Attorneys seek hate-crime charges after Detroit crash
A Detroit woman injured in a crash is trying to pursue hate-crime charges over racial threats.
The Wayne County Prosecutor’s Office announced Sept. 29 that an 18-year-old Detroit woman faces two misdemeanors for leaving the scene of the Sept. 12 crash near Paul Drive and the Southfield Freeway service drive.
Prosecutors said she allegedly disregarded a traffic signal and hit the other driver’s vehicle about 10:16 p.m. She is charged with failure to stop at a personal injury accident and failure to stop at a property damage accident.
Detroit police arrested her Sept. 14. She was arraigned Sept. 17 in 36th District Court and released on a $10,000 personal bond. A pretrial conference is scheduled for Oct. 1 at 8:30 a.m. before Judge Lynise Bryant.
Attorneys Johnny Hawkins and Vonda Evans called for further investigation at a Sept. 29 news conference in Southfield. Their client, who is Black, said a crowd surrounded her vehicle, opened its doors and took her purse. She alleged that people used racial slurs, helped the other driver leave and threatened a bystander with a baseball bat.
The prosecutor’s office denied a warrant request for a 20-year-old Detroit man involved in the confrontation, citing insufficient evidence to prove a crime beyond a reasonable doubt. Prosecutors said further investigation was needed and that additional charging decisions would depend on the facts and law.
Detroit Police Chief Todd Bettison said the department would not tolerate threats or intimidation. He also cautioned against treating the conduct of those involved as representative of Detroit’s Arab American community.
The allegations of threats and theft remain unproven. The driver’s misdemeanor charges concern leaving the crash scene.
What makes conduct a hate crime in Michigan?
Michigan’s hate-crime law requires malicious, intentional conduct based at least partly on an actual or perceived protected characteristic, such as race, color, religion or ethnicity. Under MCL 750.147b, that conduct must involve force or violence, bodily injury, stalking, unauthorized property damage or a true threat to commit those acts.
A true threat is a serious expression of intent to commit unlawful violence against a particular person or group, including unlawful damage to their property. It includes communications made while consciously disregarding a substantial risk that they will be viewed as threatening violence. Offensive speech alone does not establish a hate crime, though racial slurs can help show motive.
Can a hate-crime victim sue without criminal charges?
Yes. A person who suffers injury or property damage because of a hate crime can bring a civil lawsuit regardless of whether a criminal prosecution occurs or how it ends.
A plaintiff who proves the civil claim may recover three times actual damages or $25,000, whichever is greater, plus reasonable attorney fees and costs. Michigan Legal Center’s explanation of intentional harm and assault-related civil claims describes why criminal proceedings and civil compensation require separate consideration.
Get help from Michigan Legal Center
Michigan Legal Center: the Law Offices of Christopher J. Trainor & Associates handles car accident, personal injury and civil rights claims.
If you were injured in a crash or harmed during a confrontation, contact Michigan Legal Center to ask whether your situation falls within Michigan Legal Center’s practice areas.
There is no attorney fee unless money is recovered for you. Case costs and fee terms are governed by the written fee agreement.