Judge Rules Against Neronha’s Call for Hate Crime Sentencing in Barrington Assault
Wednesday, February 10, 2021
A Rhode Island judge on Tuesday ruled against Rhode Island Attorney General Peter Neronha's call for enhanced hate crime sentencing in a Barrington assault.
Last week, Neronha announced that Richard Gordon, age 71, was found guilty on misdemeanor assault and disorderly conduct charges, stemming from a fight with his next-door neighbor in Barrington on August 3, 2020.
Neronha's office filed a sentencing enhancement in this case, pursuant to Rhode Island’s Hate Crimes Sentencing Act, on August 11, 2020. In Rhode Island, there is no free-standing hate crime -- a defendant must first be convicted of a criminal offense.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTIf a defendant is convicted of a criminal offense, there is a separate sentencing hearing at which the State must prove that the criminal offense was motivated by “the actor's hatred or animus toward the actual or perceived disability, religion, color, race, national origin or ancestry, sexual orientation, or gender of that person.”
Judge Stephen Isherwood on Tuesday ruled there was no such evidence. The enhanced sentence would have meant at least 30 days and up to a year in prison.
The state's prosecution said that Gordon’s use of the N-word, in addition to calling his neighbor a "rag-head" was enough to demonstrate motivation that rose
Isherwood, who called Gordon's language and actions grotesque and vulgar, said they did not add up to a hate crime however.
Isherwood sentenced Gordon to 18 months of probation -- one year for an assault and battery charge and six months for disorderly conduct.
Gordon also faces 40 hours of community service, no contact with his neighbors, and mental health programs, including a racial sensitivity counseling.
