Wednesday, April 10, 2013

Washington Man Indicted on Federal Hate Crime Charge Related to Racially Motivated Assault


WASHINGTON—The Department of Justice today announced that a federal grand jury sitting in Seattle has indicted Jamie Larson, 49, on a federal hate crime charge relating to a racially motivated assault of a 50-year-old Sikh man.
“Attacks such as this one, based on prejudice and racial hate, are contrary to who we are and violate the law,” said U.S. Attorney Jenny A. Durkan. “Protecting the civil rights of all the members of our community is a top priority for our office.”
Jamie Larson has been charged with one count of violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act that was enacted in October 2009. The indictment alleges that on October 17, 2012, the subject assaulted the victim based upon the victim’s actual and perceived race, color, and national origin, which included Middle Eastern and Arab descent. The defendant was arrested at the scene of the attack after a witness called 911.
Larson will appear in U.S. District Court in Seattle at 1:30 today.
The charge carries a statutory maximum of 10 years in prison.
The Shepard-Byrd Law criminalizes acts of physical violence causing bodily injury motivated by any person’s actual or perceived race, color, national origin, religion, sexual orientation, gender, gender identity, or disability.
The matter is being investigated by the Seattle Division of the FBI. The case is being prosecuted by Assistant U.S. Attorney Bruce F. Miyake of the U.S. Attorney’s Office for the Western District of Washington and Trial Attorney Nicholas Durham of the U.S. Department of Justice’s Civil Rights Division.
An indictment is merely an accusation, and the subject is presumed innocent unless proven guilty.
Press contact for the U.S. Attorney’s Office is Emily Langlie at (206) 553-4110 or Emily.Langlie@usdoj.gov.

Wednesday, March 20, 2013

Aryan Brotherhood Inmate Sentenced for Federal Hate Crime for Assaulting Fellow Inmate

WASHINGTON—John Hall, 27, an Aryan Brotherhood member and inmate at the Federal Correctional Institution (FCI) in Seagoville, Texas, was sentenced today by U.S. District Judge Reed O’Connor after pleading guilty to violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, stemming from his assault of a fellow inmate, whom he believed to be gay, the Department of Justice announced. Hall assaulted his fellow inmate with a dangerous weapon, causing bodily injury to the victim on December 20, 2011. Hall was sentenced to serve 71 months in prison, to be served consecutively with the sentence he is currently serving.
The assault occurred on December 20, 2011, inside the FCI Seagoville when Hall targeted and attacked the victim, a fellow inmate, because he believed the victim was gay or involved in a sexual relationship with another male inmate. Hall repeatedly punched, kicked, and stomped on the victim’s face with his shod feet, a dangerous weapon, while yelling a homophobic slur. The victim lost consciousness during the assault and suffered multiple lacerations to his face. The victim also sustained a fractured eye socket, lost a tooth, fractured other teeth, and was treated at a hospital for the injuries he sustained during Hall’s unprovoked attack. Hall pleaded guilty to violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act on November 8, 2012.
“Brutality and violence based on sexual orientation has no place in a civilized society,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to using all the tools in our law enforcement arsenal, including the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, to prosecute acts motivated by hate.”
“This prosecution sends a clear message that this office, in partnership with attorneys in the department’s Civil Rights Division, will prioritize and aggressively prosecute hate crimes and others civil rights violations in North Texas,” said U.S. Attorney Sarah R. SaldaƱa of the Northern District of Texas.
This case was investigated by the FBI Dallas Division. The case was prosecuted by Assistant U.S. Attorney Errin Martin and Trial Attorney Adriana Vieco of the Civil Rights Division.

