Three Found Guilty of Ethnic Intimidation

WRAL-TV ^ | 07/27/2004 | AP

[CanisRex]

HILLSBOROUGH, N.C. -- Three young men have been sentenced in connection with a March incident in which one of them called a Sikh student "Osama."

Orange County District Court Judge Alonzo Coleman sentenced Kenneth Antwaine Perry to four months in prison after finding the trio guilty.

(snip)

(snip)... the (other) two must perform 48 hours of community service, graduate from high school, stay off the UNC-Chapel Hill campus without court permission and submit a report to Coleman on a book about people getting along with people of different races or ethnicities.

All three defendants said they'll appeal.

[CanisRex]

WTF is ethnice intimidation? And submit a report to Coleman on a book about people getting along with people of different races or ethnicities.

Amazing.

[CanisRex]

ethnic, i know. Overzealous fingers.

[whodat57]

Where's the ACLU to protect these three's rights to Free Speech? *note sarcasm*

[cyborg]

All they said was Osama?

[ShadowDancer]

Is there more to this story than the piece tells? Are you seriously trying to tell me someone is getting jail time for calling someone Osama?

[cyborg]

http://www.herald-sun.com/orange/10-505025.html

right here... serious assault

[Mamzelle]

Sikhs wear turbans, decoratively wound turbans. The character in "English Patient" was a Sikh.

But Sikhs are not Muslim--they may be Hindu, but I'm not sure how that works. That Sikh may well have resented being mistaken for a Muslim.

However much I might sympathize with the maligned Sikh, I'm more disturbed by this courtroom effort at ethnically intimidating Americans.

[Tax-chick]

"Boys get in fight, call each other names"

Geez.

[monkeywrench]

Another Judge ruling according to UN "law". Type ethnic intimidation and UN into google.

Some of what I found in one article, "“The UNHCR has verified the harassment, which includes house burning, physical violence and restriction of people going to market,” e Almeida da Silva said.

He said the commission was headed by local commander General Ghani, who told a recent meeting of community elders in Takhar that anyone found guilty of ethnic-related intimidation would be brought to justice."

[cyborg]

Perry and his friends beat up on the guy. That was left out the cited article. See link above.

[CanisRex]

From our local paper:
Three guilty of slur, assault 'Osama' taunt preceded fight


By ANN S. KIM, Staff Writer


HILLSBOROUGH -- Three young men accused in an incident that took place in downtown Chapel Hill after one of them called a Sikh student "Osama" were found guilty Monday of ethnic intimidation and assault inflicting serious injury. Orange County District Court Judge Alonzo Coleman sentenced one of the men, Kenneth Antwaine Perry, 19, of 2534 Gemena Road to four months in prison after finding the trio guilty in a bench trial.

Coleman sentenced the other two, Frederick Perry, 17, also of 2534 Gemena Road, and Antonio Burnette, 18, of 311 Lindsay St., to 3 1/2 months in prison, but suspended the sentences for the younger Perry and Burnette and placed them on two years' probation.

Conditions for the suspended sentences include that the two complete 48 hours of community service, graduate from high school, stay off the UNC-Chapel Hill campus unless they have court permission and submit a report to Coleman on a book about people getting along with people of different races or ethnicities.

All three defendants said they would appeal.

Much of the three-hour trial focused on whether the assault was more closely tied to the "Osama" comment made by Kenneth Perry as his group passed by Gagandeep Bindra and his friends or Bindra's response of "your mama."

The incident took place about 12:30 a.m. March 28 as the defendants passed Bindra, Sean Michnowicz and Rachel Mullis, who were heading the opposite direction on Franklin Street.

Bindra, who wears a full beard and his hair wrapped in a scarf in keeping with his faith, testified that he has been taunted with references to Osama bin Laden 10 or 15 times since the terrorist attacks of Sept. 11, 2001.

"You can only take so much," he said. Bindra said he chose "Your mama" because it rhymes with "Osama."

As Bindra and his friends continued west, the other group turned and followed them, he testified. Kenneth Perry asked, "What did you say?" and continued to repeat the question after Bindra replied, "You heard me," Bindra testified.

Kenneth Perry put his face within a inch of Bindra's and repeated the question before punching him in the jaw, Bindra said.

Punches fly

Michnowicz testified that a punch landed above his left eye when he tried to get between Bindra and Kenneth Perry. Michnowicz, a hemophiliac, began bleeding profusely.

Mullis testified that Frederick Perry and Burnette then began circling the three, and all five men were soon in a "clump." Michnowicz had crouched in a defensive position and felt someone graze his back and another punch to the back of the head, but it was unclear who struck him.

The Perrys and Burnette then continued toward East Franklin Street and were quickly stopped by police.

Michnowicz said he received four or five stitches for a cut above his eye. The hospital kept him overnight as a precaution and gave him medications and a CT scan, he said.

Donald Dickerson, Frederick Perry's court-appointed lawyer, and Assistant Public Defender Caitlin Fenhagen, who represented Burnette, argued that while the "Osama" comment was unfortunate, the assault was more closely linked to Bindra's inflammatory response.

Fighting words

"Do you understand, in many circles, the words, 'Your mama' are fighting words?" Dickerson asked Bindra during cross-examination.

Bindra, who was born in India and grew up in Raleigh, replied, "No."

