The Justice Department has decided to charge Conrad Alvin Barrett, 27, with a hate crime in the “knockout game”-style attack against a black victim in Katy, Texas. The victim was a 79-year-old black man. The prosecution — and heavy punishment — of Barrett is clearly warranted if found guilty of the attack. However, the intervention of the Obama Administration is being questioned and is likely to add to preexisting concerns over the use of hate crimes to federalize state criminal actions and the standard for such prosecutions.
Notably, the federal charge could bring a higher sentence. However, this is a crime that could easily have been brought on the state level with an aggravator or separate charge for the abuse of the elderly. This elderly man lost three teeth and needed surgery to repair his jaw. At 79 years old, he could have easily died in this vicious attack. The knockout game has spread across the country and represents a terrible threat for everyone. These sucker punches often result in people hitting the ground unconscious and risking a serious or fatal head injury beyond the punch itself. Prosecutors and police across the country are ramping up efforts to combat the game. Most of these games take people at random regardless of age or gender, though I have been many elderly and women targeted (presumably because of the greater likelihood of a “knockout”).
One issue potentially complicating this case is that Barrett has a proven history of mental illness (as a bipolar individual) as well as a history of alcoholism.
The video of the attack shows Barrett approach the victim and ask, “How’s it going, man?” He then hits the man and laughs and says, “Knockout.”
When police examined his phone, they found videos where he used racial epithets and expressed in interest in the knockout game. In the one that seems the basis for the federal charge, he reportedly states “That plan is to see if I were to hit a black person, would this be nationally televised?”
U.S. Attorney Kenneth Magidson says that that is a hate crime and therefore a federal matter.
A conviction under the federal hate crimes statute would mean a maximum 10 years in prison and a $250,000 fine.
Various critics have charged that there have been a slew of black on white crimes, including a number of knockout games where the race of the victim is referenced by the attackers.
Many have questioned the use of the hate crimes law to federalize state crimes, often giving prosecutors a second bite at conviction following acquittals of defendants. Such arguments do not mean that the racial element should be ignored. Rather, such elements can be used as an aggravator to increase sentences by the state court. If hate crimes are federalized, there remains the question on the standard to apply and whether it applies consistently in cases where race is referenced. The statement above does indicate an intent to target a victim on the basis of race — putting aside the mental illness issue. However, the evidence also suggests that this man wanted to play this disgusting game.
We have previously discussed how hate crimes have raised free speech issues (here and here and here) which is not an issue in this case. However, we have also discussed the uncertain standard for such prosecutions in past cases (here). I would have the same concerns about charging black teenagers with crimes when they say that they targeted a “white bitch” this year in Chicago. Racial references are unfortunately ubiquitous in this country. The question is whether such cases should be federalized and what standard applies to crimes with a racial reference.
Do you think that this case should be tried as a hate crime by the feds or left as an assault at the state level?
Hate is an abundant essence. Once there is more of hate than there is of love, both become much easier to detect.
Bruce, carrying a gun wouldn’t help you if you were sucker punched. Are you going to shoot ANYONE who approaches you from any direction regardless of consequences? Do you walk the streets of your home town? Do you pull your gun EVERYTIME another person is on the same side of the street as you? In your world, there would be no crime if everyone were armed to the teeth. I’m amazed by the argument, since it is so without merit.
The hate crime aspect seems a reach, but it is a crime that should be punished severely. Give these cowardly lowlifes at least 5 years hard time and then this disturbing ‘game’ will end quickly……
I could be wrong but as far as I know the only times a hate crime has been charged is if the victims are either black or jewish.
I actually find myself in agreement with DavidM on the issue of hate crimes, although perhaps not for the same reasons.
The problem with the concept of a hate crime is its emphasis upon the attitude, beliefs or motivations of the accused. When we incorporate individual beliefs into the definition of a crime, we are suggesting that it is appropriate to criminalize ideas, and we know where that leads. My view is that prosecution for an assault is properly the function of the states. The motives prompting an assault are material only when considering the penalty to be imposed.
I wonder how many knockout games have happened in Alaska, where it’s permitted to carry a concealed weapon in the state with the lowest crime rate in the country. Has a black person ever been charged with a hate crime?
Darren and raff have hit it on the head…
As suggested by Darren, I agree that the Federal statute should be enforced with the State or locality refuses to act or provides a mere slap on the wrist. The hard reality is that if the Feds pick and choose when to enforce the statute, it could be argued that they are playing favorites, depending on who is the victim and who is the perp.
Unless there was an unwillingness to prosecute on the local level or there is not a similar law on the state level the state should prosecute and not the feds in my view. I just wonder if the instrumentality required under Title 18 USC Section 249 was the suspect’s cell phone. The certification requirement is that the state requested federal involvement.
