Prominent Philly activist sentenced to a year in prison for overturning a police car during the 2020 protests

A former Philadelphia teacher and social justice advocate who flipped a police car during the 2020 racial justice protests was sentenced Tuesday to one year and a day in federal prison — marking the final chapter of a high-profile case that has drawn widespread political attention and community outcry.

Anthony “Ant” Smith, a former social studies teacher and organizer with the Philadelphia Coalition for Racial, Economic and Legal Justice, apologized for his part in helping destroy a Philadelphia Police car in May 2020. Smith took accountability for the fact that, as protests over the police murder of George Floyd escalated into unrest, he kicked a vacant police car outside City Hall, then, with others, helped flip it over.

As the melee continued, someone fired a road flare into the vehicle, sending it up in flames, and as the fire roared, Smith threw a piece of paper into the blaze. Smith, 31, pleaded guilty earlier this year to one felony count of obstructing law enforcement during a civil disorder, which included aiding and abetting an arson.

Nearly 200 supporters of Smith gathered inside the courthouse Tuesday hoping to persuade U.S. District Judge Juan R. Sánchez through emotional testimony not to send Smith to prison.

Sánchez was receptive to their concerns and lauded the fact they showed up in court. He told Smith he was impressed by his work as a leader in the community and said it’s clear he has “lived with a passion for advocacy.” But that leadership, he said, “comes with a heavy price.”

“You failed, in that regard, all of us. Your influence was used in a negative way and impacted public safety,” Sánchez said.

For that reason, he said, he would sentence Smith to one year and a day in prison, plus two years of probation. The sentence fell short of the 30 to 36 months recommended by the guidelines for his crimes, and was far less than the nearly five years Sánchez handed the two other men convicted of burning the police car that day.

Smith, with the two others, must also pay $28,000 to replace the police vehicle.

Smith told Sánchez his actions were “immature and emotional,” and that he acted as a follower that day, not the leader the community has come to know.

His apology followed tearful statements from family, friends, and former students, who asked the judge to show mercy on Smith, who they called loving, dependable, and committed to serving the most vulnerable. And it came after 71 community members sent letters to the judge.

In the letters and testimony, people spoke of how Smith would stand at the finish line after running a 5K, shaking the hands and offering congratulations to every runner; how he gives out food to the less fortunate every Friday in West Philadelphia; and how he became “the most popular teacher” by supporting students and teaching conflict resolution.

“I genuinely feel if I did not meet Mr. Ant and see the things he stood for... I wouldn’t be doing the things I do today,” said Melanie Osborn, a former student of YouthBuild, the charter school where Smith worked that supports young adults working to earn their high school diplomas.

Smith’s lawyer, Paul Hetznecker, pointed to the fact that Smith has spent more than two years on house arrest, and that his felony conviction bars him from teaching for 10 years. That, he said, should be punishment enough.

“This is a bad moment in his life against a lifetime of altruism,” Hetznecker said.

Sánchez at times appeared moved by the testimony. The courtroom Tuesday was filled to capacity, as was a second overflow room, something Assistant U.S. Attorney Amanda R. Reinitz called “extraordinary.”

Still, she said, “when it came time to practice what he preaches... he chose destruction of property.”

The sentencing Tuesday was the final saga in a yearslong case that has drawn widespread outcry.

Smith was the most prominent of the six people charged by federal authorities for setting cop cars ablaze during the summer protests. At the time of his arrest in October 2020, he was seen as a central figure in Philadelphia’s racial justice movement, and had just become the lead plaintiff in a civil rights lawsuit against the city for its police response during those protests. (The city settled that lawsuit earlier this year for nearly $9.25 million.)

Then-U.S. Attorney William McSwain initially indicted Smith on federal arson charges — a crime that carries a mandatory minimum of seven years in prison.

Smith’s lawyer alongside members of Philadelphia’s activist community had accused the government of using the charges to intimidate protesters. They also accused McSwain, a Republican appointee of then-President Donald Trump, of using the case for political gain — the charges were brought one month before the general presidential election, which centered around crime, policing, and the nation’s divide over the Black Lives Matter movement.

As the case moved forward, federal prosecutors’ position on the case somewhat softened. And as U.S. Attorney Jacqueline C. Romero, an appointee of President Joe Biden, took over, prosecutors offered plea deals to all six of those facing arson charges. This allowed them to plead guilty to the lesser charge of civil disorder, which cut potential prison time down significantly.

Still, Smith’s case has stood out. While the five other defendants admitted, as part of the plea deal, to igniting police cars, Smith’s plea agreement made no mention of his directly setting anything on fire. Instead, he admitted to aiding and abetting the arson.

Outside the courthouse, Hetznecker said he was disappointed in the outcome.

“Justice is not served when a person like Anthony Smith ends up in federal prison,” he said.

Smith’s supporters agreed and said they planned to crowdfund the money needed for restitution.

Smith, for his part, showed little emotion throughout the day. He hugged his mother and thanked people for showing up, but largely stood on the edges of the crowd — a far cry from the outspoken organizer he was just three years ago.

He said he has grown more emotionally reserved and “colder” since his arrest, and that he’s less engaged in the community. In the short term, he said, he would focus on making sure his mother and siblings will be supported financially and emotionally in his absence when he begins his sentence Jan. 16.

“I’m hoping that the network of people that are here will still be here for me when I’m released,” he said.