Jury Finds Teens Not Guilty of Hate Crime in Beating Death of Latino

You don't have to have been from rural Pennsylvania to have been able to predict the outcome of this case:

Some satisfied, others outraged with verdict for immigrant's death

Friends and relatives of two teens accused in the beating death of a Mexican immigrant struggled to contain their relief as not-guilty verdicts were announced on the most serious charges against the former high school football stars Friday.

Gasps filled the courtroom and some had to be restrained by sheriff's deputies as they tried to rush the defense table after Derrick Donchak, 19, and Brandon Piekarsky, 17, were acquitted of aggravated assault, reckless endangerment and ethnic intimidation for the death of Luis Ramirez.

Piekarsky was also found not guilty of third-degree murder for the death of Ramirez, who died of blunt force injuries after an encounter with the teens last summer.

As Avery Friedman argues persuasively in the video from CNN yesterday, this was a pretty clear-cut case of jury nullification: the weight of evidence against the accused was so powerful that it's clear the all-white jury -- like similar juries in the South during the Civil Rights struggle -- was not going to convict two young white men of murdering a Mexican. Even if, as Friedman says, "the only reason he is dead is because he was Mexican."

Prosecutors alleged that the teens baited the Ramirez into a fight with racial epithets, provoking an exchange of punches and kicks that ended with Ramirez convulsing in the street, foaming from the mouth. He died two days later in a hospital.

Piekarsky was accused of delivering a fatal kick to Ramirez's head after he was knocked to the ground.

As they poured out of courthouse, the teens' supporters shouted "I was right from the start" and "I'm glad the jury listened" at cameras that caught the late-night verdict.

But Gladys Limon, a spokeswoman for the Mexican-American Legal Defense and Education Fund, said the jury had sent a troubling message.

"The jurors here [are] sending the message that you can brutally beat a person, without regard to their life, and get away with it, continue with your life uninterrupted," she said.

Considering some of the details of the killing, it's also inordinately clear this was a classic bias crime, with the incident instigated by racially charged taunts that made clear the victim was selected because of racial animus:

"Isn't it a little late for you guys to be out?" the boys said, according to court documents. "Get your Mexican boyfriend out of here."

... Burke recalled hearing one final, ominous threat as the teens ran. "They yelled, 'You effin bitch, tell your effin Mexican friends get the eff out of Shenandoah or you're gonna be laying effin next to him,' " she said.

That is, of course, the entire purpose of bias crimes: To hold the victim up as an example: "You're next." The purpose is to terrorize the target community, to drive them out, eliminate them.

My second book, Death on the Fourth of July: The Story of a Killing, a Trial, and Hate Crime in America, was a study of hate crimes that focused on a single case that occurred in rural Washington state in the summer of 2000, but used it to springboard to an exploration of the rural dimensions of the problem in some depth.

Specifically, it examines why rural areas are more vulnerable to bias crimes than urban or suburban regions. And a lot of it has to do with entrenched attitudes about social roles in those areas, combined with a slowness to recognize the need to enforce bias-crimes laws that's acute in rural America.

An excerpt:

Towns like Ocean Shores, whose economic health is directly tied to the sense of welcome and well-being enjoyed by its visitors—including minorities from urban centers—can be badly harmed by a hate crime. Yet, perceptions notwithstanding, is Grays Harbor genuinely a racist place?

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