Sometimes I think the federal government looks at crimes that have become national in scope and laws are enacted and enforced when the government sees disturbing trends and steps in to make severe punishments for issues that worry the public.
A case in point is with the rise of carjackings in the US the feds stepped up the heat and enacted a statute to deal with this. The elements are the car must have been transported, shipped, and received in interstate or foreign commerce and the car is hijacked in the ordinary sense. (Title 18 USC Section 2119) This is a death penalty statute if a homicide occured during the carjacking.
The federal hate crime statute notes under (a)(3)(B)(d) reads “a prosecution by the United States is in the public interest and necessary to secure substantial justice” I think that is one of the motivating factors as described in the paragraph above.
Too much federalization of crimes….. This is crazy….. The targets whether white, black, Asian, Hispanic et al are victims….. Charge the screwball under the elevated enhanced elder abuse laws…..
There was a question above about the difference in sentence…. About 8 years…. But this screwball has a mental illness which would in my opinion mitigate some exposure to prison…. What’s the federal interest in this case…..
Blacks on Jews in Brooklyn, my bad.
In Brooklyn, there has been a spate of hate crimes of Jews on black. I have mentioned several times a disturbing increase in anti-Semitism in the world, including the US. A dirty little secret that I see in the black community is a very large uptick in anti-Semitism, particularly w/ young people. I know a young, black man[23]. He is a good young man in almost every respect, but he is a horrible anti-Semite. I tried to have a discussion w/ him about it but it was fruitless. So now, if he starts on a rant I just walk away.
Except in very rare cases are people of color charged w/ hate crimes. I have been on the record, since before hate crimes were ever enacted, that they are wrong. One of the reasons was I could see this disparate enforcement would occur, and do more to separate us then bring us together.
If all Americans were on equal footing, i.e. no continuing exploitation and discrimination based on skin color, then yes, there should be no “hate” crimes, just “assault”. Each human brain has a given capacity for dealing with all the brain activities including stress, learning, caring for others, and innovation. When most of that brain capacity is taken up by the stress of poverty, fear, rejection, sickness, hunger, and pain, there is only room for anger and violence, and none for learning, caring, innovation, etc. Reduce stress and change the world.
One would have to believe the assertion, that these crimes are being treated differently according to race of victim and perpetrator, in order to have outrage over it. The outrage is that a human being is innocently walking down the street and is violently attacked according to his skin color.
David,
“What strikes me as very strange is that there have been many videos of blacks striking whites, but no arrests are made and publicized until a white man strikes a black man.”
Not true. There are several black people that have been arrested in different states already and it was well publicized, eg. NY , PA, MI. Just search under knockout+ black arrest
I agree with other commenters here that the problem is largely oneof media promotion of the idea that violent crime is a game of some sort. So now we’re getting copy cat attacks where criminals are presenting their actions as a game.
And you are doing the exact same thing, explicitly referring to these attacks as a game. You should retract that as a matter of urgency.
Has the Obama Administration stepped in to intervene in similar cases in Brooklyn, New York?
WHAT KNOCKOUT GAME? Surveys of major metro police depts. always get the same answers: “What are you talking about?”
This is an invention of Fox News. Please cite the cases that represent a trend, or the actual existence of this game!
Mark Gisleson wrote: “This is an invention of Fox News. Please cite the cases that represent a trend, or the actual existence of this game!”
I guess Fox News is the only news agency doing adequate reporting on the game. If you search for knockout game on YouTube, you get 852,000 videos.
http://www.youtube.com/results?search_query=knockout+game&sm=3
Hate is not a crime, it is a condition.We should dispose of our hate “crime” laws post haste. Prosecute the action, not the thought.
What strikes me as very strange is that there have been many videos of blacks striking whites, but no arrests are made and publicized until a white man strikes a black man.
This whole activity is wrong by both blacks and whites. There is no need to have hate crime laws. They should all be prosecuted the same and preference should not be given toward prosecuting white on black crime as we see here. Nor should there be a preference in prosecuting crimes by blacks.
At some point we need to end this class system created by proponents of hate crime laws. Hate crime laws have nowhere to go but form a basis of prosecution based upon thoughts and motives of the heart rather than criminal action. History has led us away from these barbaric standards of law practiced by various dictators of the past. Why are we allowing ourselves to be led back into a class system? The law should be blind in regards to race. It should not provide for unequal treatment based upon racial classifications.
My opinion is that this is definitely a hate crime. I don’t know what the difference would be if it’s tried as a federal case or a state case. One things for sure, if that picture is his mug shot, it should be shown at the trial. That fool looks like he is very proud of what he’s done.