My response to Chief Spagnoli

Dear Chief Spagnoli:

Thank you for your quick reply.

I am happy to hear that the Benicia Police Department is investigating this occurrence and not dismissing it as just another graffiti.

I must take issue with regard to your assertion that the crime did not occur on private property and, therefore, there is no protected victim. The incident in question involved numerous tags. I have attached a picture that shows that the fence of my neighbor, adjacent to the tag in question, was a victim of the incident (along with the City). In my humble opinion, the very nature of the tag stating "Arab Nigga" shows clear motivation by bias, and you have at least one protected victim by definition, my neighbor.

I suppose we could just ignore it but I don't believe that is the intent of the California Hate Crimes Code. These latest tags don't seem to be the work of just a bunch of bored kids with a spray can. This seems to be of a more serious nature. I don't think it should be ignored. Rather, it should be taken very seriously.

..Ross Sagun

10/14/2008

Hello Ross-

In answer to your question, the Benicia Police Department complies with the reporting requirements of Hate Crimes as defined by the penal code. Once we complete this investigation, the case will be classified appropriately. In this case, one important fact to support a hate crime classification is an intended victim or victims, since this is not on private property. Hate crimes occur when a suspect targets a protected victim, and the crime is motivated by bias.

DOJ is specific in their reporting guidelines in stating " specific facts need to be present that the offender's actions were motivated by bias" therefore connecting it to an intended target can assist in establishing the elements to this crime.

You may contact Lt. Bob Oettinger via email boettinger@ci.benicia.ca.us if you have further information to provide regarding this investigation or our policy on investigation hate crimes.

Sincerely,

Sandra Spagnoli