Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Man convicted of assault as hate crime in Howard Beach baseball bat attack
Waterbury Republican-American ^ | June 10, 2006 | Pat Milton (A.P.)

Posted on 06/10/2006 3:41:38 PM PDT by Graybeard58

NEW YORK -- A white man accused of pummeling a black man over the head with a baseball bat was convicted of second-degree assault as a hate crime Friday after a three-week trial that focused on the defendant's use of "the n-word" during the beating.

A jury deliberated for eight hours over two days before finding 20-year-old Nicholas Minucci guilty in the assault of Glenn Moore last June in the predominantly white Queens neighborhood of Howard Beach -- the site of another notorious attack that inflamed racial tensions in New York 20 years ago.

Minucci looked pale as the verdict was read. As he was handcuffed and led out of court, he turned and looked at family members sitting in the courtroom.

Minucci also was convicted of first- and second-degree robbery as a hate crime for stealing Moore's sneakers and other items in the attack. He faces up to 25 years in prison on the top count, when he is sentenced on July 15.

"By its verdict the jury has sent a loud and clear message that crime predicated upon hate can never be tolerated," Queens district attorney Richard Brown said Friday. "Today's verdict represents the outrage of the residents of this county over crimes motivated by bigotry and hatred."

Prosecutors charged that Minucci, then a 240-pounder with the nickname "Fat Nick," hurled the "n-word" during the attack and shouted, "We'll show you not to come and rob white boys."

Moore, who suffered a fractured skull, admitted that he and two friends were in the neighborhood trying to steal a car but said they hadn't taken anything when they encountered Minucci and his friends.

Moore, 23, sat stoically in the second row of the courtroom with a court officer and his mother as the verdict was read.

The defense argued that Minucci used reasonable force against someone attempting to commit a crime and said he was "a scapegoat because he's a dope."

"He suffered because Howard Beach is synonymous with racism. That is not what happened here," defense attorney Albert Gaudelli said outside court.

Gaudelli said that his client has been jailed for the past year. "He has been treated like a hardened serial rapist or a mad-dog murderer," he said.

At trial, Moore testified that his attackers took off his sneakers and had him on his knees when Minucci swung an aluminum bat at his head like he was trying to hit a pitch. "Ding! Right above my right ear," he said.

Another witness, Frankie Agostini, accused of being an accomplice in the beating, testified that the clang of the bat against Moore's head "sounded like Barry Bonds hit a home run."

Minucci's attorney contended that his client struck Moore in the legs, but that Moore fractured his skull by tripping and hitting his head on the ground.

The encounter drew comparisons to the 1986 death of Michael Griffith, a black man struck by a car while trying to escape a group of white attackers in the same neighborhood. In that case, Griffith's car had broken down.

Gaudelli argued that the epithet Minucci is accused of using is so commonly used today among hip-hop fans of all races that it no longer has a predominantly racist connotation.

The defense also tried to prevent jurors from hearing that Minucci was convicted of interrupting a religious service and menacing for shooting a paint ball at a Sikh going into a temple on Sept. 11, 2001.

That case was sealed because Minucci was classified as a youthful offender. But State Supreme Court Justice Richard Buchter allowed the prosecution to bring up the incident after the defense put one of Minucci's friends on the stand to testify that he is not a racist.

The jury also found Minucci guilty of fourth-degree criminal possession of a weapon -- the baseball bat -- and two counts of fifth-degree criminal possession of stolen property -- the sneakers and another pair of shoes.

Agostini was not charged in the attack on Moore. Another alleged accomplice, Anthony Ench, pleaded guilty in October to charges of second-degree attempted robbery and second-degree attempted assault as a hate crime.


TOPICS: Crime/Corruption; Extended News; US: New York
KEYWORDS: hatecrime; nyc; whitemale; zerotolerance

1 posted on 06/10/2006 3:41:40 PM PDT by Graybeard58
[ Post Reply | Private Reply | View Replies]

To: Graybeard58

Isn't one man pummeling another with a baseball bat a crime otherwise?

This whole "hate crime" thing leaves me cold...

