NORWICH – The Chenango County Judge dismissed the hate crime charges against the man accused of shooting an unarmed black man in July 2015.
Wayne Spratley, of Greene was charged per grand jury indictment with attempted murder in the second degree as a hate crime, assault in the first degree as a hate crime, and criminal use of a firearm in the first degree as a hate crime.
Additionally, he was charged with attempted murder in the second degree, a class B violent felony; assault in the first degree, a class B violent felony; and criminal use of a firearm in the first degree, a class B felony.
Per the decision and order from Judge Frank B. Revoir Jr., he dismissed the top three counts that allege the incident was a hate crime due to a number of factors.
“New York’s Hate Crimes Act became law in 2000, becoming the 44th state to pass such a law,” read the decision obtained by the County Clerk’s Office Thursday. “As the ‘Legislative findings’ attached to 485.05 of the Penal Law state, ‘Hate crimes do more than threaten the safety and welfare of all citizens, they inflict on victims incalculable physical and emotional damage and tear away at the very fabric of free society.”
The decision continued, “Nevertheless, racist beliefs on the part of a defendant, standing alone, do not prove an act was intentionally committed ‘in whole or substantial part because of a belief or perception regarding the race, color, national origin or ancestry … of a person.’”
The court found counts 4-6 (attempted murder in the second degree, a class B violent felony; assault in the first degree, a class B violent felony; and criminal use of a firearm in the first degree, a class B felony) legally sufficient.
Cited in the decision was a case from 2010. In that case, the Court of Appeals found a defendant’s conduct fell under the statute of a hate crime after he was convicted in the attempted arson of a synagogue “having selected the synagogue because of the religion it represented, and in order to discourage wealthy Jewish Americans from fundings the Israeli army. (People vs Assi). On the other hand, in a 2013 case, the Fourth Department found there was insufficient evidence to convict a defendant who assaulted a disabled person with a hate crime because ‘while the victim’s disability may have provided the opportunity for defendant to commit the crime,” the People failed to show the ‘specified offense’ was committed because of a belief or perception regarding the disability. (People vs Wright).”
The decision further read, “Simply stated, the use of racial epithets during an inebriated argument turned to melee do not establish the specified offenses were committed, ‘in whole or substantial part’ based on the victim’s race or the defendant’s belief about said race.”
