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Family Upset DA Won't File Hate Crime Charges In Beating

POSTED: 6:23 pm PDT October 8, 2009
UPDATED: 7:16 pm PDT October 8, 2009

A family reacted with anger Thursday after the San Diego County District Attorney's Office filed misdemeanor charges in a case involving a beating in Deerhorn Valley, 10News reported.

"They beat up on some kids," said Denise Brown. "And just because of the color of their skin; this should not be allowed."

Brown, who is African American, was referring to an incident in April when her son, Chris Jones, and four friends said they were attacked by a group of white men at a party in the Jamul area. The district attorney's office, after months of investigation, filed three misdemeanor charges, but no hate crime charges and no assault charges were filed.

Facing those charges are Jerry Arnold Jr. for violating the social host ordinance and allowing minors to drink liquor. His son, John Arnold, and a juvenile were charged with misdemeanor vandalism for damaging Jones' car.

Jerry Arnold told 10News, "I've never seen that, and I don't know if it really happened."

Deputy District Attorney Oscar Garcia, who heads the district attorney's office Hate Crimes Unit, said there was a hate crime and there was an assault, but the problem is identifying who is responsible. The incident happened at a party with over 100 people, and even though the San Diego County Sheriff's Department interviewed dozens of witnesses, no one identified the attacker or attackers.

Garcia said his office would like to file hate crime charges, but said, "We don't have the evidence to charge those crimes."

Chris Jones said he was attacked by five men in the bathroom, got away and ran to his car. He said his car was hit by rocks, bottles and a metal pipe.

"More than one person was just beating on me and I managed to get out and get to my car, and with me and my friends inside they started to terrorize us," said Jones.

He crashed the car as he was trying to get away.

"I don't see how they could not know who did it," said Jones.

Brown is considering filing a civil lawsuit.
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