Punish the crime, and don't worry about trying to guess what was going through his puny reptilian brain...


2 posted on 06/10/2006 3:44:12 PM PDT by Mikey_1962 (If you build it, they won't come...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mikey_1962

No. It's a 'hate crime' because he said the same word rappers use ad nauseam in their "music"


3 posted on 06/10/2006 3:46:39 PM PDT by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Graybeard58

so, I suppose it would have been a lesser crime had he kept his mouth shut or perhaps quoted some Shakespeare while he bludgeoned the poor fellow.


4 posted on 06/10/2006 3:50:16 PM PDT by the invisib1e hand (screw the media.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Graybeard58

I'll be impressed when I hear of a minority prosecuted for a hate crime.


5 posted on 06/10/2006 3:50:19 PM PDT by Anti-Bubba182
[ Post Reply | Private Reply | To 1 | View Replies]

To: Anti-Bubba182

Not in New York. Andrea Peyser's been following this case, and another case where a bunch of black guys killed a Caucasian after announcing to the world [or at least some neutral witnesses], "Let's get the white guy", or words to that effect. No hate crime.


6 posted on 06/10/2006 3:52:52 PM PDT by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Graybeard58
meanwhile, Bloomberg has dispatched straw buyers to sporting goods stores throughout the tri-state area in preparation for a class action lawsuit against baseball bat manufacturers, lumberjacks, and aluminum smelters.
7 posted on 06/10/2006 3:53:48 PM PDT by NonValueAdded ("So to hell with that twerp at the [WaPo]. I've got no time for him on a day like this." Mark Steyn)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Graybeard58
defendant's use of "the n-word" during the beating

Gee and violence with things such as, "You gonna die now cracker" or "give me you M. F. car whitey" doesn't count as a hate crime.

8 posted on 06/10/2006 3:54:50 PM PDT by badpacifist (The media has our troops surrounded. Someone must break through enemy lines.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: the invisib1e hand

In New York, except for hate crimes, you never have to prove motive, merely mens rea [was it intentional, depraved indifference, reckless, or negligent]. "Hate crimes" are the only crimes where motive enhances the sentence.


9 posted on 06/10/2006 3:55:21 PM PDT by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Graybeard58

I guess if he used the "f word" he would have gotten a lighter sentence.

Hate crimes are speech crimes and thought crimes, great for North Korea and Cuba, but thoroughly un-American.


10 posted on 06/10/2006 3:55:23 PM PDT by Nextrush (Chris Matthews Band: "I get high...... I get high.....I get high.....McCain.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Graybeard58

All crimes are hate crimes.


11 posted on 06/10/2006 3:55:57 PM PDT by CindyDawg
[ Post Reply | Private Reply | To 1 | View Replies]

To: Graybeard58

Interesting. It seems when a white man gets the tar beaten out of him by a black man, the prosecutors always go out of their way to say "robbery was the motive". I certainly don't condone what this white man did, but he is the victim of a political prosecution.


12 posted on 06/10/2006 3:56:06 PM PDT by Hacksaw (Deport illegals the same way they came here - one at a time.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Graybeard58
Don't know if I stumbled on a leftist blog, but I did a google image search on this guy. He's a 240 pound guy whose nickname could easily be 'Bubba.' He beat a Sikh man with a baseball bat on 9/11/01, thinking he was an Arab. He purportedly stabbed a kid in the stomach a couple of years later and while that case was awaiting trial, the kid who had been stabbed was mysteriously shoved in front of a subway train and killed. Now this (oh, he also made an appearance on "Growing Up Gotti"). So he sounds like a real "troubled" kid.

That said, use of the N-word does not a hate crime make, since use of "whitey" or "honky" doesn't make it a hate crime when the shoe's on the other foot.

13 posted on 06/10/2006 3:59:00 PM PDT by LibWhacker
[ Post Reply | Private Reply | To 1 | View Replies]

To: Graybeard58

If someone is being prosecuted for a hate crime,they are being punished for what they say,think, feel or believe!In other words if you don't conform to what society dictates your beliefs and thoughts to be,you will be persecuted and prosecuted.Sounds like nazi Germany to me.


