No Prison For ​“Snitching” On A ​“Snitch”

Diavion Hutchings faced a possible prison sentence for spreading the identity of a police informant — and instead got a second chance to reconnect with family, earn her high school diploma, and pursue her dreams of becoming a lawyer.

Members of the community promised a judge to help with that pursuit.

Hutchings, known to her friends and family as ​“Avi,” pleaded guilty in late June to obstructing justice. The sentencing guidelines for the offense ranged from 10 to 16 months in prison.

At a hearing Thursday at the federal courthouse on Church Street, U.S. District Court Judge Janet Hall decided instead to sentence Hutchings, who is 19, to two years of probation.

Before Hall issued her sentence, Assistant U.S. State’s Attorney Maria Del Pilar Gonzalez sketched the story of an intentional act to endanger and upend a cooperating witness’ life that perpetuated a culture of mistrust towards police. She stressed a need for a prison sentence to send a message to Hutchings’ community that outing an informant — that ​“snitching” on ​“snitches” — will not be tolerated.

In turn, Hutchings’ defense attorney, Theodore Koch, painted the portrait of a young teenager with a dedicated work ethic and admirable ambition, who was simply susceptible to peer pressure, lacking a consistent adult figure in her life, and living in a neighborhood that exposed her to gangs. Koch asked Hall for no prison time.

“There’s punishment enough in supervised probation,” Koch argued.

According to prosecutors, Hutchings witnessed a peer conducting an interview with police, allegedly telling cops about her then-boyfriend and other members of a Blood-affiliated gang known as the ​“Murderside Guerilla Brims.” (The boyfriend was eventually arrested.)

She took photographs and videos of the interaction, sending them to her friends via text and Facebook.

The next day, she posted a 50-minute Facebook Live video discussing what she had seen. Through texts and in the comments of her video, she received outraged messages from peers that lauded her decision to expose the informant.

Gonzalez said that Hutchings had made threats about the informant via text and in a separate video.

The defense denied this. Judge Hall expressed skepticism that the threats captured in a video provided by the prosecution were more than a joke, noting that Hutchings at one point said ​“I’m just kidding.”

Gonzalez argued that Hutchings’ decision to send the footage and images of the cooperating witness was a ​“systematic dissemination,” a calculated choice. She pointed out that Hutchings posted Facebook Live videos that identified the informant one day after initially spreading the photos and videos, suggesting that Hutchings was not merely acting on an in-the-moment impulse.

The crime had a devastating impact on the informant’s life, Gonzalez said. ​“That person now will probably never be able to safely live in New Haven … I think it is an understatement to say that the victim’s life has been changed forever.”

She asked Hall to impose a sentence within the 10 to 16-month guideline, partly to make an example out of Hutchings.

“Even a short period of incarceration sends a message that … this kind of behavior is abhorrent to the criminal justice system and it cannot be tolerated,” she argued.

Gonzalez noted that when Hutchings pleaded guilty to the charge of obstruction of justice, she was celebrated by peers. A New Haven Register article that reported her plea was shared over 200 times with comments praising Hutchings for ​“sticking to the code,” according to the prosecution’s sentencing memo.

“To the community, she was a hero when she took this charge and when she didn’t snitch on her boyfriend,” Gonzalez said. ​“That is a problem that a sentence of incarceration can prevent, [by demonstrating] that this is not something to be lauded.”

Another Run-In With Police

Since Hutchings’ arrest, Gonzalez revealed — to Hall’s surprise — that Hutchings has had another interaction with police: In the spring, she drove a vehicle with two passengers she didn’t previously know, who shot at someone else with her present.

“It’s troubling that she lets people into her car who she didn’t really know,” said Judge Hall. ​“If she keeps doing that, she’s goingg to get arrested one day.”

According to Koch, a friend without a criminal record drove Hutchings’ car to Hutchings’ workplace, with two individuals whom Hutchings didn’t know. The friend said she didn’t have time to drive the passengers home, and asked Hutchings to do it, according to Koch. So Hutchings drove them. She then got into a car accident; the two individuals exited the car and began to shoot at the other vehicle involved before running away from the scene. Hutchings remained onsite and spoke with police.

Hutchings is required to report encounters with police to her parole officer within 72 hours. She reported the incident after two weeks, according to probation officer Lauren Harte.

