Category Archives: Hate Crimes

Washington’s 2022 Crime Report: Homicides Are Up, Police Staffing is Down

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The Washington Association of Sheriffs and Police Chiefs‘ (WASPC) reported that Homicides and other violent crimes increased in Washington state at a dramatic pace last year.

“The rate of murders, violent, and property crimes rose across the state, while the number of officers available to respond and serve our communities decreased again in 2022. There were 394 murders in 2022, an increase of 16.6% over 2021. This is the highest number of murders recorded since WASPC began collecting this data in 1980. Homicides have increased by 96% since 2019. Crimes against persons, property, and society all increased in 2022, and violent crimes showed an increase of 8.9%.” ~WASPC 2022 Crime Report

The report analyzed 2022’s crime data across the state. It was compiled with data from 231 state, county, municipal, and tribal agencies within Washington.

WHAT DOES THE OTHER DATA REVEAL?

Other significant trends the report disclosed were motor vehicle theft rising by 34%. Also, nearly 46% of all crimes against persons were defined as domestic violence. Moreover, 544 hate crimes were reported last year. Finally, the state logged 719 fewer arrests for drug or narcotic violations.

This data follows a pattern the state saw last year with increases in violent crime. According to WASPC’s report, violent crime increased by 12.3% from 2020 to 2021. There were 325 murders recorded in 2021, an increase of 5.9% over 2020. The year 2021 had the highest number of murders recorded before 2022 broke its record.

ENROLLMENT FOR LAW ENFORCEMENT OFFICERS DECREASED.

“The total number of commissioned officers statewide was 10,666, down from 10,736 in 2021, while the total population of the state increased by 93,262,” the report continued. “Washington again is ranked 51st out of the 50 states and District of Columbia for the number of officers per thousand residents. Reported cases of officers assaulted were 2,375 in 2022, an increase of 20.7%.”

The report said the reduced law enforcement staffing means less ability to provide justice for victims, fewer people to de-escalate, less behavioral health assistance and many agencies “treading water.”

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

New Bill Strengthens Prosecution of Hate Crimes

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Say No To Hate Crimes - City of Renton

A bill passed in Washington is expanding the state’s definition of a hate crime and strengthens the ability to prosecute those crimes. Governor Jay Inslee signed Senate Bill 5623 into law on April 6 after it was passed with overwhelming support in the House and Senate earlier this year.

“This bill takes the common sense step of recategorizing hate crimes as crimes against a person and also provides our communities with the justice they deserve in the wake of these traumatic crimes.” ~ King County Prosecuting Attorney Leesa Manion

Senator Manka Dhingra sponsored the legislation. She states that Hate Crime offenses are reclassified as crimes against persons. The bill also replaces the phrase “physical injury” with “assault” in the definition of Hate Crime to account for more situations. Assaults that are meant to intimidate and demean, like spitting on someone, will now be grounds for prosecution as a Hate Crime.

ESB 5623 modifies the conduct that constitutes a Hate Crime offense to include when a person maliciously and intentionally assaults a victim because of the person’s perception of certain characteristics about the victim. Including the victim’s race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or disability.

SB 5623 will allow courts to impose therapeutic treatment for offenders meant to rehabilitate them. This is something that the victims of hate crimes often ask for in court. The bill also expands the definition of a hate crime. Right now, assaults have to result in a physical injury for it to be considered a hate crime.

Under the new bill, assaults that are meant to intimidate or demean but don’t result in injury can be considered a hate crime. An example of that would be spitting on someone. Supporters of the bill say hate crimes are corrosive to society and make communities feel unwelcome.

In Washington state, there were more than 500 hate crimes committed against a person in 2021, according to the Department of Justice. Their data shows the biggest motivators of hate crimes are largely race and ethnicity, followed by sexual orientation and then religion.

