party is always right.”

    ― George Orwell, Nineteen Eighty-Four

    Prescient words for a corrupted and ignorant society.

  8. “Black Lives Matter”, THE ORGANIZATION, by its own admission is a Marxist/Leninist, Revolutionary Political Party. It is, to its core, violent.

    Its clearly announced aim, is to destroy “America” and remake it into a totalitarian Socialist country.

    Martinez CA and the Contra-Costa District Attorney Diana Becton (who is a “Soros DA” 50K$ donation: “California Justice & Public Safety Political Action Committee”), in an act of hysterical hatred, have intentionally charged these two individuals with a “hate crime”.

    An odious alleged “crime” seeking to punish “wrong thought” (an act is the product of a thought, isn’t it). An act of state-sponsored terrorism, in fact…..

    This “hate crime” designation is an intentional misapplication of the relevant statute:

    (b) No person, whether or not acting under color of law, shall knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55.”

    2007 California Penal Code Chapter 2. Crimes And Penalties
    SECTION 422.6-422.865

    The two individuals charged have now been “doxxed”, are now “unpersons”, subject to the mob’s “two-minute hate”. As so many now are.

    Here is how this gathering, monstrous anti-human, state-sponsored terrorism will end. The precursors are all around you. Open your eyes to what these vicious political ideas (and those who promote them) portend:

    “Every record has been destroyed or falsified, every book rewritten, every picture has been repainted, every statue and street building has been renamed, every date has been altered. And the process is continuing day by day and minute by minute. History has stopped. Nothing exists except an endless present in which the Party is always right.”

    ― George Orwell, Nineteen Eighty-Four

    Prescient words for a corrupted and ignorant society.

    Welcome to the mob.

  9. So happy that these losers will now lose time and money defending themselves. Was it worth it, Nicole and David?

    Now that we know their names, let’s contact their employers. #RacistsGettingFired

    Actions and consequences.

  10. It’s so sad the words black lives matter bothers a lot of you. Blue lives matter was supported when we would get those blue and black Sri Kera in the mail and put on our vehicles and when they called and asked for donations to support blue lives!!! Until they started killing off black lives and anyone who supported the idea that black lives mattered. All lives can’t matter bc if they did you would be stopping to think wait if they do this to Hispanics (cages) blacks (killings) ooo and rainbow lives matter oooo that leaves us sooner rather than later my supposed to be untouchable skin will become touchable. And I really think that’s were the fear of this bs all lives matter kicks in bc sweetheart you’re afraid that what your ancestors did to ours we will do to you all. There’s pain in our hearts no matter how far back it goes you don’t hear anyone telling you get over that relationship where you got cheated on it’s over move on you don’t hear anyone saying your parent died get over it ooo your child is growing with an birth defect from you drinking or smoking when your child gets older will you tell him or her get over it it’s life! No we empathize we help find solutions we build strength and character. But 3 words literally make your inner coward be so forward in opinion! But black lives matter is a hate group? Make it make sense. Some of you say things just to hear your heads roar and some of you are simply some heartless followers. Just remember to everything there is a twist and turn and karma has the final stance on all you say and do! Good luck with all that! Right is right wrong is wrong and those 3 little words aren’t going anywhere! Bc Black lives do matter and so does Hispanic lives and so does rainbow lives and so does yours! Be clear if you think you’re better than someone then you’ve bumped your head we all bleed red and one shot we could be dead and when you die it’s ashes or grave and none of that materialistic bs makes you great it’s the impact you left on the lives you leave behind be better humans than those from OUR PAST!

  11. The bigots who have posted above are an embarrassment to our country. Please take your hate and small mindedness and EVOLVE.

  12. The BLM mural was approved and permitted. You can cry all day about it but that’s a fact. You can’t call for protesters to be thrown in jail for removing a statue and let these two idiots go. This isn’t a tit for tat society. I’m proud of our city and hope we can continue to be civil and good neighbors to each other

  13. So, why are local officials giving permission to political groups, e.g., BLM, to alter traffic control signage designed to promote public safety and safe driving? Will no drivers be distracted by BLM signage? They and Antifa are well known agitators, domestic terrorists, arsonists & looters if you’ve been paying attention to the MSM.