Fenhagen also said the lesser offense of simple assault was more appropriate. Lacerations and stitches are common in such cases, and the three drinks Michnowicz consumed that night might have contributed to his heavy bleeding, she said, noting that it is recommended that hemophiliacs refrain from consuming alcohol.

Bindra, who has since graduated from UNC-CH, said after the trial that he was satisfied.

"Kenneth Perry definitely deserves to go to jail," Bindra said. "He needs the book thrown at him. The other two, they need to learn from this."

[ShadowDancer]

Yes, but it was a two-way verbal exchange. I think the sentence is excessive.

[usastandsunited]

From reading the article it seems he should have gotten jail time. Not for some sort of ethnice intimidation, but for assault. If I were the judge, I would have given him some xtra time just for being an idiot.

Why can't we just enforce the laws we have instead of trying to come up with some crazy stuff like "ethnice intimidation" ?

[joesnuffy]

We have met the enemy ...and he is us

[cyborg]

Things like this should be settled out of court, but oh well.

[misterrob]

The kid is an ignorant ass and the guy he picked on was just walking down the street minding his business. The kid should have gotten in trouble for provoking an incident that led to an assault or at the very least gotten an ass kicking. I don't think the guy he started trash talking to should have to bend over and take it but....go read a book as part of your punishment?

Interesting idea but not likely effective. Judicial sensitivity training in action for you.

[theFIRMbss]

>Perry and his friends beat up on the guy

"So, what, now we can't beat up people any more? I mean, what the f-- . . ."

[cyborg]

LOL

[avg_freeper]

Here is a better report:

Three guilty of slur, assault
'Osama' taunt preceded fight

By ANN S. KIM, Staff Writer
HILLSBOROUGH --

 

Three young men accused in an incident that took place in downtown Chapel Hill after one of them called a Sikh student "Osama" were found guilty Monday of ethnic intimidation and assault inflicting serious injury.

Orange County District Court Judge Alonzo Coleman sentenced one of the men, Kenneth Antwaine Perry, 19, of 2534 Gemena Road to four months in prison after finding the trio guilty in a bench trial.

Coleman sentenced the other two, Frederick Perry, 17, also of 2534 Gemena Road, and Antonio Burnette, 18, of 311 Lindsay St., to 3 1/2 months in prison, but suspended the sentences for the younger Perry and Burnette and placed them on two years' probation.

Conditions for the suspended sentences include that the two complete 48 hours of community service, graduate from high school, stay off the UNC-Chapel Hill campus unless they have court permission and submit a report to Coleman on a book about people getting along with people of different races or ethnicities.

All three defendants said they would appeal.

Much of the three-hour trial focused on whether the assault was more closely tied to the "Osama" comment made by Kenneth Perry as his group passed by Gagandeep Bindra and his friends or Bindra's response of "your mama."

The incident took place about 12:30 a.m. March 28 as the defendants passed Bindra, Sean Michnowicz and Rachel Mullis, who were heading the opposite direction on Franklin Street.

Bindra, who wears a full beard and his hair wrapped in a scarf in keeping with his faith, testified that he has been taunted with references to Osama bin Laden 10 or 15 times since the terrorist attacks of Sept. 11, 2001.

"You can only take so much," he said. Bindra said he chose "Your mama" because it rhymes with "Osama."

As Bindra and his friends continued west, the other group turned and followed them, he testified. Kenneth Perry asked, "What did you say?" and continued to repeat the question after Bindra replied, "You heard me," Bindra testified.

Kenneth Perry put his face within a inch of Bindra's and repeated the question before punching him in the jaw, Bindra said.

Punches fly

Michnowicz testified that a punch landed above his left eye when he tried to get between Bindra and Kenneth Perry. Michnowicz, a hemophiliac, began bleeding profusely.

Mullis testified that Frederick Perry and Burnette then began circling the three, and all five men were soon in a "clump." Michnowicz had crouched in a defensive position and felt someone graze his back and another punch to the back of the head, but it was unclear who struck him.

The Perrys and Burnette then continued toward East Franklin Street and were quickly stopped by police.

Michnowicz said he received four or five stitches for a cut above his eye. The hospital kept him overnight as a precaution and gave him medications and a CT scan, he said.

Donald Dickerson, Frederick Perry's court-appointed lawyer, and Assistant Public Defender Caitlin Fenhagen, who represented Burnette, argued that while the "Osama" comment was unfortunate, the assault was more closely linked to Bindra's inflammatory response.

Fighting words

"Do you understand, in many circles, the words, 'Your mama' are fighting words?" Dickerson asked Bindra during cross-examination.

Bindra, who was born in India and grew up in Raleigh, replied, "No."

Fenhagen also said the lesser offense of simple assault was more appropriate. Lacerations and stitches are common in such cases, and the three drinks Michnowicz consumed that night might have contributed to his heavy bleeding, she said, noting that it is recommended that hemophiliacs refrain from consuming alcohol.

Bindra, who has since graduated from UNC-CH, said after the trial that he was satisfied.

"Kenneth Perry definitely deserves to go to jail," Bindra said. "He needs the book thrown at him. The other two, they need to learn from this."

Staff writer Ann S. Kim can be reached at 932-2014 or akim@newsobserver.com.

[FreedomSurge]

This sucks. Does this mean I can no longer get drunk, go outside at 2:00 am and yell at the Indian family across the street "NO! You're the GREAT SATAN?