By Henry Graff | August 10, 2020 at 5:26 AM EDT - Updated August 10 at 7:07 PM
RICHMOND, Va. (WWBT) - A Henrico County General District Court Judge found Harry Rogers guilty of four misdemeanor assault charges, but not the hate crimes that were later added by the Henrico County Commonwealth’s Attorney.

In court Monday, the judge said the victims in the June 7 incident were white and there is no clear case law on how to deal with that.

[ Va. prosecutor: Man who drove through group of protesters is leader of KKK ]

Hate crimes were specifically added after a lead investigator in the case says KKK paraphernalia was found inside Rogers’ residence and in his car, including his robe and his Klan bible.


Rogers was present in his prison jumpsuit for the hearing and also was found guilty of two additional property crimes.

Prosecutors used cell phone data to indicate the suspect stalked the protest route a short time before the scheduled Lakeside protest.

They even played a ******** Live video where Rogers admitted to being proud of driving through the group, hitting three people and damaging a bike.

“We want to be very sensitive to the types of crimes we’re dealing with and when we truly believe that a sentencing enhancement should in fact be imposed,” said Shannon Taylor, Henrico County Commonwealth’s Attorney. “I would like to think that for the citizens of the commonwealth, and certainly the citizens of Henrico, that any time any body is acting in a hateful and vengeful manner that the sentencing enhancement would be appropriate.”

The judge sentenced Rogers to 12 months each of the six misdemeanor charges he's guilty of.

NBC12 is told the 36-year-old is almost certain to appeal that sentence.

The judge also certified a trio of attempted malicious wounding charges to a grand jury.

Rogers will be in Henrico County Circuit Court on those charges Sept.14 at 3 p.m.

Rogers was previously denied bond by a judge on June 25 who said he “chose” to make his actions.