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Ben Chavis

AKA: Benjamin Chavis / Benjamin Franklin Chavis Jr.
Released
Full name:Ben Franklin Chavis
Date of birth:22. 01. 1948
Age:78
Gender:Male
Race:Black
Era:1970s
State:North Carolina
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Civil Rights Wilmington Ten
Ben Chavis

Biography

Civil-rights organizer (United Church of Christ Commission for Racial Justice) and leader of the Wilmington Ten, convicted on trumped-up charges of firebombing a white-owned store during 1971 racial unrest in Wilmington, NC. Originally sentenced to 25–29 years. The Black Panther Vol. 18 no.2 (1978); Amnesty International classed the group as political prisoners. The convictions were overturned in 1980 and the group pardoned as innocent in 2012.

Benjamin Chavis Jr. was a young minister and a representative of the United Church of Christ’s Commission for Racial Justice who went to Wilmington in early 1971 to support Black students organizing a school boycott amid escalating conflict over desegregation and unequal treatment in the public schools. He became associated with the local protest movement that drew national attention and was later referred to as the Wilmington Ten.

After unrest that included the February 1971 firebombing of Mike's Grocery and accusations of attacks on emergency responders, Chavis and nine others were prosecuted in 1972; a jury convicted them on October 17, 1972, and Chavis received a 34‑year sentence. James B. Hunt Jr. later commuted the group’s sentences, and Chavis was the last to be paroled (December 1979); in December 1980, the United States Court of Appeals for the Fourth Circuit overturned the convictions. Decades later, Beverly Perdue issued pardons of innocence (Dec. 31, 2012), formally clearing the Wilmington Ten.

Born in Oxford, NC. By 1971, at age 23, was UCC Commission for Racial Justice field organizer dispatched to Wilmington to support Black students boycotting segregated schools. Oldest of the Wilmington Ten and de facto leader. Received the longest sentence: 34 years. Imprisoned ~4.5 years, paroled December 1979. Convictions overturned 1980. Later: Executive Director NAACP (1993-94); National Director Million Man March (1995). Pardoned innocent 2012; received state compensation. Continues as journalist (Chavis Chronicles).

The Militant, March 25, 1977, page 3: The report says prosecution witness Jerome Mitchell admitted lying, becoming the third witness reported to have recanted in the Wilmington Ten case. Defense committee spokesperson Imani Kazana described the witnesses as coerced or bribed. These are attributed contemporary defense claims; the report does not announce a new trial, release or new imprisonment. Source: https://www.themilitant.com/1977/4111/MIL4111.pdf#page=3

Contemporary interrupted-custody chronology

The February 1978 Amnesty International Newsletter, page 3, individually names all members of the Wilmington Ten and distinguishes their interrupted custody chronology: bail in June 1972; brief re-imprisonment after conviction; release on appeal bail in July 1973; and return to prison in February 1976. It reports Anne Shephard Turner already on parole while the nine men remained imprisoned when the article was written. The February 1976 month start already recorded here describes the final prison term, not the beginning of uninterrupted imprisonment extending from 1972. The newsletter’s January 23, 1978 update describes Governor Hunt’s commutation as permitting future parole in June for eight men and parole eligibility on January 1, 1980 for Ben Chavis. Those eligibility dates are not actual releases and do not replace later individually documented parole dates. The source does not supply the missing original booking or exact earlier bail days. Existing case dates, later outcomes and custody intervals remain unchanged.

Amnesty’s account describes the case as it stood in February 1978; its call for pardon is historical advocacy, not a statement that the later vacatur and pardons had not occurred.

Amnesty International Newsletter, February 1978, page 3.

Before the Wilmington Ten prosecution, Chavis was separately arrested during the October 1971 Wilmington confrontations. The contemporary account says police searched his car for guns, found none, and arrested him for lacking the vehicle’s registration. He was released on bond the next day. This short arrest-and-bond episode is distinct from the later arson prosecution.

Original document 1248, PDF page 3; Original document 1248, PDF page 13.

The individually captioned Wilmington Ten photo roster accompanies a report that all three key prosecution witnesses had recanted by March 8. The article alleges bribery, coaching and threats by prosecutors and says a May hearing on a new trial was scheduled. It describes the 1972 convictions and 282-year collective total, which is not assigned as any individual’s term. Proposed retrial proceedings are not an accomplished vacatur, acquittal or release. The source’s Tindell, Sheppard and William Wright II caption variants are resolved through the named Wilmington group and existing identities.

Workers Vanguard, March 25, 1977, PDF page 3.

The Wilmington Ten report describes Alan Hall’s October 12, 1976 recantation affidavit, alleging pressure from prosecutors and federal agents and denying personal knowledge of the charged events. It distinguishes the first June 1972 mistrial, later trial, initial bail and subsequent imprisonment after direct appeals failed. The pending federal habeas request and renewed bail application are not accomplished relief or release. The reported 282 years is an aggregate; individual maximums and Anne Sheppard’s accessory conviction are distinguished from the other defendants’ charges.

The Militant, October 22, 1976, PDF page 16.

In a January 28, 1978 interview at McCain, Chavis attributed his March 1976 transfer from Caledonia to retaliation for discussing prisoners’ rights. He also reported obtaining a court order allowing direct family contact.

Federal Judicial Center, registry 2792, pages 6, 7.

Cases

North Carolina state courts
Charges: Arson; conspiracy (Wilmington Ten case, 1971 firebombing of Mike's Grocery; convictions overturned 1980, pardoned 2012)
Arrested: Feb 29, 1972
Sentenced: Oct 16, 1972
Incarcerated: February 1976
Released: Dec 14, 1979
Sentence: 34 years (longest of Wilmington Ten); paroled December 1979; convictions vacated December 4, 1980; pardoned of innocence December 31, 2012.
Prosecutor: Jay Stroud (Asst. District Attorney) — later exposed for "KKK OK" jury notes
Judge: Robert Martin (NC Superior Court)
Convicted: Yes
Institution State: North Carolina
Charges: Automobile registration accusation after a police search during the October 1971 Wilmington confrontations
Arrested: October 1971
Incarcerated: October 1971
Released: October 1971