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.

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.

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.

Joliet Man Pleads Guilty to Setting Fire in 2007 to Home of Neighboring African-American Family

CHICAGO—A Joliet man is facing an agreed maximum 10-year prison sentence after pleading guilty today to a federal civil rights crime for setting fire to the home of an African-American family on his street in 2007. The defendant, Brian James Moudry, admitted that at approximately 4 a.m. on June 17, 2007, he carried a can containing gasoline to the home, splashed the gasoline on the residence, and ignited it. No one was injured, although the home was occupied by eight children and an adult at the time of the fire.
Moudry, 36, formerly of the 300 block of South Reed Street, Joliet, pleaded guilty to using fire to interfere with the housing rights on the basis of race under the terms of an agreement that, if accepted, provide he will be sentenced to the maximum of 10 years on that count. U.S. District Judge Robert Gettleman scheduled sentencing for 10 a.m. on April 26.
Moudry has remained in federal custody without bond since he was arrested on May 30, 2012.
“One of our most important responsibilities is to protect members of all racial and ethnic groups from intimidation and violence,” said Gary S. Shapiro, Acting United States Attorney for the Northern District of Illinois, who announced the guilty plea with Cory B. Nelson, Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation.
According to the plea agreement, Moudry was upset that an African-American family rented a house at 318 South Reed St., on the same block as his house. He admitted that he set the fire because African-Americans were occupying the home and that he intended to interfere with their continued ability to rent the residence and to intimidate the owner from continuing to rent to African-Americans.
The government is being ­represented by Assistant U.S. Attorneys Nancy DePodesta and Steven Dollear.

Mississippi Man Pleads Guilty to Conspiring to Commit Hate Crimes Against African-Americans in Jackson

WASHINGTON—Joseph Dominick, 21, from Brandon, Mississippi, pleaded guilty today in U.S. District Court in Jackson, Mississippi, to one count of conspiracy to commit federal hate crimes in connection with his role in the assault of African-Americans in Jackson. Defendants Deryl Paul Dedmon, 20; John Aaron Rice, 19; Dylan Wade Butler, 21; William Kirk Montgomery, 23; and Jonathan Kyle Gaskamp, 20, all from Brandon, have previously entered guilty pleas in connection with their roles in these offenses. The conspiracy culminated in the death of James Craig Anderson, who was assaulted and killed on June 26, 2011.
The investigation conducted by the FBI revealed that, beginning in the spring of 2011, Dominick and others conspired with one another to harass and assault African-Americans in and around Jackson. On numerous occasions, the co-conspirators used dangerous weapons, including beer bottles, sling shots and motor vehicles, to cause, and attempt to cause, bodily injury to African-Americans. They would specifically target African-Americans they believed to be homeless or under the influence of alcohol because they believed that such individuals would be less likely to report an assault. The co-conspirators would often boast about these racially motivated assaults.
On an occasion predating the death of Mr. Anderson, Dominick, Montgomery, Butler, and others known to the government traveled to Jackson in Dominick’s truck for the purpose of finding and assaulting vulnerable African-Americans. The co-conspirators threw multiple glass beer bottles at African-American pedestrians. Dominick and his co-conspirators also purchased a sling shot and metal ball bearings to shoot at African-Americans and then took turns shooting the sling shot at multiple African-Americans they encountered.
On June 25, 2011, Dominick and others attended a party/bonfire in Puckett, Mississippi, to celebrate Dominick’s birthday. During the party, Dominick and others talked about going to Jackson to harass and assault African-Americans. By the early morning hours of June 26, 2011, Montgomery, Dedmon, Rice, Butler, and three other co-conspirators known to the government agreed to carry out their plan to find, harass and assault African-Americans. Dominick did not go to Jackson on June 26, 2011. That evening culminated in Dedmon deliberately using his Ford F250 truck to run over Mr. Anderson, causing injuries that resulted in Mr. Anderson’s death.
“We hope that today’s guilty plea provides further assurance to the victim’s family and to the community that the Department of Justice will leave no stone unturned to find those responsible for these senseless racially motivated attacks,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Our investigation is ongoing, and we will continue to pursue those who participated in this violent conspiracy, which culminated in the tragic death of James Craig Anderson.”
“The acts carried out by Dominick and his co-conspirators against African-Americans are absolutely reprehensible. Bringing these individuals to justice is a top priority of this office and we will continue to assist the Department of Justice Civil Rights Division in this investigation,” said U.S. Attorney Gregory K. Davis.
Daniel McMullen, Special Agent in Charge of the FBI’s Jackson Field Office, said, “The FBI continues to investigate the hate fueled assaults on African-Americans in and around Jackson, Mississippi, which include the attack on and resulting death of James Anderson on June 26, 2011. This behavior, which seeks to deprive others of their civil rights based on the color of their skin, cannot be tolerated.”
These guilty pleas were the result of a cooperative effort between the U.S. Attorney’s Office for the Southern District of Mississippi, the United States Department of Justice’s Civil Rights Division, and the Hinds County District Attorney’s Office. This case was investigated by the Jackson Division of the FBI and the Jackson Police Department. It is being prosecuted by Trial Attorney Sheldon L. Beer and Deputy Chief Paige M. Fitzgerald of the Civil Rights Division and Assistant U.S. Attorney Glenda R. Haynes of the U.S. Attorney’s Office for the Southern District of Mississippi

Indiana Man Pleads Guilty to Religiously Motivated Attack on Toledo-Area Mosque

An Indiana man faces a likely sentence of 20 years in prison after pleading guilty to hate crimes stemming from the arson of the Islamic Center of Greater Toledo, law enforcement officials announced today.
Randolph Linn, 52, of St. Joe, Indiana, pleaded guilty to three counts: (1) intentionally defacing, damaging, and destroying religious real property because of the religious character of that property; (2) using fire to commit a felony; and (3) using and carrying a firearm to commit a crime of violence.
Under the terms of the plea agreement, both parties recommend a sentence of 20 years in prison.
“The freedom to worship in the manner of one’s choosing is one of our most fundamental rights as Americans,” said AAG Thomas E. Perez. “The Department of Justice and the Civil Rights Division will continue to aggressively prosecute hate-based attacks on houses of worship. I commend the cooperative efforts of local and federal law enforcement officials to ensure justice in this case.”
Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, said, “Religious freedom is at the core of our country, and we will continue to aggressively prosecute such hate crimes whenever and wherever the evidence warrants. This was a true joint effort to seek justice for these victims.”
Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland Field Office, said, “We are pleased that Randall Linn has accepted responsibility for his destructive action of setting fire to a sacred place of worship. The FBI, along with its federal, state, and local law enforcement partners, remains committed to protecting the rights of all citizens to practice their chosen religion by enforcing the laws that defend those liberties.”
“This guilty plea represents the tireless efforts of so many agencies to bring this case to justice,” said Robin Shoemaker, Special Agent in Charge, Columbus Field Division, Bureau of Alcohol, Tobacco, Firearms, and Explosives. “Criminal damage to a house of worship is taken very seriously by ATF.”
According to court documents, Linn left his home on September 30, 2012, in a red four-door Chevrolet Sonic. Inside the vehicle were numerous firearms and three red gas cans.
Linn stopped at a gas station near Perrysburg, Ohio, and filled the three gas can and then drove to the Islamic Center of Greater Toledo. Linn made numerous efforts to enter the Islamic Center before gaining entry. He walked through several rooms with a handgun in his left hand before exiting and then returning with a red gas can, according to court documents.
Linn then entered the prayer room on the second floor and poured gasoline on the prayer rug, a large, Oriental-style rug used by members of the Islamic Center during prayer services. He then set fire to the prayer rug, according to court documents.
Linn acknowledges he intentionally set the fire because of the religious character of the Islamic Center property, according to court documents.
Linn agrees to pay restitution and understands that the amount may exceed $1 million due to the amount of fire and water damage sustained by the Islamic Center, according to court documents.
This case is being prosecuted by Assistant U.S. Attorneys Bridget M. Brennan and Ava Dustin and Special Assistant U.S Attorney Gwen Howe-Gebers.
This case was investigated by the Federal Bureau of Investigation, ATF, Perrysburg Township Police Department, and the State of Ohio Fire Marshal.

Two Kentucky men acquitted in landmark gay hate crime case

Two Kentucky men have been acquitted of hate-crimes charges in a first federal hate crimes trial of its kind trial involving an attack on a gay man.

Kevin Pennington

/ kentucky.com

But jurors found both Anthony Ray Jenkins and his cousin David Jason Jenkins guilty on the charges of kidnapping and conspiracy to a kidnapping in connection with the assault on 29-year-old Kevin Pennington last year at a rural state park.
They had been charged with violating a section of a federal hate-crimes law that has not previously been prosecuted in the U.S.
Assistant U.S. Attorney Hydee Hawkins told the jury earlier that the two men used anti-gay slurs while kicking, beating and stomping on Pennington.
"You don't have to agree with his lifestyle, but he's a human being, and he deserved better than this," Hawkins said.
CBS affiliate WKYT in Kentucky reports two female relatives of the defendants testified to the use of gay slurs in the assault.
Pennington sat in the courtroom occasionally wiping tears from his eyes as the attorneys spoke.
Throughout the trial, the defense argued that any dispute between the Jenkinses and Pennington was over a drug deal gone sour.
Andrew Stephens, the attorney for David Jason Jenkins, argued that his client had at least 21 beers on the day of the assault and was too drunk to have formulated a plan for such an attack.
"These people who were stoned and drunk were going to form a plan? When this event took place, they were all about drugs," Stephens said.
Attorney Willis Coffey, who represents Anthony Jenkins, argued that his client has an IQ of roughly 75 and was merely a follower who does not hate gay people. He called the allegations "the nearest thing to nothing I have ever seen."
Coffey said Pennington pushed the idea that he was attacked for being gay to serve his own political agenda. Coffey invoked the name of the Democratic president who is unpopular in Kentucky and lost badly there four years ago.
"If the government and President Obama want to bow to the special interest groups, that's their business, but they picked the wrong case," Coffey said.
U.S. Justice Department civil rights attorney AeJean Cha told jurors that the Jenkins cousins and two women planned to kidnap, beat and kill Pennington because of his sexual orientation.
"This is not about drugs, this is about the fact that Kevin is gay," Cha said.
Hawkins also played a tape of Pennington's 911 call after the attack. On the tape, Pennington's voice can be heard cracking as he tries to describe the attack and relay information about the Jenkinses.
"They're trying to kill me," Pennington told the 911 operator on April 4, 2011. "I didn't know what they were going to do. I think it's because I'm gay."
"Today is the day for accountability, ladies and gentlemen," Hawkins said.