On September 20, 2015, at about 9:15 p.m., the victim, a white male 29 years old, was walking to a friend’s home. When he reached the intersection of Sylvester and Wycliff he was attacked by 4 male suspects. The suspects assaulted the victim with their hands, feet, and a baseball bat. During the assault the suspects stole property from the victim’s pockets. The victim suffered a fractured skull and numerous cuts, abrasions and bruises. The victim is currently hospitalized in stable condition. Because of the serious nature of the injuries and the use of the bat as a deadly weapon, this offense is considered an Aggravated Robbery. This incident is documented on case number 219138-2015.
During this prolonged attack the suspects made numerous derogatory statements referencing the victim’s perceived sexual orientation. After removing the victim’s property, the suspects continued assaulting him and
using hate speech. This offense occurred after the Allen Ross freedom parade to celebrate GLBT pride, a day of historical significance in the GLBT community. Preliminary investigation indicates that this offense meets the criteria of a hate crime.
The Code of Criminal Procedure Article 42.014 and Penal Code Section 12.49 provide for enhanced sentencing if the trial court finds that an offense was committed because of bias or prejudice for offenses under Title 5 Penal Code or Sections 28.02, 28.03, and 28.08 Penal Code.
Article 42.014 has no application to the offense of Aggravated Robbery, Section 29.03. Aggravated Robbery is a Felony of the first degree punishable by 5-99 years or life in prison. A first degree felony cannot be enhanced during the punishment phase of a trial.
The Robbery Unit is canvassing for witnesses and video evidence. Anyone with information about this offense or these suspects is asked to contact Detective Arredondo at 214-671-3638.
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