san diego
Suspects plead not guilty in Pride hate crime attacks
District Attorney’s Office will seek to have juvenile tried as adult
Published Thursday, 10-Aug-2006 in issue 972
Three men and a juvenile pleaded not guilty in what prosecutors are classifying as hate crimes that occurred outside the San Diego LGBT Pride festival on July 29.
At an arraignment hearing on Aug. 3, San Diego Superior Court Judge David Szumowski set bail at $1 million for suspects James Carroll, 24, and Lyonn Tatum, 18.
Another suspect, Kenneth Lincoln, 23, whose identity was revealed at the hearing, was charged with being an accessory to the crime. Lincoln’s bail was set at $350,000.
“Our evidence was he [Lincoln] helped to conceal the identity and helped evade arrest of specifically Mr. Tatum because he shaved his hair off his head and he put tattoos on his arm,” Deputy District Attorney Oscar Garcia said.
Lincoln was charged with two additional counts of accessory because he allowed the three suspects to stay at his Banker’s Hill apartment, Garcia said.
The Banker’s Hill apartment, located on the 2100 block of First Avenue, was searched by the San Diego Police Department on July 31, and a baseball bat was recovered.
Lincoln, who has a prior criminal record for use of a deadly or dangerous weapon during a domestic violence crime, was on parole at the time of his arrest, Garcia said.
Carroll was arrested on the morning of Aug. 1 and faces two counts of attempted murder, one count of conspiracy to commit robbery and multiple counts of assault with a deadly weapon with hate crime allegations, which could add additional time to a prison term conviction.
Tatum also was taken into custody on Aug. 1 and faces multiple charges of assault with a deadly weapon, one count of conspiracy to commit robbery and hate crime allegations.
The juvenile was arrested Aug. 1 in the downtown area, according to SDPD media services manager Mónica Muñoz.
A defense lawyer for the 16-year-old entered a plea of not guilty to six counts of assault with a deadly weapon, one count of conspiracy to commit robbery and hate crime allegations at a hearing in juvenile court on Aug. 4.
Garcia said the District Attorney’s Office would seek to have the juvenile tried as an adult due to the severity of the crimes. Judge Andrew Kurz ordered the 16-year-old to remain in juvenile hall pending additional hearings. A status hearing has been set for Aug. 23 to determine further proceedings.
Currently, the 16-year-old has not been charged with attempted murder, but the charge could come later if the District Attorney’s Office is able to prosecute him as an adult, Garcia said.
Defense attorney Robert Bourne, who represents the juvenile, told multiple news outlets prosecutors may have accused the defendants of committing hate crimes because the assaults occurred on the day of the Pride festival, but he said the attacks may not have been hate crimes.
Six gay men were attacked with baseball bats in five separate incidences as they were walking from the Pride festival around 10:45 p.m. on July 29. The attacks took place over the course of several minutes as the six men walked along a path behind the lawn bowling area in Redwood Circle in Balboa Park, east of Sixth Avenue and north of Laurel Street.
Three white males confronted the victims with at least two baseball bats. According to police reports, the attackers made anti-gay remarks before a fight broke out in which the attackers proceeded to beat the men with the bats. One victim was stabbed in the back, police said.
The SDPD said the victims have nonfatal injuries that range from a superficial stab wound to severe head trauma. Oscar Foster was the most seriously injured victim, who was hit in the head and upper body 10 to 12 times and suffered a fractured skull and various facial injuries. Foster is currently in the hospital awaiting reconstructive surgery on his face, Garcia said.
The other five victims’ names were revealed during the hearing: Marlon Morales, Jason Bemis, Joseph Perez, Carlos Davis and Paul Mullins.
Garcia told the judge that witnesses at an apartment on First Avenue near Hawthorn Street heard Carroll and Tatum talking on the evening of the attacks about going out to rob people in order to get money for drugs and alcohol. Garcia said another witness saw three males in dark clothing, with one concealing a baseball bat down his pants. The witness suspected what was about to happen, called the police and then heard a man yell anti-gay and derogatory remarks as he started to run toward a group of victims, Garcia said.
“He [the witness] hears the bat hitting what sounds like hitting body parts and the yelling. Then we have the victims themselves who have reported being whacked with a bat [on] the head several times,” Garcia said. “… We have six separate victims who have reported being hit with the bat or stomped on.”
A status conference for the three adult suspects has been scheduled for Aug. 10 at a downtown courthouse. A preliminary hearing is scheduled for Aug. 16.
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