Douglas H. Wells, 78, of Carbondale is facing felony charges after protesters reported to police he swerved his Chevrolet S-10 pickup truck into a crowd of pro-Palestinian demonstrators and sprayed pepper spray at a participant during a weekly demonstration on West Main Street in Carbondale. 

The Aug. 24 incident has left community members concerned for protester safety and has led some to question why Wells was not charged with a hate crime. Wells is charged with aggravated assault with a deadly weapon (his vehicle) and aggravated battery. He was arrested in his residence on the date of the incident and then detained in the Jackson County Jail until his Aug. 26 detention hearing.

Carbondale Police on Aug. 25 issued a press release that stated officers responded at 2:57 p.m. to 100 W. Main St. for a report of a vehicle swerving at people protesting in the area. According to the report, Wells passed by the protestors twice, stopped his vehicle the second time, and deployed pepper spray at a victim who had approached the truck. Police said no one was hit and that the victim did not sustain any serious injuries or require medical treatment from the pepper spray.

Leaders of the Southern Illinois University Carbondale chapter of the Young Democratic Socialists of America, Adam Ashby and Duncan McKenna, stated that Wells initially approached in his gold-toned pickup and made an obscene gesture toward the crowd.

“He left, but then he turned and went around the block,” the YDSA leaders recounted. Wells allegedly drove up into the bike lane and nearly onto the sidewalk where protesters were gathered. 

“Once he got there, he had his window rolled down, and then he sprayed pepper spray out of his window,” YDSA leaders said. 

YDSA leaders described a scene of “confusion and panic” after the man deployed the pepper spray. 

“There were children screaming and people asking what had just happened,” the statement read. It is noted that other protesters rushed to help the primary victim out of the street and rinse his eyes with water. The victim was identified as a key figure and contributor to the Palestinian community.

A hate crime? 

While Wells faces felony charges, the absence of a hate crime charge has become a point of concern for some of those affected.

Under Illinois law, a hate crime is defined as a crime like assault or battery “by reason of the actual or perceived… creed, religion (or) national origin” of another person, said Cindy Buys, a law professor at SIU with expertise in the subject.

However, prosecutors often face a higher bar. 

“They sometimes do not charge hate crimes because it is difficult to prove intent,” Buys wrote in an email. “There has to be evidence that the crime was committed because of the victim’s actual or perceived characteristics. Such evidence often consists of statements by the defendant.”

This legal standard can be a point of frustration for community members who feel there was a motive. Yara Hindi, a Palestinian American paralegal who is active in the protest community, pointed to a 2023 incident in Skokie, Illinois, where a man who pepper-sprayed pro-Palestinian protesters was charged with hate crimes.

“What happened on Aug. 24 was clearly a hate crime,” Hindi said, emphasizing that while she is not a lawyer, she studies legal precedent closely. “People waving Palestinian flags were targeted… Yet because the statute demands an extra mile of proof about motive, prosecutors hesitate to call it what it is.”

Protesters remain undeterred

The incident occurred during the 99th consecutive week of protests in solidarity with Palestine around Carbondale. Organizers say that this was the first time an incident became physically violent despite receiving multiple threats before.

While organizers and members of the community are concerned, especially for the safety of children who attend protests, they will not be dissuaded from their pursuit. 

“We, in YDSA, are not frightened away from continuing these weekly rallies,” the leadership said in a statement. 

The following protest on Sunday, Aug. 31 marked their 100th week of demonstration on Main Street. There have been no reports of any altercations occurring at that demonstration. 

“The threats we face don’t compare to the threats that Gazans face,” Hindi added.

Public record searches in Illinois do not indicate any criminal proceedings involving Wells prior to this one. The police investigation remains active and ongoing. Members of the community with more information are encouraged to contact the Carbondale Police Department.

Wells is not currently being held in detention. His preliminary hearing is set for Oct. 14. He could not be reached for comment.

Editors Note: This story has been updated to clarify that the protests are not sponsored by YDSA

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