Man charged with burning cross in Grant Park to go free while he awaits trial

The Chicago man accused of burning a cross in Grant Park last week made his first court appearance on Thursday, as a judge denied prosecutors' request to keep him locked up until trial.

Merlin Lu, 21, is charged with two felony counts of hate crime, one felony count of property damage, one felony count of arson, and additional misdemeanor charges including disorderly conduct and burning a cross to intimidate.

At his first court appearance on Thursday, Cook County prosecutors sought to have him detained while he awaits trial, but the judge said the state failed to show what he allegedly did was a hate crime.

Lu will be released from custody, but the judge prohibited him from possessing fire-starting materials like wood or kerosene.

Prosecutors said Lu used a hammer and nails to make a cross from two pieces of wood in Grant Park shortly before 2 p.m. on June 9, wrapped it in toilet paper, doused it in kerosene, tied a red MAGA-like hat to the top of the cross, propped the cross against a tree, and set it on fire.

According to prosecutors, Lu was caught on video fleeing the scene while shirtless and carrying a backpack, and returning to his apartment.

Police recovered a hammer, box of nails, lighter, cigarette butt, and kerosene bottle cap near the tree and cross after the fire was put out. Prosecutors said detectives later matched surveillance images of Lu to his Illinois driver's license photo.

Detectives also traced the kerosene cap to a Home Depot, and determined Lu had purchased kerosene and a lighter from Home Depot on May 31.

After Lu was arrested, prosecutors said he admitted to assembling and burning the cross.

The burning cross was captured on video and posted on social media, leaving many outraged by the image associated with white supremacy and hate.

In court, Lu's defense attorney, Alexander Michael, said his client's motive was not hate, but a misguided political protest.

According to prosecutors, Lu told police he believes "The greatest threat to the American people is [President] Trump, [Jeffrey] Epstein, their billionaire pedophile friends, and their MAGA Christian nationalist base." He also denied any white supremacy associations and claimed he didn't know the significance or racial undertones of burning a cross.

Before ordering his release, Judge D'Anthony Thedford told Lu he wanted him to understand the severity of what he did by setting a fire in "Chicago's living room," saying all Chicagoans own Grant Park.

"Your protest put in jeopardy anyone who was in that park. This potentially could have cost someone their life," Thedford said.

Lu has no prior arrests. Under the conditions of his release, he must report to Cook County's pretrial services program, cannot commit another crime, and must not possess fire-starting materials, or he'll be back behind bars.

Lu is expected to be released from custody later on Thursday and is due back in court on June 22.