Tuesday, January 06, 2015

Why Isn’t This A Hate Crime?

I think the police should investigate the stabbing as a hate crime,
SF Ch7 ABC News
January 6, 2015

SAN FRANCISCO (KGO) -- A San Francisco transgender woman is recovering from a brutal stabbing attack over the weekend. It began when a man starting shouting slurs at the woman and her partner, but police say they won't investigate it as a hate crime.

Two victims got off a Muni bus on Saturday at Golden Gate and Van Ness avenues to get away from a man screaming insults at them. However, once they were on the sidewalk, he was right behind them with a knife.
"He started calling us faggots and started on this tirade about us being transgender women and defrauding people by pretending to be female," Raucci said.
If there was ever a hate crime that needed to be prosecuted this is it. His statements sure showed his motive for the crime was hatred against transgender people.
San Francisco police say it won't pursue hate crime charges because it doesn't meet the criteria. Hulsey and Raucci don't know why.

"I'd hate to think they're downplaying this as a hate crime because we're transgender and they don't understand that," Raucci said. 
Why are the police not investigating it as a hate crime and let a jury decide? Is it because of bias against us as the victim said?

Update 1/7/14:
Attacker is charged with a hate crime,
SF DA Charges Man With Hate Crime Charge After Transgender Woman, 24, Stabbed on Muni
By Lisa Fernandez
January 6, 2015

The San Francisco District Attorney's Office has charged a man with attempted murder and hate-crime enhancements after he allegedly stabbed a 24-year-old transgender woman on a Muni bus, and hurled epithets at her and her friend.

On Tuesday afternoon, Brodes Wayne Joynes, 54, was charged with attempted murder, assault with a deadly weapon, battery with serious bodily injury, two counts of criminal threats and false imprisonment. Spokesman Alex Bastian said all charges carry hate crime enhancements.


  1. Are the punishments for the crime of assault inadequate to properly punish the criminal or deter future bad behavior?

  2. Intent is important. It wasn't a simple assault, it was an assault to inflect fear.
    Just like in homicide intent makes a difference in sentencing.

  3. I'm shocked; this seemed like such a straight forward hate crime. :/

  4. Intent is often an element of a criminal prosecution. Most ADAs will want the sure conviction rather than stretching a charge and risking losing a case.
    Years ago the only crime that was statutorily punishable by death in NY was homicide of a police officer. Did the life of a police officer matter more than yours or mine?
    Gov. Mario Cuomo eliminated that distinction. He was against all capital punishment although he was a strong supporter of abortion.

  5. In this case the assailant by his statements ("faggots and started on this tirade about us being transgender women") cooked his own goose.

    And my guess is that the charges will be plea bargained down to a lessor charge. But now the DA has a stronger lever with the filing of Hate Crime charges.