Barton Springs assault: Attorney provides analysis on potential hate crime

AUSTIN, Texas – A violent incident caught on camera at Barton Springs over the weekend left a man seriously injured when he tried to intervene.

The Austin Police Department is investigating the incident and has referred it to its Hate Crime Review Committee.

An attorney provided analysis on the potential of a hate crime enhancement and a LGBTQ activist spoke to FOX 7 Austin about the incident.

Attorney provides analysis

Local perspective:

Gene Anthes, an attorney unaffiliated with the case, says a hate crime enhancement would make the punishment range go up.

However, the number of hate crime prosecutions in Texas is low, and he says in this case, prosecuting it as a hate crime could be a “hurdle.”

“If I was prosecuting this case, I’m prosecuting for the gentleman who got hit by a rock. That gentleman just intervened. The assault that was done on that person was not because that person is transgender, he said. “You have to show that the defense intentionally committed these acts based on this bias or prejudice. They’ve got to prove that beyond a reasonable doubt.”

He says in this case, a prejudice finding could be more difficult because the good Samaritan had more severe bodily injury. Plus, the prejudice part of the hate crime statute doesn’t speak to transgender individuals.

“In June of this year, the governor signed a bill that defines genders,” he said. “I think by virtue of the fact that he signed that bill, I think a court is likely to interpret that the term gender in the hate crime statute, the Code of Criminal Procedure, only speaks to men or women.”

Overall he says, “I don’t think they’re going be able to get to that affirmative finding of bias or prejudice because this one, the offense wasn’t committed against the person who was transgender and then two, there’s nothing in the statute that says that bias or prejudices towards a transgender person.“

LGBTQ activist on attack

What they’re saying:

Brigitte Bandit, a LGBTQ activist, calls the attack alarming and upsetting.

“In Austin especially, we’re supposed to be kind of the safe haven for the LGBTQ community,” she said. “There’s been so many anti-queer and anti-trans attacks, especially by our legislators here in Texas on a state level and now on a federal level. We are seeing real harm being done and real violence being perpetuated because of that.”

As for her message to the suspects, she says, “do better. You know, the trans community is not harming you, and we deserve to exist in peace and together.”

Austin police give update on investigation

Dig deeper:

The Austin Police Department confirmed to FOX 7 Austin on Friday, August 1 that detectives are actively interviewing witnesses, gathering information and reviewing tips received through Crime Stoppers.

At this time, no suspects have been officially identified and the investigation remains ongoing, according to APD. This also appears to be an isolated incident with no ongoing threat to the community.

What you can do:

If you witnessed the incident or have any information, please contact the Austin Police Department or submit an anonymous tip to Capital Area Crime Stoppers at (512) 472-TIPS or austincrimestoppers.org. You may be eligible for a reward of up to $1,000 for information that leads to an arrest.

APD also said on the potential hate crime aspect:

APD’s Hate Crimes Review Committee, consisting of Law Enforcement, Victim Services, and representatives from APD Central Records, meets monthly to review all cases where the victim may have been targeted due to hate or bias.  The Hate Crimes Review Committee reviews each case to first determine that a criminal offense occurred and then to review the details of hate or bias motivation. If the APD Hate Crimes Review Committee determines that a crime was committed and it was due to hate, the assigned investigator will staff the case with the appropriate prosecuting agency. The prosecuting agency then decides whether to pursue a hate crime enhancement to the offense.