If prosecuted for a Hate Crime offense, the trier of fact may infer that a person intended to threaten a victim if the person committed one of the following acts:

  • Burns a cross on the property of a victim who is or whom the person perceives to be of African American heritage.
  • Defaces the property of a victim who is or whom the person perceives to be of Jewish heritage by defacing the property with a swastika.
  • Defaces religious real property with words, symbols, or items that are derogatory to persons of the faith associated with the property.
  • Places a vandalized or defaced religious item or scripture on the property of a victim who is or whom the person perceives to be of the faith with which that item or scripture is associated.
  • Damages, destroys or defaces religious garb or other faith-based attire belonging to the victim or attempts to or successfully removes religious garb or other faith-based attire from the victim’s person without the victim’s authorization.
  • Places a noose on the property of a victim who is or whom the person perceives to be of a racial or ethnic minority group.

Words alone do not constitute a Hate Crime offense unless the context or circumstances surrounding the words indicate the words are a threat. Threatening words do not constitute a Hate Crime offense if it is apparent to the victim that the person does not have the ability to carry out the threat.

A Hate Crime offense is a class C felony and is punishable by a maximum sentence of five years of imprisonment, a $10,000 fine, or both. In addition, the victim of a Hate Crime offense may bring a civil cause of action against the perpetrator. Claims can include actual damages, punitive damages of up to $100,000, and reasonable attorneys’ fees and costs.

The bill will go into effect this summer, on July 23.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

FBI’s Hate Crime Statistics in Whatcom County

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United States Department of Justice-Hate Crimes-Learn More

Informative article by Robert Mittendorf discusses the FBI’s recent statistics on Whatcom County’s Hate Crime numbers. The FBI’s report included incidents from 2021 that were reported from numerous police agencies. Information was gleaned from Bellingham Police, the Whatcom County Sheriff’s Office, Western Washington University Police, Lummi Nation and Nooksack tribal police, and police in Blaine, Everson, Ferndale, Lynden and Sumas.

A total of 12 hate crimes were reported in Whatcom County in 2021, down from 20 in 2020. As a caveat, Whatcom County agencies did not report bias incidents, which often don’t meet the legal standard for a hate crime. Malicious Harassment is what a hate crime is called in Washington state. It must include an assault or vandalism, or cause reasonable fear in the victim.

The 2021 crime statistics included the following:

  • Bellingham reported nine incidents, including six with racial motivation, one with religious overtones and two that involved sexual orientation. That overall figure was down from 14 incidents that Bellingham Police reported to the FBI in 2020. One incident was anti-white and another was anti-Protestant, according to the data.
  • Three of the six racially motivated incidents in 2021 were directed at people of Asian heritage, who have faced increasing harassment in recent years.
  • Whatcom County reported a single hate crime in 2021, an incident that was listed as anti-Hispanic or Latino.
  • A total of four hate crimes were reported by the Sheriff’s Office in 2020. Members of the Whatcom County Council voted 4-3 to form a Racial Equity Commission earlier this year, and both the Bellingham City Council and the Whatcom County Council have said that racism is a public health crisis.
  • Western Washington University reported two hate crimes in 2021, both based on religion. WWU also reported two incidents in 2020. One victim at WWU was of the Sikh faith and the other was Jewish, according to the report. WWU has seen several racial bias incidents this fall, including those directed at Jews, Iranian Muslims and Blacks, The Herald has reported.
  • Lynden Police reported a single hate crime in 2021, an assault where gender identity was the motive.
  • Police in Blaine, Everson, Ferndale and Sumas reported no hate crimes that met FBI guidelines in 2021.
  • Lummi Nation and Nooksack Tribal Police reported no hate crimes in 2021.

My opinion? Hate crimes occur when a perpetrator targets a victim because of his or her membership in a certain social group, usually defined by race, religion, color, national origin (or ethnicity), age, disability, sexual orientation, gender, or gender identity. Hate crimes are different because they’re not always directed simply at an individual. They are meant to cause fear and intimidation in an entire group or class of people.

However, simply because someone believes they are victimized for their race, religion, etc., doesn’t always mean they are actually victims of hate crimes. Perhaps the perpetrator suffered from a mental health episode. Perhaps a lack of evidence may exist. Or perhaps the alleged victim was overly sensitive. And we can’t overlook the fact that some want to increase such prosecutions by defining so-called “hate speech” as a hate crime. “Cancel culture” and “trigger warnings” are bad enough, but criminalizing speech that some find offensive?

