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San Diego, Where Being Called ‘Faggot’ During a Gay Bashing Doesn’t Make It a Hate Crime

Jacob Harshbarger, the San Diego man called a “fucking faggot” during a Halloween gay bashing he suffered while walking his dogs, might see his assailants meet some justice: 23-year-olds Michael Brandon and Christopher Blount have been charged with felony battery counts. Police initially called the attack a matter of “being in the wrong place at the wrong time,” and not a hate crime. It appears they’re sticking to it: prosecutors aren’t levying any hate crime element to the charges.

Meanwhile a second San Diego attack is being reported, with Martin Niwinski (pictured) and Daniel Crawford getting beat up the following day after Crawford was called “faggot” while dressed up as Freddie Mercury. Neither men are gay, which has Det. Gary Hassen brushing off any hate crime element, because while “a disparaging remark was made … he [Crawford] was sitting with his girlfriend. He is not gay, and as such, can not be a victim of a hate crime.”

What was that about perceived sexual orientation?

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