    Where did the funds come from to pay for the road? Any funds come from the state’s taxpayers? Did the State cede permission to the locals to allow defacing of the state taxpayer’s road. When?

    We know the locals are letting this stuff go on out of fear that Blackie and the other racists might get mad and burn their little village down if they aren’t placated with their graffiti. Bunch of public cowards? Why not “blue lives matter”, “all lives matter”, “White Lives Matter”? Just not politically correct? Bunch of local dingbats? Maybe the D.A. should be disbarred for pandering to hate groups? Maybe someone should write a complaint against Diana Becton, Bar #124333, a Golden Gate University, S.F. law graduate. The bar website to file a complaint is located at calbar.org.

    Are the local Judges supposed to be intimidated as well? Do they support favoring one racial group over another? What about their duty to promote the appearance of judicial integrity and non-bias? Why would they support an obviously racist favoritism signage on their front doorstep? One would think they would be OUTRAGED by such a politicization outside their chambers and courtrooms. But NO, People can file complaints against judicial officers with the California Commission on Judicial Performance here: https://www.courts.ca.gov/5360.htm.

    (925) 608-1101 Hon. Barry Baskin Presiding Judge 725 Court Street, Martinez, CA 94553

  14. I guess this couple was already unemployed and on welfare when they were busy vandalizing the mural. Because otherwise I think we would have read about their employer(s) firing them by now.

  15. It was temporary mural, Who make the decision what length of time is temporary. One second is temporary so it was time for it to come down. BLM is evil, anti american. People who back these anarchist are no better.

  16. Bravo to Anderson & Nelson. I am sick and tired of this Marxist movement demanding that we all apologize because “we” were born white. That is the apex of racism. Do they apologize for being black? No, we don’t apologize for the way we were born. Do some research people, BLM fundraising arm is run by a convicted domestic terrorist that was convicted of bombing the US Capitol. They are a political movement that want to eliminate our history. Wake up!

  17. They should just slowly drive past the BLM painted on the ground with their license plate covered wearing their COVID masks lol while the passenger pours paint right out the window on it then drive away!!!

  18. How is it those taking down statues also aren’t charged? Where is equal justice under the law? We all how BLM only cares about certain black lives and is a Marxist organization. Is anyone raising money for this couple?

  19. I wrote the city about the “approval process” of said permit. This was their response:

    Thank you for your email requesting information about the painting of the mural and the process for obtaining a permit. The City is not sponsoring or co-sponsoring the installation of any new murals, art or other representations on its streets or other public property at the present time. As such, any request to sponsor or co-sponsor such activities will not be accepted or acted upon at this time.

    The City Council will hold a public discussion about this item on the July 15, 2020 Council meeting agenda. This discussion will include options for the City Council to consider, including directing staff to re-examine its practices, procedures, and policies pertaining to public art or other expressions on City property.

    We have the ability to vote out 2 members of the City Council and the Vice Mayor in November. Hopefully, you’ll all have the same passion to take back our city in November as you do now. Show up to the meeting and stop bitching on these forums. Or here’s another novel idea, run for office yourself. I trust the police and sheriffs department will not allow Martinez to be turned into the shithole that is Oakland or SF. If not, there’s a process. Vote out the people that allowed it to happen.

  20. I agree. BLM is a radical domestic terrorist group. They don’t even care about blacks. They are full of hate and want an excuse to kick some white ass. And people are going along with it? WTH is wrong with some of you people. Apply for a permit to paint “All Lives Matter”. See if that gets approved!

  21. BLM is a total joke. BLM is a Marxist and highly racist group. Anyone that cannot see this is a total moron. I applaud their American spirit in painting over a Communist mural on our streets. All Lives Matter, not just the criminals that got killed by Police. What about the CHILDREN killed by your protests/RIOTS??? Where is the BLM concern for them???

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