No hate charges filed by DA after ‘Porchfest’ incident in Fresno’s Tower District
FRESNO, Calif. (KSEE/KGPE) – A 49-year-old man who was originally arrested on suspicion of “a violation of civil rights/hate crime” following an incident at the Porchfest event in Fresno’s Tower District will not be facing a hate crime charge, according to the DA’s office.
Witnesses say 49-year-old Francisco Samaniego approached them at the event on April 27 and allegedly began an argument over their support of Palestine. The argument escalated to a physical confrontation. Samaniego then fled on foot after the altercation but was found by assisting officers.
Hate crime suspect arrested after incident at ‘Porchfest’ in Fresno’s Tower District, police say
The Fresno County District Attorney’s Office says the decision not to file a hate crime charge against Samaniego was due to the suspect’s actions. 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.
After carefully reviewing the investigative reports and witness statements, the Fresno County
District Attorney’s Office has reached the legal conclusion that the prosecution cannot prove
beyond a reasonable doubt that Mr. Samaniego committed a hate crime.Fresno County District Attorney’s Office.
The DA’s office adds that Francisco Samaniego’s statements were protected under the First Amendment and that the statement regarding Hamas did not meet the requirements of a hate crime “as terrorist organizations are not a protected class under the statute.”
The District Attorney’s Office reports that Samaniego will be charged with one count of felony second-degree robbery and three counts of battery. He is set to be arraigned inside Fresno County Superior Court on Friday.
