JUDGE ORDERS MAN CHARGED IN BURNING CROSS KEPT IN JAIL

A federal judge has ordered that a Sikeston, Mo., man remain in custody until his jury trial for allegedly burning a cross in front of a black family's residence.

Justin Scapino, 23, will stay in the Cape Girardeau County Jail until May 29, when he is scheduled to go on trial for a charge of racial intimidation.

U.S. Magistrate Judge Lewis Blanton ruled this week that an affidavit presented by the FBI offers substantial evidence that Scapino participated in burning an 8-foot-tall cross on Nov. 3.

Blanton wrote in his decision that the actions attributed to Scapino make him a danger to the community.

"By its history, burning a cross on another's property is meant to be a warning that if the resident fails to stop doing what he or she is doing, such as living in a certain location, the failure to stop will be met by worse consequences," Blanton stated.

Terroristic act'

Blanton called cross burning "a terroristic act."

The risk of Scapino not showing up for his trial is heightened by charges of conspiracy to commit murder and a burglary charge by the Scott County prosecutor's office, Blanton said. The charges, carrying bonds of $350,000 and $50,000 respectively, were dismissed by Scott County to allow the U.S. Attorney's office to prosecute Scapino, said Larry Ferrell, assistant federal attorney.

Thomas Lehmann, 17, has also been charged in the cross burning.

Lehmann, who lived next door to the residence on Henry Street in Sikeston where the cross was burned, had materials to build and burn a cross at his residence, along with white supremacist paraphernalia. However, Lehmann will appear in Missouri state court because of his age.

Scapino faces a maximum sentence of 10 years in prison if convicted in federal court, which is also an incentive to flee, Blanton said.