Wednesday, March 13, 2013

Centre County Man Sentenced to Prison for Burning Cross on Woman’s Lawn

JOHNSTOWN, PA—A resident of Centre County, Pennsylvania has been sentenced in federal court to one year and a day of incarceration and three years’ supervised release on his conviction of a charge of interfering with housing, United States Attorney David J. Hickton announced today.
United States District Judge Kim R. Gibson imposed the sentence yesterday on Ryan M. Held, a/k/a Ryan M. Foley, 21, formerly of 133 Hemlock Street, Philipsburg, Pennsylvania.
According to information presented to the court, on August 20, 2010, Held, by force and threat of force, willfully intimidated and interfered with two minor victims—one of whom was an African-American male, because of his race and because he was occupying a dwelling; and one of whom was a female who was and had been lawfully allowing such African-American male, a friend, to occupy the dwelling in which she resided. During the afternoon of August 20, Held drove past the female victim’s home in Woodland, Pennsylvania, and saw her socializing with a few friends, one of whom was African-American. Just before midnight, Held returned to the property and placed a cross in the front yard of the female victim, approximately 60 feet from the entry to her home, and set it on fire for the purpose of intimidating and interfering with her and her African-American friend. Held spent a few minutes laying in the woods bordering the property watching the cross burn and waiting to see if anyone emerged from the residence.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government, together with Trial Attorney Roy Conn of the Civil Rights Division of the Department of Justice.
U.S. Attorney Hickton commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Held.

Friday, March 8, 2013

Centre County Man Sentenced to Prison for Burning Cross on Woman’s Lawn

JOHNSTOWN, PA—A resident of Centre County, Pennsylvania has been sentenced in federal court to one year and a day of incarceration and three years’ supervised release on his conviction of a charge of interfering with housing, United States Attorney David J. Hickton announced today.
United States District Judge Kim R. Gibson imposed the sentence yesterday on Ryan M. Held, a/k/a Ryan M. Foley, 21, formerly of 133 Hemlock Street, Philipsburg, Pennsylvania.
According to information presented to the court, on August 20, 2010, Held, by force and threat of force, willfully intimidated and interfered with two minor victims—one of whom was an African-American male, because of his race and because he was occupying a dwelling; and one of whom was a female who was and had been lawfully allowing such African-American male, a friend, to occupy the dwelling in which she resided. During the afternoon of August 20, Held drove past the female victim’s home in Woodland, Pennsylvania, and saw her socializing with a few friends, one of whom was African-American. Just before midnight, Held returned to the property and placed a cross in the front yard of the female victim, approximately 60 feet from the entry to her home, and set it on fire for the purpose of intimidating and interfering with her and her African-American friend. Held spent a few minutes laying in the woods bordering the property watching the cross burn and waiting to see if anyone emerged from the residence.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government, together with Trial Attorney Roy Conn of the Civil Rights Division of the Department of Justice.
U.S. Attorney Hickton commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Held.

Tuesday, February 12, 2013

Sixteen People Sentenced to Prison for Religiously Motivated Assaults on Practitioners of the Amish Religion

