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Thursday, May 31, 2001

Boys charged in attack during riot


Teens had role in a hate crime, prosecutor says

By Marie McCain
The Cincinnati Enquirer

        A 15-year-old boy whose mother says he was “caught up” in the moment will be formally charged today with commiting a hate crime for beating a white truck driver during last month's riots.

        He also may face trial as an adult.

[photo] A 14-year-old boy sits handcuffed before Hamilton County Juvenile Court Magistrate Connie Murdock. He faces charges of aggravated riot and robbery stemming from unrest April 10 in Over-the-Rhine.
(Glenn Hartong photo)
| ZOOM |
        Hamilton County Prosecutor Mike Allen, who has promised to come down hard on those responsible for racially motivated attacks during the unrest of April 10-12, said he expects more arrests.

        The riots broke out after the April 7 shooting of an unarmed black man by a Cincinnati police officer.

        “The charge is appropriate, based on the severity of the action and the fact that the victim was targeted because of the color of his skin,” Mr. Allen said.

        Nevertheless, the boy's mother, Valerie Montgomery of Over-the Rhine, pleaded for leniency and apologized for her son's actions. The boy, who is black, is accused of assaulting a white Kentucky truck driver April 10 in Over-the-Rhine.

        “He (the victim) was in the wrong place at the wrong time,” Ms. Montgomery said of Robert Stearns, the 34-year-old Louisville man who was attacked, dragged from his truck and beaten by about 20 black youths as he was delivering glass.

        “I send my apologies to him and to his family. A lot of people made bad decisions that day, not just my son. He was caught up in the moment,” she added. “The charges need to be reduced. ... People were getting sick and tired of being sick and tired and (her son) was one of them. He just went about it the wrong way.”

Montgomery
Valerie Montgomery, mother of a 15-year-old accused of ethnic intimidation, apologized to the victim of the attack.
        The teen, along with a 14-year-old co-defendant, appeared Wednesday before Hamilton County Juvenile Court Magistrate Connie Murdock on charges of aggravated riot and robbery.

        Mr. Allen said both boys had some involvement in the Stearns incident, as well as in the April 10 destruction of hot dog carts near the Hamilton County courthouse on Main Street downtown.

        The 15-year-old, though, faces an added charge of ethnic intimidation because officials say he was directly involved in the assault of Mr. Stearns, who told prosecutors that his attackers mixed racial slurs with threats on his life.

        A computer glitch prevented prosecutors from adding the ethnic intimidation charge in time for the 15-year-old's court appearance Wednesday.

        He will be the second person charged with this statute this year, officials said.

        Last month, a Hamilton County grand jury indicted Craig Carr, 20, on a charge of ethnic intimidation along with two misdemeanor charges. He was accused of yelling a racial slur at a black motorist April 12 on Queen City Avenue in South Fairmount. Mr. Carr, who is white, also threw a brick through the front window of the motorist's car, officials said.

        The ethnic intimidation charge is a secondary offense, tacked onto a primary charge, which makes punishments tougher.

        The charge is about six years old and has been used about 10 times a year, Mr. Allen said.

        If convicted and tried as an adult, the 15-year-old could face at least 8 years in prison. He faces two counts of aggravated riot and two counts of robbery.

        The 14-year-old, who was 13 when the incidents took place, could be held in juvenile detention until he is 21. He is charged with two counts of aggravated riot and one count of robbery.

        The teens were ordered detained pending separate hearings. The 14-year-old is scheduled for trial June 6 before Juvenile Court Magistrate Rob Gray.

        The 15-year-old will appear June 8 before Juvenile Court Judge Thomas Lipps to determine if he'll be tried as an adult.

        Authorities think he attempted to drive away in Mr. Stearns' truck, which was parked outside Cincy Glass, 214 W. 15th St., April 10.

        Mr. Stearns, who could not be reached for comment Wednesday, told officials he thought he heard the gears of his truck grinding, went outside and saw a black male with a bandanna across his face behind the steering wheel.

        As he tried to get the man out of the truck, Mr. Stearns was dragged from the vehicle and beaten. His injuries were not life-threatening.

        The incident was caught on tape by local television stations, and subpoenaed by prosecutors. Photographs of the suspects and witnesses were turned over to Crime Stoppers.

        Both teens were arrested Tuesday.

        Greg Bedinghaus, one of the hot dog vendors whose carts were damaged and looted by rowdy mobs, said Wednesday that he's pleased authorities made arrests.

        However, “I don't wish jail on anybody,” he said. “I completely understand why everyone was so upset, but I don't want anybody to go to jail. At the same time, something needs to be done to punish those who did it.” The 15-year-old boy's mother agreed.

        “I'm not blaming anybody else (for her son's actions). He knows the difference between right and wrong,” Ms. Montgomery said. However, her son “has learned his lesson ... and if he has a chance, he can be a productive part of society.”

        She said her son is not prejudiced. He is part of a mentoring program and is mentored by a white woman. “He wasn't raised like this. This was a follow-the-leader kind of thing. ... This has hurt his credibility.”
       



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