Yitzhak Shuchat, a white member of a civilian patrol group, and Andrew Charles, the black son of a police officer, came face to face in 2008 in a New York City neighborhood with a history of racial strife. That much is certain.
Six years later, the circumstances of the encounter in Brooklyn remain unclear, even as prosecutors pursue charges against 28-year-old Shuchat alleging he attacked Charles because of his race. Shuchat’s supporters in the area’s Orthodox Jewish community call the move a hate crime investigation gone awry.
Authorities “took a minor incident and made it into a very serious situation,” said state Assemblyman Dov Hikind, who is Jewish. “This could have been resolved a long time ago.”
The case received renewed attention last month, when deputy US Marshals retrieved Shuchat from Israel after he lost a lengthy extradition fight. He pleaded not guilty on July 18 to second-degree assault as a hate crime, attempted assault and other charges and was released on US$300,000 bail put up by Jewish benefactors.
Prosecutors have yet to explain why they are treating the case as a racial incident, Shuchat’s attorney, Paul Batista, said.
In other hate crime cases, there are typically racial slurs or other clear evidence of bias.
Asked in a recent television interview to describe their encounter, Charles responded: “They attacked us, and that’s about it.”
He did not elaborate.
The Brooklyn district attorney’s office declined to comment.
According to police, Charles was walking with a black friend when they were confronted by a white man who pepper-sprayed Charles. Then an SUV pulled up and a passenger — later identified by police as Shuchat — jumped out and hit him with a nightstick.
Authorities concluded Shuchat and the other man were volunteers with the civilian patrol, Shmira, and convened a grand jury to look into the matter — a move criticized by the Jewish community, but welcomed by black leaders.
After learning he was wanted as a suspect, Shuchat fled to Israel through Canada amid claims he could not get a fair trial.
He was indicted on the hate crime charges a few weeks later after prosecutors concluded bias was the only motive.
The defense does not dispute that Shuchat had a run-in with Charles, but it says Shuchat was responding to a radio call reporting that two black men were throwing rocks and cursing at Jews. It also claims Charles was not harmed, despite being taken to hospital.
Community activist Taharka Robinson, who is advising Charles’ family, said Shuchat’s decision to leave the country was telling.
“I don’t believe anyone would flee and go through Canada to get into Israel if they did not engage in an act that injured someone,” he said.
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