‘I’m appalled’: Alleged victims have demands after Tower Porchfest attack
FRESNO, Calif. (KSEE/KGPE) – The three victims allegedly attacked during an incident at the Tower Porchfest event in Fresno earlier this month spoke at Fresno’s City Council meeting on Thursday, demanding the District Attorney file hate crime charges.
“I am appalled by the decision made by the DA Lisa Smittcamp to not uphold the initial hate crime charges,” said Lana, an alleged victim.
No hate charges filed by DA after ‘Porchfest’ incident in Fresno’s Tower District
The group wants Fresno City Council to encourage the Fresno County District Attorney’s Office to file hate crime charges against 49-year-old Francisco Samaniego.
“This has affected my mental health, my job performance… I don’t feel like the story was accurately represented,” said Mel, an alleged victim.
“This was in fact hate crime and we the community, we Fresno, do not stand for any form of hate crime versus anybody,” said Zahra, the third alleged victim.
According to witnesses, on April 27 during Tower Porchfest, Francisco Samaniego approached them and started an argument over their support of Palestine. That argument escalated into a physical confrontation. The suspect fled the scene on foot after the altercation but he was found by assisting officers.
On May 9, the DA announced that no hate crime charges were filed against Samaniego, saying that this was due to the suspect’s actions.
According to a statement released by the Fresno County District Attorney’s Office on May 9, the decision not to file a hate crime charge against Samaniego was due to the suspect’s actions. The DA’s office said the legal test to establish a hate crime was committed is when actions target “another person’s disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person/group having one or more of these characteristics.” The DA’s office say Hamas does not fit into any of these designations.
“The evidence presented did not reach the level required to prove beyond a reasonable doubt that the actions of Samaniego interfered with the civil rights of the victims.”
Fresno County District’s Attorney Office.
The charges filed against Francisco Samaniego were two counts of felony battery, one count of misdemeanor batters, and one felony count of second-degree robbery.
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