WASHINGTON—Sixteen people were sentenced to prison today for hate crimes arising out of a series of religiously motivated assaults on practitioners of the Amish religion, announced Thomas E. Perez, the Assistant Attorney General for the Civil Rights Division; Steven M. Dettelbach, the U.S. Attorney for the Northern District of Ohio; and Stephen Anthony, Special Agent in Charge of the FBI’s Cleveland Field Office.
The defendants all reside in Bergholz, Ohio, unless otherwise noted. Samuel Mullet, 67, received a 15 -year sentence. Johnny S. Mullet, 39; Lester Mullet, 28, of Hammondsville, Ohio; Levi F. Miller, 54; and Eli M. Miller, 33, received seven-year sentences. Daniel S. Mullet, 38; Lester Miller, 38; and Emanuel Schrock, 44, received five-year sentences. Raymond Miller, 28, of Irondale, Ohio; and Linda Shrock, 45, both received two-year sentences. Freeman Burkholder, 32, of Irondale; Anna Miller, 33; Elizabeth A. Miller, 38, of Irondale; Emma J. Miller, 38; Kathryn Miller, 23, of Irondale; and Lovina Miller, 33, all received a sentence of one year and one day.
A jury found the defendants guilty last September following a lengthy trial. The convictions stem from five separate assaults that occurred in four Ohio counties between September and November 2011. In each assault, defendants forcibly removed beard and head hair from practitioners of the Amish faith with whom they had ongoing religious disputes.
The manner in which Amish men wear their beards and Amish women wear their hair are symbols of their faith, according to trial testimony.
Samuel Mullet, Sr., Johnny S. Mullet, Daniel S. Mullet, Lester S. Mullet, Levi F. Miller, Eli M. Miller, Emanuel Shrock, Lester Miller, Raymond Miller, Freeman Burkholder, Anna Miller, and Linda Shrock were convicted of conspiracy to violate Title 18, U.S. Code, Section 249, also known as the Matthew Shepard-James Byrd Hate Crimes Prevention Act, which prohibits any person from willfully causing bodily injury to any person, or attempting to do so by use of a dangerous weapon, because of the actual or perceived religion of that person, and Title 18, U.S. Code, Section 1512, which prohibits obstruction of justice, including witness tampering and the destruction or concealment of evidence.
The jury also convicted various groups of defendants with separate assaults and Samuel Mullet, Sr. and Lester Mullet with concealing or attempting to conceal various items of tangible evidence, including a camera and photographs of the attacks.
Samuel Mullet, Sr. is the bishop of the Amish community in Bergholz, while the remaining defendants are all members of that community. Mullet, Sr. exerted control over the Bergholz community by taking the wives of other men into his home and by overseeing various means of disciplining community members, including corporal punishment, according to trial testimony.
As a result of religious disputes with other members of the Ohio Amish community, the defendants planned and carried out a series of assaults on their perceived religious enemies. The assaults involved the use of hired drivers, either by the defendants or the alleged victims, because practitioners of the Amish religion do not operate motor vehicles. The assaults all entailed using scissors and battery-powered clippers to forcibly cut or shave the beard hair of the male victims and the head hair of the female victims, according to trial testimony.
During each assault, the defendants restrained and held down the victims. During some of the assaults, the defendants injured individuals who attempted to intervene to protect or rescue the victims. Following the attacks, some of the defendants participated in discussions about concealing photographs and other evidence of the assaults, according to evidence presented at trial.
“From the time of its founding as a nation, the United States of America has always been a beacon for those who seek religious freedom,” said Assistant Attorney General Perez. “The Department of Justice and the Civil Rights Division will vigorously defend every American’s right to worship in the manner of their choosing, including the members of the defendants’ community. However, violent assaults are not a form of religious expression. The actions of the defendants were designed to terrorize the victims, desecrate sacred symbols of their faith, and interfere with their right to worship. These prosecutions reflect the fact that the Department of Justice will not tolerate religiously motivated violence.”
“From day one, this case has been about the rule of law and defending the right of people to worship in peace. This was never about ‘haircuts.’ These were violent, religiously motivated home invasions that left the victims bloody, bruised, and beaten,” said U.S. Attorney Dettlebach. “Our nation was founded on the bedrock principle that everyone is free to worship how they see fit. Violent attempts to attack this most basic freedom have no place in our country.”
“This case is an excellent example of cooperation between the many law enforcement agencies that investigated these crimes, along with the prosecution team from the United States Attorney’s Office and the Department of Justice,” said FBI Special Agent in Charge Anthony. “The FBI is committed to investigating hate crimes, including those perpetrated against people motivated by bias toward religion as in this case, or other areas protected by our civil rights statutes.”
This case was investigated by the Cleveland Division of the FBI and was prosecuted by Assistant U.S. Attorneys Thomas Getz and Bridget M. Brennan of the U.S. Attorney’s Office for the Northern District of Ohio and Deputy Chief Kristy Parker of the Civil Rights Division’s Criminal Section. The prosecutor’s and sheriff’s offices from Holmes, Carroll, Jefferson, and Trumbull Counties also provided significant assistance in the investigation and prosecution of this case.