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

The Feds Increased Prosecution of Domestic Terrorism

Bellingham Defense Attorney, Domestic Terrorism, Federal Crimes & Prosecutions, felony, Hate Crimes, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense

Detecting the Financing of Domestic Terrorism - Financial Crime News

Excellent article by Matt Zapotosky  and Devlin Barrett discusses how the Justice Department formed a new domestic terrorism unit.

The announcement came from Matthew G. Olsen, the head of the Justice Department’s national security division. Mr. Olson announced the creation of the unit in his opening remarks before the Senate Judiciary Committee. He said the number of FBI investigations of suspected domestic violent extremists had more than doubled since the spring of 2020.

“This group of dedicated attorneys will focus on the domestic terrorism threat, helping to ensure that these cases are handled properly and effectively coordinated across the Department of Justice and across the country.” ~Matthew G. Olsen, Justice Department’s National Security Division

Olsen sought to assure lawmakers that the Justice Department is investigating and prosecuting all of those who committed crimes, no matter what motivated them. Olsen said authorities had arrested and charged more than 725 people. Charges included more than 325 felonies in conneced to the January 6th attack on the Nation’s Capitol. According to the article, the FBI is seeking to identify and arrest more than 200 additional suspects.

The Justice Department and the bureau have faced criticism in recent years for not focusing as intensely on domestic terrorism as they do internationally inspired threats, though officials have insisted they take both matters seriously.

Last year, the White House released a national strategy to address the problem, calling for, among other things, new spending at the Justice Department and FBI to hire analysts, investigators and prosecutors. It is believed the Capitol attack will spur broad crackdown on domestic extremists.

Historically, domestic terrorism investigations come with more procedural and legal hurdles than cases involving suspects inspired by groups based outside the United States, such as the Islamic State or al-Qaeda. The charge of material support for a foreign terrorist group, for instance, has no legal equivalent for someone eager to commit violence in the name of domestic political goals.

My opinion? Obviously, the breach of the Capitol has spurred new political and policy debates abouthow the government combats domestic terrorism. This may trickle down to more localized prosecutions. State prosecutors may become emboldened to prosecute Hate Crimes and other crimes involving speech, race or political affiliations.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Twitch Cracks Down on Hate Speech & Harassment

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Hard Questions: Where Do We Draw the Line on Free Expression? - About Facebook

Great article by reporter Kellen Browning of the New York Times reports that Livestreaming platform Twitch stops hate speech by releasing updates to its Hateful Conduct and Harassment Policy aimed at better protecting its community of gamers and users from hate speech, sexual harassment and other harmful online attacks.

“We know that many people on Twitch — particularly women, members of the LGBTQIA+ community, Black, Indigenous, and people of color — unfortunately continue to experience a disproportionate amount of harassment and abuse online, including on our service. . . Not only is this blatantly unacceptable, it also undermines the community we’re building on Twitch and threatens the long term viability of streaming as a career for everyone who wishes to pursue it.” ~Twitch Post Regarding Updates to Its Hateful Conduct and Harassment Policies

The changes make several aspects of Twitch’s current policy clearer and more explicit, banning actions like encouraging people to doxx another user, repeatedly commenting on someone’s physical appearance if you’ve been asked to stop, or displaying the Confederate flag.

The new policy will take effect on Jan. 22, 2021. Until then, Twitch’s team will continue to moderate content using its existing guidelines, the post said.

Interesting.

Apparently, Twitch is responding to the call for more and better moderation/management of its online platforms. In all likelihood, the recent presidential elections ushered an increase in all types of harassment, including Hate Crimes and Felony Harassment. These crimes are felonies in the State of Washington.

Please contact my office if you, a friend or family are charged with Hate Crimes and Felony Harassment. Not all commentary is abusive, bullying and/or hate speech. Indeed, most content is protected by the First Amendment. Hiring an experienced and effective criminal defense attorney is the first and best step towards justice.