Koch suggested that the delay in communication could be explained by the difficulty of communicating during the pandemic.

In his arguments, Koch portrayed Hutchings as a shy, hard-working kid who’s still developing impulse control and decision-making skills, yet who’s faced adult situations for much of her life.

Throughout Hutchings’ childhood, Koch wrote in a sentencing memo, her mother spent time in and out of prison. Hutchings’ father died when she was 6 years old. After his death, she went to live with her grandmother, with whom she had a close relationship — and who died when Hutchings was 16. Since then, she dropped out of high school and now lives with her mother in Newhallville.

At 19, she is currently working two jobs as a healthcare worker and an Amazon employee, Koch said. She hopes, one day, to become a lawyer, or maybe a nurse.

Koch argued that in her neighborhood, Hutchings found herself frequently exposed to criminal activity. She has seen multiple friends get shot, he wrote in his sentencing memo, and feels an acute pressure not to be labeled a ​“snitch.” Her messages and social media posts identifying the informant were emotional actions fueled by encouraging peer responses, he suggested.

“Her braggadocio was less machismo and more masquerade,” Koch wrote, ​“but fueled with a numbness to truly realizing how others — such as the kid on the video, or the U.S. Attorney’s office — might perceive it.”

Now Hutchings is pursuing her high school diploma and seeking counseling.

Koch read a letter she wrote to the court, in which she apologized to the court and to the informant.

“I met this boy who I thought I loved, but I then realized he was only my downfall. Before … my life consisted only of my work and school, and that is what I hope to get back to,” Hutchings wrote. ​“Every aspect of this journey has given me a life lesson. I’ve learned not to take my freedom for granted.”

“I want to be successful in life and own a house one day, and be an attorney if I still can,” Hutchings said.

Hutchings’ father’s side of the family has been relatively distant, according to Koch/ But several of her relatives promised in submitted letters and court testimony to be guiding and supportive presences for her.

A host of relatives wrote letters of support on behalf of Hutchings, including her mother, Alexis, who wrote of the impact that going to prison would leave on Hutchings’ life.

“Society would mark her for the rest of her life. She could never work for the government or the court,” she wrote. ​“She could never hurt anyone … I ask you to please help her become a better person with open doors in life.”

State Rep. Robyn Porter, who lives in Newhallville and identified herself as a family friend, also wrote in support of Hutchings.

“I do believe if given a real opportunity that Diavion will successfully turn her life around, learn from her mistakes, and ultimately make us all proud of her future aspirations to become a productive member of our community,” Porter wrote to Judge Hall. ​“I am committed to be an integral part of her rehabilitation process and I am available, if permitted, to further discuss this matter with you directly.”
 
​“She sounds like a very talented young woman,” Hall said of Hutchings, referencing positive reports from probation officers as well as the letters from her family members. ​“My view is she needs someone who is there for her and who has enough life experience to give her good advice. Young kids don’t always take advice, but it’s good to get good advice.” She called for family members to step up as mentors for Hutchings.

A handful of attendees on the Zoom call offered to do just that. Hutchings’ aunt, Dawn Poindexter, told the court via Zoom that ​“whatever [Hutchings] needs to continue her course of success, we’re willing to do whatever we need to do … We can support her, and we’re willing to do so.”

“What jumps out at me is that we have a vicious cycle and I don’t think we’re going to solve it with Ms. Hutchins’ case,” Hall said at the start of the hearing. ​“We have a breakdown of trust between law enforcement and certain neighborhoods in the inner city.” Yet when witnesses are intimidated, the police aren’t able to solve crimes, she said. ​“And therefore those neighborhoods aren’t ever gonna be safe.”

Judge Has Faith

As she issued her sentence, Hall stressed that Hutchings’ crime was more serious than it may have seemed to some. ​“The consequences of it is that it keeps this vicious circle going,” Hall said.

She also warned that if Hutchings violates the conditions of her supervised release, ​“I’ll put you in jail, and I will.”

Hall said she had faith in Hutchings.

“You do need to go on in school,” she said. ​“It would be a tremendous waste if you don’t achieve your potential. I do think you have potential.”

Hutchings’ probation includes mandatory drug tests, a special assessment of $100, and an educational requirement that can be fulfilled by pursuing a high school diploma.