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-Editorial
In 2023, California law enforcement agencies reported 1,970 hate crimes, yet only five cases went to trial, according to the California Attorney General’s Office. This follows a troubling trend; in 2021, during a notable surge in hate violence, just one case reached trial. The majority of hate crime victims are Black individuals, but Jewish, Muslim, and LGBTQ communities have also seen a rise in bias-motivated attacks.
California Attorney General Rob Bonta highlighted the challenges of proving hate crimes, a sentiment echoed by prosecutors nationwide. A recent Ethnic Media Services press briefing featured two victims who sought hate crime charges against their assailants but were denied.
Kunni, a bartender at a neighborhood bar, was pepper-sprayed by a patron who yelled, “Go back to your country.” Despite clear evidence of the attack, including CCTV footage, the prosecutor’s office declined to classify it as a hate crime, leaving the assailant uncharged.
The altercation occurred late one night when Kunni refused a customer’s request to play pool due to the bar closing. The patron, who had a history of arrests, became verbally abusive before pepper-spraying Kunni while hurling racial slurs. Kunni recalled the incident: “I was shocked. The prosecutor didn’t seem to take my side, even with all the evidence.”
Despite the clear evidence presented, the prosecutor’s office dismissed the severity of the attack, citing the assailant’s status as a mother and her desire to maintain a clean record as justification for reducing charges from felony assault to a misdemeanor. This left Kunni feeling victimized twice—first by her attacker and then by the justice system.
The emotional fallout for Kunni has been profound. She now struggles with severe anxiety and panic attacks, requiring weekly psychiatric sessions. “I don’t feel safe anymore, not at work or on the streets. I’m still scared and struggling to cope,” she shared.
Three years earlier, Vichar Ratanapakdee, an 84-year-old Thai American immigrant, was brutally attacked during his morning walk in San Francisco. His assailant threw him to the ground, causing fatal head injuries. The incident, perceived by many as a hate crime, shocked the Asian American community.
The suspect has been held in county jail without bail, facing charges of murder and injury to an elderly person. However, prosecutors have yet to pursue hate crime charges, citing insufficient evidence. For Monthanus Ratanapakdee, Vichar’s daughter, this omission has been a source of deep frustration.
“My family feels that this delay is a denial of justice,” Monthanus said. “We believe hate was a motivating factor, and it’s heartbreaking that the district attorney’s office hasn’t recognized that.” Monthanus has become an advocate for justice, founding the “Justice for Vichar” foundation to raise awareness about anti-Asian violence and encourage reporting crimes.
“We want the next generation to understand that they need to stand up and fight for justice, not just for themselves but for their families and communities,” she stated. “We need to ensure that justice is served, not just in name, but in action.”
As the legal battle continues, Monthanus remains committed to her father’s legacy and to advocating for justice for all victims of hate crimes. “We must not be silent anymore,” she emphasized. “This is a fight for justice, for my father, and for all those who have been wronged.”
Erin West, a seasoned Deputy District Attorney in Santa Clara County, has dedicated her career to prosecuting hate crimes. Recognized for its rigorous approach, Santa Clara County ensures that every potential hate crime case is thoroughly examined.
“I’m fortunate that Santa Clara County takes these cases extremely seriously,” West said, highlighting the county’s commitment to justice. The process involves a specialized team that reviews cases for potential hate crime motivations.
West emphasized the emotional toll of hate crimes on victims. “My heart breaks for you, and I am so sorry that this has been your experience with the criminal justice system,” she said, addressing victims directly. She believes in the necessity of clear communication within the justice system to ensure victims understand the complexities involved in prosecuting hate crimes.
