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Crunching the Numbers

August 20

In Liberty Park in Salt Lake City, Utah, on this date in 1980, two black men, Ted Fields Jr., 18, and David L. Martin III, 20, were shot to death by a white supremacist serial killer, Joseph Paul Franklin (born James Clayton Vaughan Jr. on April 13, 1950 in Mobile, Alabama), as Mr. Fields and Mr. Martin were jogging with two white women. Joseph P. Franklin—who also shot civil rights leader Vernon Jordan Jr., and Hustler Magazine publisher Larry Flynt—was convicted and sentenced to death for the race-based slayings of Mr. Fields and Mr. Martin; and, Franklin was also convicted and sentenced for killing six others. On October 8, 1977, while walking through a synagogue parking lot in Patosi, Missouri, Gerald Gordon, Steven Goldman and William Ash, were shot by Franklin, killing Mr. Gordon and injuring Mr. Goldman and Mr. Ash. In February, 1997, a jury convicted Franklin for this anti-Semitic-based shooting, and sentenced him to death by lethal injection. In 1977 Franklin pleaded guilty to and was sentenced to life in prison for the July 29, 1978 sniper murder of Bryant Tatum (who was black) and attempted murder Mr. Tatum's white girlfriend Nancy Hilton, at a Pizza Hut restaurant in Chattanooga, Tennessee. In Cincinnati, Ohio on June 6, 1980, Franklin shot to death two African-American boys, Dante Brown, 13, and his cousin Darrel Lane, 14, who were walking to a convenience store. In 1985 Franklin was found guilty of killing interracial couple Alphonse Manning (who was black), 23, and Toni Schwenn (who was white), 23, at a shopping mall in Madison, Wisconsin. Suspected of killing at least 19 people between 1977 and 1980, Joseph P. Franklin—who at a young age was a member of the American Nazi Party, the Ku Klux Klan, and the National States Rights Party—is on death-row in a prison in Missouri.

On this date in 2007 in Virginia Beach, Virginia, Hans "Steve" Jaborek, 26, who resides in both Virginia Beach and Norfolk, Virginia, had arrest warrants issued for him for arson to a private property and a possible hate crime. Jaborek stands accused of spray-painting racial slurs on the car of Judy Brett and then setting it on fire on Barcelona Lane in Virginia Beach in the pre-dawn hours on this date in 2007. He was arrested four days later on August 24, 2007, in Norfolk.

In 2008 on this date in Hopewell, New York (Ontario County), Anne M. Ingalls, 41, a white woman who owns the hair salon, Just Your Style in downtown Canandaigua, New York, and her husband, Stephen Potter, 30, who live in Middlesex, New York (Yates County) were arrested and charged with fourth-degree grand larceny as a hate crime for allegedly stealing the purse of a Kid Rock concert-goer where racial slurs were alleged to have been used against the female victim from Irondequoit, New York. The alleged theft took place in the parking lot of the Constellation Brands-Marvin Sands Performing Arts Center immediately after the concert ended. Potter also stands accused of punching an Ontario County Sheriff’s Department sergeant, David Cirencione, in the face during the incident. Ingalls and Potter were arraigned in East Bloomfield Town Court on August 21, 2008. While Ingalls was released after her arraignment, Potter was sent to the Ontario County Jail after having been charged with second-degree assault; later that day he was arraigned on the hate crime larceny charge. Potter was then returned to jail in lieu of $15,000 cash or $30,000 bond. In March, 2009, the Ontario County District Attorney’s Office dropped hate crime charges against Ingalls and Potter because the alleged victim moved and could not be located.

In the early morning hours on this date in 2008 in Johnson City, Tennessee, three gay men—Matt Widner, 20, Johnathan Smith, 29, and Russell Onks, 40—who had been drinking at a gay bar, the New Beginnings, were said to have been accosted in the bar’s parking lot by two men in a pickup truck who used homophobic slurs during a physical assault on Mr. Onks. The gay men claimed that the two assailants had also been at the bar that night and had been “hitting on” bar patrons—perhaps trolling for a victim—before shouting homophobic slurs at all the bar patrons as they left the bar. Mr. Smith reported to the media his fear that if the two assailants had been successful in getting someone to leave the bar with them, worse violence than Mr. Onks’ having been punched while in the parking lot may have occurred. The gay men reported the incident to the police providing them with a license tag number, a description of the pickup truck, and physical descriptions of the two assailants.

On this date in 2009 at a Hess gas station in Smithtown, New York, a Suffolk County town that was 95.5% white at the time, Joseph Balance, 23, a white landscaper from Islandia, New York on Long Island, allegedly tried to kill a 49-year-old Muslim mother and her 20-year-old daughter, both of Smithtown, because of their religion by trying to run them over with his vehicle. Balance was charged with second-degree aggravated harassment out of the First District Court in Central Islip. He pleaded Not Guilty. Balance allegedly yelled at the women to take off their traditional Muslim clothing, and he is said to have told police, "This is not Iraq. They should not be dressing like that here. Send them back to Iraq."

In Florence, South Carolina on this date in 2010, an African-American teenager, Donnivin Brown, 16, was struck with a coffee mug, then had racial slurs hurled at him as he was repeatedly stabbed and cut on his face and neck with the broken mug by a white man, Chase Lewis McClary, 22, of Johnsonville, South Carolina. Donnivin Brown required 200 internal and external stitches to close his multiple wounds. Despite the eyewitness accounts that racial slurs were used during the unprovoked attack on Mr. Brown, Chase McClary was not charged with a hate crime, because South Carolina has no hate crime law; instead, following his arrest on Spetember 2, 2010, in Charlotte, North Carolina, McClary was charged with assault and battery of a high and aggravated nature. If convicted of his state charge, McClary could get up to 20 years in state prison. In addition, federal authorities investigated the case and charged Chase L. McClary with a federal hate crime; and, on June 20, 2012, Chase McClary, 23, pleaded guilty to violating the Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act. McClary's plea agreement called for a sentence of a mere 48 months in federal prison (40% of the maximum sentence). On November 13, 2012, Chase McClary, 24, was sentenced to four years in federal prison plus three years of supervised release. We have no information about the outcome of his state charge. It is not uncommon for persons involved in committing bias-motivated crimes to have a prior criminal record, and Chase McClary was previously arrested more than once for Assault & Battery (in South Carolina), and he was arrested previously for Breach of Peace, and Failure to Appear (both in Virginia).

On this date in 2010, Ryan M. Held, aka Ryan M. Foley, of Philipsburg, Pennsylvania (Centre County) burned a cross on a young woman's yard in Woodland, Pennsylvania (Clearfield County), because she was associating with an African-American male within the residence. On March 27, 2012, Ryan Held, 20, was indicted by a federal grand jury with violating the housing rights of the two victims by burning the cross for the purpose of threatening and intimidating the victims in order to interfere with their rights to occupy a dwelling free from racial discrimination. It was reported on October 2, 2012, by the FBI that Ryan Held, 21, ("Ryan Foley") pleaded guilty to two counts of interfering with the housing rights of his victims. Held faces up to 20 years in prison and fines up to $500,000; his sentencing is scheduled for February 7, 2013. It is not uncommon for residents of nearly all white communities to engage in bias-motivated crimes or to be charged with hate crimes, and as of the 2000 U.S. Census Philipsburg, Pennsylvania was 97.5% White, 0.3% Black or African-American, 0.2% Native American, 0.7% Asian, 0.3% from other races, and 1.0% from two or more races (Hispanics or Latinos of any race constituted 0.6% of the population). By comparison, as of the 2000 U.S. Census Woodland, Pennsylvania, where the cross-burning occurred, was 65.58% White, 28.51% Black or African-American, and 6.04% Hispanic or Latino of any race.

In Boynton Beach, Florida on this date in 2011 a white woman, Angelique Martinez, 23, allegedly attacked a firefighter who had responded to Martinez after she crashed her car in the 2200 block of South Congress Avenue. Martinez, who was allegedly driving under the influence when she crashed her car and who was booked in the Palm Beach County Jail, was charged with battery on a firefighter evidencing prejudice (a hate crime).

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