san diego
Preliminary hearing scheduled for Pride festival attackers
Three adult suspects to appear in court on Sept. 12
Published Thursday, 17-Aug-2006 in issue 973
A preliminary hearing was set for Sept. 12 at a status hearing last week for three men who have been charged with various offenses including attempted murder, assault with a deadly weapon and hate crime allegations resulting from six men being attacked after leaving the San Diego LGBT Pride festival on July 29.
Three male suspects and a 16-year-old juvenile pleaded not guilty to the crimes.
On Aug. 3, San Diego Superior Court Judge David Szumowski set bail at $1 million for suspects James Carroll, 24, and Lyonn Tatum, 18.
Kenneth Lincoln, 23, another suspect, was charged with three counts of being an accessory to a crime after the fact. Lincoln’s bail was set at $350,000.
Deputy District Attorney Oscar Garcia said Lincoln helped to conceal the identity and evade arrest of the suspects, particularly of Tatum because he shaved his hair off his head and put tattoos on his arm. Lincoln allowed the three other suspects to stay at his Banker’s Hill apartment the evening of the attack, Garcia said.
Carroll faces two counts of attempted murder, one count of conspiracy to commit robbery and six counts of assault with a deadly weapon with hate crime allegations, which could add additional time to a prison term conviction.
Tatum faces 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, Robert Bourne, a defense lawyer for the 16-year-old, entered a plea of not guilty to six counts of assault with a deadly weapon and one count of conspiracy to commit robbery, as well as hate crime allegations.
Garcia said the District Attorney’s Office would seek to have the juvenile tried as an adult due to the severity of the crime. The 16-year-old has been ordered to remain in Juvenile Hall pending additional hearings, with a status hearing scheduled 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 he is prosecuted as an adult, Garcia said.
Bourne told multiple news outlets that prosecutors may have accused the defendants of committing hate crimes because the assaults occurred on the day of the Pride festival, but 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 San Diego LGBT Pride festival around 10:45 p.m. on July 29. The attacks took place during 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.
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 with a sharp object, most likely a knife, police said.
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 other facial injuries, Garcia said.
The other five victims are: Marlon Morales, Jason Bemis, Joseph Perez, Carlos Davis and Paul Mullins.
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