Woman gets probation after leaking police interview

NEW HAVEN — A city woman was sentenced to two years probation Thursday after leaking portions of a confidential police interview with another individual on Facebook, according to the U.S. Attorney’s Office for Connecticut.

Diavion Hutchings, 19, previously pleaded guilty to one count of obstruction of justice, officials said in a release.

Hutchings allegedly viewed and recorded portions of a New Haven Police Department interview with another party, conducted as part of a criminal investigation, at a lawyer’s office in April 2019, then shared parts of the interview on Facebook Live, communicating “threats of harm” in the process, officials said in a release. The other party was sharing information regarding Hutchings’ her significant other, according to the release.

Defense Attorney W. Theodore Koch, in his sentencing memorandum, argued that Hutchings should not receive any time in prison.

He noted that this was her first conviction; that she had demonstrated “grit” and a “great capacity to love” over the course of her life, including dealing with the loss of her father and maternal grandmother, who raised her; and pointed to her youth, noting that her behavior was impulsive.

“(Hutchings) is not violent, nor does she sell or use drugs, and these are the main vices of her setting. The credibility of the words she uttered which support a finding of guilt was predicated on her friendly connections to the toughs of her environment. Her braggadocio was less machismo and more masquerade, but fueled with a numbness to truly realizing how others — such as the kid on the video, or the U.S. Attorney’s office — might perceive it,” Koch said. “A lot of the offense conduct is intertwined with a mischief-laden survival instinct. Now the mischief part has burned her. She realizes its potential tragic conclusions, and cares not to follow that path again.”

Assistant U.S. Attorney Maria Del Pilar Gonzalez argued that Hutchings should receive a 10- to 16-month sentence, in accordance with federal guidelines, for the crime.

She noted that Hutchings had chosen not to cooperate with law enforcement, expressing a fear of being labeled a snitch, which could lead others to harm her. The individual in the leaked video, she said, had faced that same fear; Hutchings then put them at risk.

“Ms. Hutchings makes much of her young age, arguing that her conduct was the result of impulsivity, careless risktaking, and a vulnerability to negative influences from her family and peers,” said Gonzalez. “It is hard to imagine how Person #1 would ever be able to return to (their) community after being exposed, threatened, and humiliated by Ms. Hutchings. (She) claims that she could not assist law enforcement in this case because, had she done so, she would be putting herself in danger of serious physical harm or death. The irony in that statement is palpable. Her conduct did exactly that — placed Person #1 in serious physical harm, and made (them) a target to others who shared a similar disdain for those who cooperate with law enforcement. Such conduct is worthy of serious punishment.”

Gonzalez suggested that the prison sentence might also deter others from threatening those that cooperate with law enforcement, noting that “oftentimes — perhaps most of the time” crimes such as shootings, robberies and homicides are only solved by law enforcement with the help of community residents.

Without that help and spirit of cooperation, she said, the safety of city residents is threatened.

“Cooperation of community members and, indeed, criminal defendants, is an integral part of the investigation and prosecution of violent crimes. But maybe most importantly, this cooperation is what keeps communities like New Haven safe,” said Gonzalez. “It is not just law enforcement that relies on cooperative efforts with the community — it is the parents that want their children to be able to play safely on the streets, it is the business owners that are trying to make a living, and it is all of the citizens of our cities that rely on each other for their safety and security.”

Judge Janet C. Hall sentenced Hutchings to two years probation Thursday, according to the release.