Friday, February 8, 2013

Detroit Man Sentenced for Anti-Gay Hate Crime

WASHINGTON—Everett Dwayne Avery, 26, of Detroit, was sentenced today by U.S. District Judge John Corbett O’Meara after pleading guilty to committing a hate crime by assaulting a man because the man was gay. Avery was sentenced to serve 18 months in prison, to be followed by three years of supervised release.
The assault occurred on March, 7, 2011, while Avery and the victim were at a convenience store in Detroit. Avery used anti-gay slurs toward the victim as Avery and the victim waited in line in the convenience store. Shortly after the first slurs, while still in the store, Avery used another anti-gay slur and punched the victim in the face, fracturing the victim’s eye socket. Avery pled guilty to violating the federal Hate Crimes Protection Act on August 29, 2012.
“Hate-fueled incidents like this one have no place in a civilized society,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to using all the tools in our law enforcement arsenal, including the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, to prosecute acts motivated by hate.”
“Congress has made it clear that it is a crime to assault people solely on the basis of their sexual orientation. Prosecutions under this law are important to ensure that all people in our community know that they have the full protection of the law,” said U.S. Attorney for the Eastern District of Michigan Barbara McQuade.
Special Agent in Charge Foley stated, “Hate crimes have no place in a civilized society. We are a nation of laws, and our laws embrace diversity and differences. The law does not tolerate the type of hate demonstrated in this matter, and the FBI will investigate and put forth for prosecution a violation of that law.”
The case was investigated by the FBI. The case was prosecuted by Assistant U.S. Attorney Pamela Thompson from the U.S. Attorney’s Office and Trial Attorney Sanjay Patel from the Civil Rights Division of the U.S. Department of Justice.

Wednesday, January 23, 2013

Three Yuba County Men Charged with Hate Crime for Attack on African-American Woman and White Man

SACRAMENTO, CA—Billy James Hammett, 28, and Perry Sylvester Jackson, 27, both of Marysville; and Anthony Merrell Tyler, 32, of Olivehurst, were arrested today on federal hate crime charges for their racially motivated attack on an African-American woman and white man in Marysville, on April 18, 2011.
Hammett and Jackson were arrested today in Marysville and were arraigned before U.S. Magistrate Judge Dale A. Drozd. Not guilty pleas were entered. They will appear before U.S. District Judge John A. Mendez on January 29, 2013, at 9:45 a.m. Tyler surrendered today in Sacramento and will be arraigned on Wednesday.
The defendants were charged in a three-count indictment returned by a federal grand jury in Sacramento and unsealed today. They are charged with one count of conspiracy and two counts of violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. The Shepard-Byrd Act criminalizes certain acts of physical violence causing bodily injury motivated by any person’s actual or perceived race, color, national origin, religion, sexual orientation, gender, gender identity, or disability.
The indictment alleges that when an African-American woman accompanied by a white male drove into the parking lot of a convenience store, Jackson called the male a “n—— lover.” Hammett then approached the driver’s side of the car, using a racial epithet to refer to the African-American driver, while Jackson and Tyler attacked from the other side of the car. The indictment further alleges that Hammett and Jackson punched and kicked the African-American woman driver and white male passenger and that Tyler smashed the car windshield with a crowbar.
If convicted, the defendants could face a maximum sentence of five years in prison and a fine of $250,000 on the conspiracy charge and 10 years in prison and a fine of $250,000 on each of the two hate-crime charges. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory sentencing factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product on an investigation by the Federal Bureau of Investigation, Yuba County Sheriff’s Office, and the Yuba County District Attorney’s Office. Assistant U.S. Attorney R. Steven Lapham and Trial Attorney Chiraag Bains from the Justice Department’s Civil Rights Division are prosecuting the case.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.