SAN JOSE — A jury Monday found three white men guilty of misdemeanor battery on a black suitemate in 2013 at San Jose State University, but did not reach guilty verdicts on more serious hate-crime charges.
After deliberating for slightly more than two days, jurors agreed that Colin Warren, Logan Beaschler and Joseph “Brett” Bomgardner “offensively touched” their fellow freshman suitemate, Donald Williams Jr., by clamping a U-shaped bike lock around his neck or attempting to do so a second time — the most aggressive acts in a campaign of bullying that sparked community outrage and campus protests.
But the jury of six men and six women, which had no African-American members, found Bomgardner, now 21, not guilty of a misdemeanor hate crime and deadlocked on hate crime charges against Warren and Beaschler, both 20.
The hazing during the fall 2013 semester led to an internal investigation, an apology from the president of the university — where blacks make up 3 percent of the student body — and the creation of a campus task force on racial discrimination. The head of the campus task force, former Judge LaDoris Cordell, expressed disappointment Monday with the verdict.
“I am saddened that 12 jurors could not agree that calling a black male ‘Three-fifths’ or ‘Fraction,’ or forcing a lock around his neck, or creating an environment promoting racism with Confederate memorabilia, or hearing how this young man was humiliated, amounted to a hate crime,” said Cordell, who is black. “This verdict demonstrates that we are a long way from living in a post-racist America.”
Witnesses testified during the more than two-week trial that the abuse of Williams, who was 17 at the time, included the two bike-lock incidents, calling him nicknames referring to America’s history of slavery, writing a form of the “n” word on a whiteboard and displaying the Confederate flag. Attorneys for the defendants, who were all San Jose State freshmen at the time of the episode, argued that their clients simply took a “prank war” too far because they were “immature, insensitive and stupid.”
But in a statement on the courthouse steps after the verdict, Santa Clara County District Attorney Jeff Rosen disputed that characterization.
“Prejudice is not a prank,” said Rosen, who also commended Williams for his grace throughout the ordeal. “Today’s decision was partially disappointing, but not dispiriting. Our resolve to fight hate crimes remains unwavering.”
The jury voted 7-5 and 9-3 in favor of acquittal on the hate crime charges for Beaschler and Warren, respectively. Beaschler was responsible for displaying the Confederate flag, which he testified was an expression of his support for states rights, as well as a swastika and other Nazi symbols, which he labeled political satire.
One of the jurors who voted to acquit the men of the hate-crime charges said he concluded there was reasonable doubt that the two bike-lock incidents, which occurred early in the semester and were charged by the prosecution as the actual hate crimes, were driven by racial bias. The juror said the bullying that followed appeared racially tinged, but he was reluctant to consider those attitudes retroactively.
“I went in thinking it was a hate crime,” said the juror, who is in his 30s and a member of the Green Party. “But it was only Mr. Williams who said they called him racist nicknames before the bike-lock incidents.”
However, a female juror in her 60s voted for a conviction, partly because she did not buy that Beaschler was a quiet, shy young man who didn’t know that displaying the Confederate flag was offensive to blacks.
“I never had a moment’s doubt that they were guilty of hate crimes,” she said.
The jury found it easy to acquit Bomgardner because he was rarely in the dormitory suite and had a limited role in the hazing, joining only in the second bike-lock attempt, the female juror said.
San Jose State student Gary Daniels, a black political science major in his senior year, said the jury should have convicted all three men of a hate crime.
“Who knows who these guys are going to terrorize in the future?” Daniels said.
Donald Williams, the victim’s father, said the jury’s stance on the hate-crime charges let down the community. The family is suing the university and the young men for $5 million, which the defense attorneys repeatedly mentioned during the trial.
“It was very clear what should’ve come down,” Williams said minutes after the verdict was read in Santa Clara County Superior Court. “It’s pretty ridiculous. I hope they try them again.”
Rosen said he will consider a retrial after investigators have a chance to talk with some of the jurors. But sources familiar with the case said redoing the case is unlikely.
Sue Martin, San Jose State’s interim president, issued a statement Monday saying the college is working to improve the racial climate on campus. For instance, it is interviewing finalists this weekend for a new chief diversity officer position. The college also created a Black Scholars Community last fall in one of its residence halls and has completed a survey on the racial climate that it plans to discuss openly with the campus community.
“Much work lies ahead as we seek to create a truly inclusive, welcoming and safe environment for every member of our community,” the statement said.
Attorney Sam Polverino, who represented Bomgardner, said he was pleased his client was not convicted of the hate crime. “It was the right decision,” he said.
Beaschler and Warren are set to be sentenced March 14 by Judge Thang N. Barrett. They face a maximum of one year in county jail, which is no different than if they had been found guilty of a hate crime. But with just the battery conviction, they are more likely to avoid jail altogether, and be sentenced to less community service or weekend work.
Contact Tracey Kaplan at 408-278-3482. Follow her at Twitter.com/tkaplanreport.