14 posted on 06/10/2006 4:04:06 PM PDT by INSENSITIVE GUY
[ Post Reply | Private Reply | To 1 | View Replies]

To: Graybeard58
"By its verdict the jury has sent a loud and clear message that crime predicated upon hate can never be tolerated,"

So does this mean that crime the isn't predicated on "hate" CAN be tolerated?

To hell with a gay marriage amendment. How about an amemdment abolishing so called "hate crimes" and reaffirming that a crime, is a crime, is a crime, regardless if the offender says some naughty words during the act.

15 posted on 06/10/2006 4:10:54 PM PDT by frankiep (I respect Islamofacists more than the American left - at least they ADMIT that they hate the US.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nextrush

"Hate crimes are speech crimes and thought crimes, great for North Korea and Cuba, but thoroughly un-American."

Just like the liberal swine that saw to it that they were passed into law.


16 posted on 06/10/2006 4:12:56 PM PDT by vetsvette (Bring Him Back)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Mikey_1962

First of all, this kid is involved in two major assaults and he doesn't kill anybody. Come on, if he really had all this hate he should be able to murder somebody. And the guy himself admitted he was just rying to break the guy's legs and not his head. And his friend said it sounded like Barry Bonds (a black man) hitting a home run- if he had said Mark McGwyer that would be racist. And his victims are totally different. One is black and the other is a Sihk- I mean, does this guy hate everybody? I may not agree with his methods, but come on, just being arrested and tried for two major crimes should be enough to scare anyone straight.


17 posted on 06/10/2006 4:41:18 PM PDT by jimboster (Vitajex, whatcha doin' to me)
[ Post Reply | Private Reply | To 2 | View Replies]

To: the invisib1e hand
"while he bludgeoned the poor fellow."

...who was only there to...

"...Moore, who suffered a fractured skull, admitted that he and two friends were in the neighborhood trying to steal a car ..."

"..."Fat Nick," hurled the "n-word" during the attack and shouted, "We'll show you not to come and rob white boys."..."

What a hater.

18 posted on 06/10/2006 5:06:34 PM PDT by Yeti ("He might be drunk!")
[ Post Reply | Private Reply | To 4 | View Replies]

To: Graybeard58

hate crime= thought crime=thought police


19 posted on 06/10/2006 6:04:48 PM PDT by avile
[ Post Reply | Private Reply | To 1 | View Replies]

To: Graybeard58

Glenn Moore and company were robbing cars and were caught.


20 posted on 06/10/2006 10:55:36 PM PDT by Coleus (Roe v. Wade and Endangered Species Act both passed in 1973, Murder Babies/save trees, birds, algae)
[ Post Reply | Private Reply | To 1 | View Replies]

Now he's Fat Nick of time
altHoward Beach hood Nicholas Minucci was found guilty yesterday of a hate crime in the baseball bat attack of a black man last summer - a case that centered on his use of the N-word just before the beating. The crime carries a hefty sentence of 8-1/3 to 25 years.
FULL STORY
Nick's mom says it's all Mayor's fault
The angry mother of Nicholas Minucci blamed everyone from Mayor Bloomberg to police detectives for siding with "career criminals" in railroading her son on hate crime charges.
FULL STORY

 

 

21 posted on 06/10/2006 11:01:15 PM PDT by Coleus (Roe v. Wade and Endangered Species Act both passed in 1973, Murder Babies/save trees, birds, algae)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Coleus
If the police were doing their job they would have been beating up on Moore and his friends with nightsticks instead of leaving it up to the Gavones.

Anybody still living in NYC ought to have their heads examined.

22 posted on 06/10/2006 11:06:27 PM PDT by Rome2000 (Peace is not an option)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Graybeard58

Should have just let him peacefully steal the car I suppose. Actually sounds like the beater and the beatee as it were, both belong in jail.


23 posted on 06/10/2006 11:31:45 PM PDT by D1X1E (Don't hold a protest sign in my face then try to tell me you support the troops.)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson