After falling?! A perpetrator was arrested for manslaughter but not for a hate crime. Family and friends are pushing the DA to include this as a hate crime. What is going on here other than it happened in California? https://www.aljazeera.com/news/2023/11/17/man-arrested-over-jewish-protesters-death-during-israel-hamas-war-rallies#:~:text=A California university professor has been charged with,Israel-Hamas war earlier this month near Los Angeles. A California university professor has been charged with involuntary manslaughter and battery in the death of a Jewish protester during duelling pro-Palestinian and pro-Israel rallies. Paul Kessler, 69, died after falling and hitting his head during protests over the Israel-Hamas war earlier this month near Los Angeles.
It looks like this guy lost his temper and struck Mr. Kessler in the head with his bullhorn. Mr. Kessler fell and hit his head on the sidewalk which caused his death. The suspect owned up to what he did. I'm not sure it's a hate crime, and manslaughter might be the right call. I try to be objective.
The articles do say that the police hadn't ruled out a hate crime but presumably prosecutors don't think the incident meets the legal definition of hate crime in the jurisdiction (or not with enough certainty to succeed in court). I don't know what that definition is (do you?) but I wouldn't be surprised if it doesn't cover political factors and there's no evidence that the victim was targeted specifically because of his race or religion (if he even was). I also expect you can't have a hate crime attached to manslaughter (since that is without motive by definition) though it could possibly be attached to the battery charge.
First off, I don't agree with an additional charge of "hate crime". All crimes are crimes against humanity and to suggest we have an idea as to what thoughts are crimes in addition to crimes actually committed is absurd! However, since "hate crimes" are on the books, this defendant was on the scene definitely due to his "thoughts". His anger that drove him to murder were definitely due to his thoughts. It is definitely a "hate crime" if there is such a thing!
All crimes against Jews are not automatically "hate crimes," any more than are all crimes against blacks or against gay people. The differentiating factor, is that the (usually violent) crime is perpetrated by the suspect, because of the victim's minority status. That does not appear to be the case, here. The two were arguing, and the physical contact ensued due to that argument becoming heated. Just because the subject of the argument, involved Jews and Palestinians, does not mean that the man who was struck, was targeted because he was Jewish. All indications are also that the Jewish man's fall, in which he sustained his lethal injury, had not been intended by the suspect.
So it all turns the roles of the judiciary into the roles of "mind readers". It is very subjective vulnerable to prejudice.
Because a white person was the victim. When is the last time you have heard of a POC getting a hate crime enhancement. Either way, if they did it would be plea bargained away. If fact this will be plea bargained down lower to "time served".
