Not a hate crime?!

[ch1525]

This is so disgusting...

http://www.ohio.com/news/50172282.html

Akron police investigate teen mob attack on family
By Phil Trexler
Beacon Journal staff writer

Akron police say they aren't ready to call it a hate crime or a gang initiation.

But to Marty Marshall, his wife and two kids, it seems pretty clear.

It came after a family night of celebrating America and freedom with a fireworks show at Firestone Stadium. Marshall, his family and two friends were gathered outside a friend's home in South Akron.

Out of nowhere, the six were attacked by dozens of teenage boys, who shouted ''This is our world'' and ''This is a black world'' as they confronted Marshall and his family.

The Marshalls, who are white, say the crowd of teens who attacked them and two friends June 27 on Girard Street numbered close to 50. The teens were all black.

''This was almost like being a terrorist act,'' Marshall said. ''And we allow this to go on in our neighborhoods?''

They said it started when one teen, without any words or warning, blindsided and assaulted Marshall's friend as he stood outside with the others.

When Marshall, 39, jumped in, he found himself being attacked by the growing group of teens.

His daughter, Rachel, 15, who weighs about 90 pounds, tried to come to his rescue. The teens pushed her to the ground.

His wife, Yvonne, pushed their son, Donald, 14, into bushes to keep him protected.

''My thing is,'' Marshall said, ''I didn't want this, but I was in fear for my wife, my kids and my friends. I felt I had to stay out there to protect them, because those guys were just jumping, swinging fists and everything.

''I'm lucky. They didn't break my ribs or bruise my ribs. I thank God, they concentrated on my thick head because I do have one. They were trying to take my head off my spine, basically.''

After several minutes of punches and kicks, the attack ended and the group ran off. The Marshalls' two adult male friends were not seriously hurt.

''I don't think I thought at that moment when I tried to jump in,'' Rachel Marshall said. ''But when I was laying on the ground, I was just scared.''

Marshall was the most seriously injured. He suffered a concussion and multiple bruises to his head and eye. He said he spent five nights in the critical care unit at Akron General Medical Center.

The construction worker said he now fears for his family's safety, and the thousands of dollars in medical bills he faces without insurance.

''I knew I was going to get beat, but not as bad as I did,'' Marshall said. ''But I did it to protect my family. I didn't have a choice. There was no need for this. We should be all getting along. But to me, it seems to be racist.''

Akron police are investigating. Right now, the case is not being classified as a racial hate crime. There were no other reports of victims assaulted by the group that night.

The department's gang unit is involved in the investigation, police said.

''We don't know if it's a known gang, or just a group of kids,'' police Lt. Rick Edwards said.

The Marshalls say they fear retaliation at home or when they go outside. They are considering arming themselves, but they're concerned about the possible problems that come with guns.

For now, they are hoping police can bring them suspects. They believe they can identify several of the attackers.

''This makes you think about your freedom,'' Marshall said. ''In all reality, where is your freedom when you have this going on?''

[Barry]

If it actually happened, I share your feelings. I'm a little skeptical if there are no other reports of any trouble coming from this gang. It seems odd that they'd go out in those kinds of numbers looking for trouble and not be noticed by anyone else. We had a high profile case here recently where a woman claimed to have been kidnapped with her daughter by a couple African-Americans. Turned out she made the whole thing up. Of course, in this case, the man's injuries are proof that something did indeed happen. I suspect we'll know soon enough whether it actually happened as claimed or not.

I don't think hate crime laws are necessary because there are already laws on the book that cover the same crimes. But if they exist in a given state, they shouldn't be applied only when a minority is being attacked.

[ch1525]

I wouldn't doubt for one second that it actually happened. Also, I'm not surprised one bit to see it not labeled as a hate crime even though it couldn't be any clearer that it was. If the situation was reversed and a group of white teens beat up a black family saying "It's a white world", it would instantly be classified as a hate crime. The double standard is so incredibly frustrating and disgusting to me.

[Cyril Ignatius]

I wouldn't doubt for one second that it actually happened. Also, I'm not surprised one bit to see it not labeled as a hate crime even though it couldn't be any clearer that it was. If the situation was reversed and a group of white teens beat up a black family saying "It's a white world", it would instantly be classified as a hate crime. The double standard is so incredibly frustrating and disgusting to me.

Agreed. So many of our public policies are emotion driven. And as Shelby Steele puts it - policies driven by a need for redemption. Unfortunately, the policies don't improve the underlying problems they are supposed to address, they make them worse. And we keep these public policies that are patently racist so we can feel good about ourselves. It makes no rational sense. But neither were the policies created by rational sense.

[RebLem]

If it actually happened, I share your feelings. I'm a little skeptical if there are no other reports of any trouble coming from this gang. It seems odd that they'd go out in those kinds of numbers looking for trouble and not be noticed by anyone else. We had a high profile case here recently where a woman claimed to have been kidnapped with her daughter by a couple African-Americans. Turned out she made the whole thing up. Of course, in this case, the man's injuries are proof that something did indeed happen. I suspect we'll know soon enough whether it actually happened as claimed or not.

I don't think hate crime laws are necessary because there are already laws on the book that cover the same crimes. But if they exist in a given state, they shouldn't be applied only when a minority is being attacked.

Barry, your words of caution in your first paragraph get a tip of the hat from me. I find it disturbing that they have fallen on at least 4 ears deaf to your plea to avoid a rush to judgment.

The point you raise in your second paragraph is one which is often stated. Originally, of course, we got these hate crime laws at the federal level because, in many cases, local courts and juries ignored clear evidence of criminal charges when the perpetrators were white and the victims African American. So, we enacted federal statutes so perpetrators could be convicted of at least something that would send them away for a number of years.

Of course, it has expanded far beyond that. Local governments pass such laws now, and for other reasons. The fact is that hate is a powerful motivator. The killers of Matthew Sheppard knew that murder was illegal and that they could be arrested for it. But their sense of their community was so skewed that they thought they could get away with it, that people would wink and say, "Yeah, OK, we accept that you didn't do it, but don't do it again," and cut them loose. They just, for whatever reason--family upbringing or whatever subculture they are part of--have an old-timey view of the sensibilities of the larger society. They just haven't gotten the message. So, it is necessary from time to time, to see that they get the message. And the community at large accomplishes that by passing hate crimes legislation. When certain groups of people are still suffering a disparate impact from offenses motivated by hate, it is necessary to do these things to see that their victims get the equal protection of the laws.

[RebLem]

FBI asked to investigate attack on white family near Firestone Park

By Phil Trexler
Akron Beacon Journal staff writer

POSTED: 06:14 p.m. EDT, Jul 10, 2009

The FBI has been asked to join Akron police in investigating the attack on a white family by a group of black teens near Firestone Park.

In a letter to the FBI dated today, Mayor Don Plusquellic asks the federal agency's local office to help determine whether any civil-rights violations or hate crimes occurred during the attack last month on Marty Marshall and his family.

The investigation is being supported by civil-rights activist the Rev. Al Sharpton.

''Accounts from the victim have indicated his assailants prefaced the attack with statements that could indicate a racial motivation to the crime,'' Plusquellic wrote in his letter.

''Our priority is the same as it is with every crime: to find justice for the victims. But, it is also important that we carefully examine the motivation behind this attack and address that if necessary.''

Marshall, 39, spent five days in Akron General Medical Center after a group of black teens attacked him, his wife, two children and two adult male friends.

Akron police have confirmed from witnesses that the attack by 30 to 50 teens was unprovoked and that no words were exchanged before the attack.

The victims say the group shouted, ''This is our world,'' during the assault. Marshall says he also heard chants of, ''This is a black world.''

The assault, in which Marshall suffered extensive head injuries from repeated kicks and punches to his skull, has not yet been ruled a hate crime by Akron police.

Police told the Marshalls this week that they were unaware of the chants until reading about them in the newspaper.

Marshall, in an interview today, said police questioned him late Wednesday night about the attack and the chants he heard. His wife, Yvonne Marshall, said she recalls telling officers and a detective about the chants the night of the attack.

The remarks are not noted in a police report released by the department. A box to denote whether the attack was a hate crime is marked ''no bias/not applicable.''

