Two weeks ago a Fresno man was in an altercation with Palestinian supporters during the Tower District’s Porchfest event and was accused of committing a hate crime.
Thursday, the Fresno County District Attorney’s Office announced that he will face criminal charges for the incident, none of which, however, are for a hate crime.
The backstory: On April 27 Francisco Samaniego, 49, was arrested after a physical confrontation with a group of women who had a booth at Porchfest.
- Police said Samaniego had appeared to be intoxicated when he began arguing with the women over their support of Palestine, which turned into a physical altercation.
- He was arrested on one felony for robbery and two misdemeanors for battery and a violation of civil rights or hate crime.
The big picture: The district attorney’s office filed one felony count of second-degree robbery and three misdemeanor counts of battery.
- Samaniego faces a maximum of five years in prison if convicted of the charges.
- According to the district attorney’s office, Samaniego took a cellphone from the women and threw it on the ground, which broke it.
- Because Samaniego was expressing his dislike of Hamas, the district attorney’s office has declined to file a hate crime charge.
Go deeper: Prosecuting a hate crime charge requires a suspect to act on someone else’s disability, gender, nationality, race or ethnicity, religion, sexual orientation or association with a person or group that has one or more of those characteristics.
- “Hamas does not fit into any of these designations,” the district attorney’s office said in a statement. “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.”
- The office said that Samaniego made derogatory statements referring to Palestine and Palestinian people – which it called “despicable” – but his comments are protected under the First Amendment.
- “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,” the office said. “The statement regarding Hamas do not meet the requirements of a hate crime, as terrorist organizations are not a protected class under the statute.”
