-
May 2, 2007 12:28 am US/Pacific
-
Digg |
Facebook |
E-mail
|
Print
Local Couple Frustrated After Alleged Hate Crime
by Serene Branson
SACRAMENTO (CBS13) ―
They say they were victims of a hate crime, and have the tape to prove it. A local gay couple captured a video on their digital camera. It's filled with slurs and profanity, but not enough for a hate crime conviction.
In the home video, you can hear a Sacramento couple's neighbor - threatening them and throwing rocks at their home, and spewing homophobic slurs.
The man, who does not want to be identified, made a citizen's arrest on his neighbor Cha Her. He says the police initially wouldn't make the arrest. Picked up on drug charges and now behind bars, Her was convicted of misdemeanor vandalism and making threats, but not of a hate crime. The couple can't understand why.
California penal code says a hate crime is interfering or intimidating with a person's, "...free exercise or enjoyment of any right because of the other person's race, color, religion, ancestry, national origin, disability, gender, or sexual orientation..."
The District Attorney's office told CBS13 they did initially charge Her with a hate crime, but plead down to a pair of misdemeanors. The Deputy District Attorney handling the case told CBS13 after re-interviewing, he did not believe they could convince a jury this was soly a felony hate crime. He said the barking dogs were the primary focus of the crime, the slurs were secondary.
This couple says they feel let down, from reporting the crime to conviction.
Her will be sentenced next Friday. He faces 6 months in could jail and 3 years probation, meaning he can't have any contact with the couple.
(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)