''I was offended,'' Yvonne Marshall said today of the follow-up interview with police. ''The detective who was questioning me made me feel like I'm a liar, or that we didn't say it.

''I know I told them that night that the group was saying, 'This is our world.' The whole interview made me feel very uncomfortable.''

The assault occurred on Girard Street outside the home of a friend of Marshall. The friends had just returned from watching the fireworks at Firestone Park on June 27. Out of nowhere, the six were attacked by dozens of black teenage boys.

It started when one teen, without warning, stormed in and assaulted Marshall's friend, knocking him to the ground.

Marty Marshall, a construction worker, went to help his friend and protect his family and found himself being attacked by the growing group of teens.

His daughter, Rachel, 15, tried to come to his rescue. The teens pushed her to the ground.

A friend in a wheelchair was not assaulted.

Yvonne Marshall said she pushed their son, Donald, 14, into bushes to keep him protected.

After several minutes of punches and kicks, the group ran off. The Marshalls' two adult male friends were not seriously hurt.

Marty Marshall suffered a concussion and bruises to his head and eye. He spent five nights in the critical care unit at Akron General Medical Center. The family has no medical insurance and Marshall has not worked since the attack. [I don't know what the situation is in most states, but if what the Marshalls say is true and they cooperate with the police, their medical bills could, I believe, be paid in most states by crimes victims compensation funds. RebLem]

Marshall said this week he believed the attack was racially motivated.

Support for the Marshalls arrived this week from the Rev. Sharpton, a national activist for the black community. A spokesman said Sharpton is aware of the attack and does not condone the behavior of the teens.

Sharpton's National Action Network supports the FBI investigation, the spokesman said.

''These teens need to be punished as much as any dumb redneck in white sheets,'' said Richard Jones, a Sharpton spokesman based in Cleveland. ''Nobody should be attacked like this, whether they are black or white. These young men who are responsible need to be brought to justice.''

Plusquellic would not comment beyond the letter and a written statement, spokesman Mark Williamson said.

In the statement, the mayor said the investigation into the attack will try to determine whether it ''falls under the category of a violation of civil-rights protection and should, consequently, be considered a 'hate crime.'

''This ruling must, by law, be made by federal authorities, and therefore we are asking for their assistance in this matter. Make no mistake, most important is that the perpetrators are caught and brought to justice. I know that our police department is doing everything it can to aggressively pursue the investigation into this horrible incident.

''I ask our citizens to not confuse the technical/legal issue of a federally designated 'hate crime' with the fact that our police department is taking all necessary steps to solve this crime.''

Police Chief Craig Gilbride did not respond to phone calls or a text message sent to him today for comment. The department spokesman also declined comment other than to say the attack remains under investigation.

Tina Merlitti, the Ward 7 councilwoman for the neighborhood where the attack occurred, did not return two messages left on her cell phone.

The Marshalls said they have been inundated with support in phone calls and e-mails from people across the United States, some offering condolences, some offering cash to help pay for Marty Marshall's medical bills.

A fund to aid the Marshall family has been set up with the Charter One Bank branch at 2147 East Ave, Akron, 44314.

''I'm dumbfounded, actually, that there are that many caring people out there,'' Marty Marshall said today. ''I'm just having a hard time grasping all this.''

Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com.

http://www.ohio.com/news/break_news/50495622.html

[nut-job]

I don't think hate crime laws are necessary because there are already laws on the book that cover the same crimes. But if they exist in a given state, they shouldn't be applied only when a minority is being attacked.

I generally agree, but consider this. If a homicide is premeditated the penalty is more severe than if it is not (i.e., a crime of passion). Is the crime premeditated if you decide to kill a random person as long as they are black (or white, asian, homosexual, left-handed, etc)? I'm not a big fan of "hate crime" laws, but I do think laws should be written so that a "random" racial, ethnic, religious, etc, crime is treated as pre-meditated and subject to the most severe penalties.

[slofstra]

What is a 'hate crime'? It seems to me that an assault is an assault no matter the motivation. But painting a swastika on a synagogue is not the same as painting John 'heart' Mary Lou on a highway bridge. The former example should be covered by 'hate crime' statutes.