Cross Burning Hate Crime in California: 4 Suspects to Stand Trial
Four people accused of torching a cross outside the California home of a black teenager in March will face trial.
Judge Jacquelyn Duffy ruled Monday morning there was enough evidence against 32-year-old Jeremiah Hernandez, 36-year-old Jason Kahn, 24-year-old Sara Matheny and 20-year-old William Soto.
The defendants, white and Hispanic, will be arraigned Sept. 28 on charges of arson, hate crime allegations and conspiracy to commit a crime.
A preliminary hearing was held Sept. 9 to determine if there was enough evidence for trial. Duffy cited evidence that the defendants burned an 11-foot wooden cross 25 feet from the victim’s window. The teenager was watching television when she noticed a glowing light outside.
Duffy also cited Kahn’s two swastika tattoos and the connection cross burnings have with racist intimidation, the San Luis Obispo County Tribune reported.
The defense argued that there is no evidence the defendants had prior knowledge a black person lived at the residence.
According to the Tribune, an attorney representing Soto said she would consider moving to dismiss the case. Soto’s attorney argued at the hearing that confidential informants who assisted the authorities had a motive to lie because they were in custody and believed providing information would result in a reduced sentence. However, Duffy cited an assertion by a woman that Kahn never concealed his Aryan brotherhood allegiances and threatened to harm her if she testified.