FBI Releases 2019 Hate Crime Statistics

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Pie chart depicting breakdown of motivations of bias-motivated crimes in the Hate Crime Statistics, 2019 report.

In a press release issued today, the FBI gave Hate Crime Statistics, 2019, which is the Uniform Crime Reporting (UCR) Program’s latest compilation about bias-motivated incidents throughout the nation. The 2019 data, submitted by 15,588 law enforcement agencies, provide information about the offenses, victims, offenders, and locations of hate crimes.

Law enforcement agencies submitted incident reports involving 7,314 criminal incidents and 8,559 related offenses as being motivated by bias toward race, ethnicity, ancestry, religion, sexual orientation, disability, gender, and gender identity.

Victims of Hate Crime Incidents

  • According to the report, there were 7,103 single-bias incidents involving 8,552 victims. A percent distribution of victims by bias type shows that 57.6% of victims were targeted because of the offenders’ race/ethnicity/ancestry bias; 20.1% were targeted because of the offenders’ religious bias; 16.7% were victimized because of the offenders’ sexual-orientation bias; 2.7% were targeted because of the offenders’ gender identity bias; 2.0% were victimized because of the offenders’ disability bias; and 0.9% were victimized because of the offenders’ gender bias.
  • There were 211 multiple-bias hate crime incidents, which involved 260 victims.

Offenses by Crime Category

  • Of the 5,512 hate crime offenses classified as crimes against persons in 2019, 40% were for intimidation, 36.7% were for simple assault, and 21% were for aggravated assault. Fifty-one (51) murders; 30 rapes; and three offenses of human trafficking (commercial sex acts) were reported as hate crimes. The remaining 41 hate crime offenses were reported in the category of other.
  • There were 2,811 hate crime offenses classified as crimes against property. The majority of these (76.6%) were acts of destruction/damage/vandalism. Robbery, burglary, larceny-theft, motor vehicle theft, arson, and other offenses accounted for the remaining 23.4% of crimes against property.
  • Two hundred thirty-six (236) additional offenses were classified as crimes against society. This crime category represents society’s prohibition against engaging in certain types of activity such as gambling, prostitution, and drug violations. These are typically victimless crimes in which property is not the object.

In Washington, Malicious Harassment is a crime you may face in addition to any other existing charges if the prosecution has deemed that there is sufficient cause to believe that your actions were motivated by personal bias or bigotry. Malicious Harassment is a Class C Felony. The statute reads:

“(1) A person is guilty of malicious harassment if he or she maliciously and intentionally commits one of the following acts because of his or her perception of the victim’s race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap:

(a) Causes physical injury to the victim or another person;

(b) Causes physical damage to or destruction of the property of the victim or another person; or

(c) Threatens a specific person or group of persons and places that person, or members of the specific group of persons, in reasonable fear of harm to person or property. The fear must be a fear that a reasonable person would have under all the circumstances. For purposes of this section, a “reasonable person” is a reasonable person who is a member of the victim’s race, color, religion, ancestry, national origin, gender, or sexual orientation, or who has the same mental, physical, or sensory handicap as the victim. Words alone do not constitute malicious harassment unless the context or circumstances surrounding the words indicate the words are a threat. Threatening words do not constitute malicious harassment if it is apparent to the victim that the person does not have the ability to carry out the threat.”

The jury must put themselves into the shoes of what the statute defines as a reasonable individual, rather than their own mindset.  From a defense standpoint, the prosecutor’s burden of proof may be difficult to properly enact if the jurors are not members of the group that the alleged hate crime has offended. Moreover, not all crimes that occur between people of different races and nationalities are necessarily hate crimes.

Please contact my office if you or a loved one is currently facing charges for a hate crime, and/or Malicious Harassment. Defending against these allegations is difficult, and there is very little room for negotiation. Hiring competent and experienced defense counsel is your first and best step towards justice.



Alexander F. Ransom

Attorney at Law
Criminal Defense Lawyer

119 North Commercial St.
Suite #1420
Bellingham, WA 98225

117 North 1st Street
Suite #27
Mount Vernon, WA 98273

Phone: (360) 746-2642
Fax: (360) 746-2949

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