Second Texas Man Pleads Guilty to Federal Hate Crime Against Gay African-American Man

A second Texas man has pleaded guilty to hate crime offenses for his role in a Mar. 8, 2012, assault of a gay African American man in Corpus Christi, Texas, announced Principal Deputy Assistant Attorney General Vanita Gupta, head of the Department of Civil Rights Division, and U.S. Attorney Kenneth Magidson of the Southern District of Texas.

Jimmy Garza, 33, pleaded guilty in federal court in Corpus Christi to one count of conspiracy to commit hate crimes and one count of a hate crime violation based on the victim’s sexual orientation.

During the plea hearing, Garza admitted that he and others conspired to assault a gay African-American man because of his race and sexual orientation.  Garza admitted that during the assault, he and his co-conspirators punched and kicked the man, and assaulted him with various weapons, including a frying pan, a mug, a sock filled with batteries, a broom and a belt.

Garza admitted that when the victim began to bleed, the conspirators forced him to remove all of his clothing and clean up the blood throughout the apartment.  After the victim was completely naked, Garza held a gun to the victim’s head, while a co-conspirator sodomized the victim with a broom handle.  During the assault, Garza poured bleach onto the victim’s face and eyes, and struck him with a handgun.  The conspirators also whipped the victim on the back with a belt.

Garza acknowledged that throughout the assault, the conspirators repeatedly called the victim racial and homophobic slurs, and made other anti-black and anti-gay statements. 

Garza will be sentenced on Dec. 9, 2015, and faces a maximum sentence of fifteen years in prison.  Garza is incarcerated pending sentencing.

On Sept.15, 2015, Ramiro Serrata Jr. pleaded guilty to the same hate crime charges in connection with this offense.  Serrata is scheduled for sentencing on Dec. 9, 2015.  Serrata also faces a maximum sentence of fifteen years in prison.

“The federal hate crime to which Jimmy Garza Jr. and Ramiro Serrata Jr. pleaded guilty to was as shocking as it was reprehensible,” said Principal Deputy Assistant Attorney General Gupta.  “The Department of Justice will continue to use every tool at its disposal to vindicate the rights of victims of violent crime.”

“The gruesome evidence heard in today's plea of guilty underscores the importance of prosecuting hate crimes under our authority to protect the civil rights of all our citizens,” said U.S. Attorney Kenneth Magidson of the Southern District of Texas.  "These cases will continue to be a high priority of our office."

This case was investigated by the FBI’s Corpus Christi Resident Agency with assistance from the Corpus Christi Police Department.  It is being prosecuted by Trial Attorneys Jared Fishman and Nicholas Durham of the Civil Rights Division and Assistant U.S. Attorney Ruben Perez of the Southern District of Texas.

Centre County Man Pleads Guilty to Civil Rights Violations

JOHNSTOWN, PA—A resident of Centre County, Pennsylvania pleaded guilty in federal court to charges of interfering with housing, United States Attorney David J. Hickton announced today.

Ryan M. Held, a/k/a Ryan M. Foley, 21, of 133 Hemlock Street in Philipsburg, Pennsylvania, pleaded guilty to two counts before United States District Judge Kim R. Gibson.

In connection with the guilty plea, the court was advised that on August 20, 2010, Held, by force and threat of force, willfully intimidated and interfered with two minor victims, one of whom was an African-American male, because of his race and because he was occupying a dwelling; and one of whom was a female who was and had been lawfully allowing such African-American male, a friend, to occupy the dwelling in which she resided. During the afternoon of August 20, Held drove past the female victim’s home in Woodland, Pennsylvania, and saw her socializing with a few friends, one of whom was African-American. Just before midnight, Held returned to the property and placed a cross in the front yard of the female victim, approximately 60 feet from the entry to her home, and set it on fire for the purpose of intimidating and interfering with her and her African-American friend. Held spent a few minutes laying in the woods bordering the property watching the cross burn and waiting to see if anyone emerged from the residence.

“Every citizen has the right to be safe in their own home, free from racial intolerance and intimidation,” said U.S. Attorney Hickton. “We will continue to aggressively investigate and prosecute criminals whose actions are driven by bigotry and hate.”

Judge Gibson scheduled sentencing for February 7, 2013, at 10 a.m. The law provides for a total sentence of 20 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.

Judge Gibson revoked bond and ordered Held detained pending the sentencing proceeding.

Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government, together with Trial Attorney Roy Conn of the Civil Rights Division of the Department of Justice.

The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Held.

Fire at Islamic Center of Joplin

At approximately 3:40 a.m. on August 6, 2012, the Carl Junction Fire Department and the Jasper County Sheriff’s Department responded to a fire at the Islamic Center of Joplin after being notified of the fire by individuals passing the center. The center, located at 1302 South Black Cat Road, in Joplin, Missouri, sustained a total loss. The center was vacant at the time of the fire and no individuals sustained any injuries.

The FBI, in conjunction with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Jasper County Sheriff’s Department, and the Missouri Department of Fire Safety are currently investigating and providing significant resources to determine the cause of the fire. The ongoing investigation involves reconstructing the scene, identifying the cause and origin of the fire, conducting interviews, and sifting through debris to obtain and collect evidence related to the incident.

FBI Special Agent in Charge Michael Kaste stated, “We are currently in the preliminary stages of this investigation and are awaiting a determination as to the cause of this fire. If this fire is determined to be deliberate in nature, it will be investigated to the fullest extent possible. Any act of violence to a house of worship is taken very seriously by law enforcement and threatens the very core of the safety and security that our communities enjoy.”

“ATF will coordinate our efforts and provide our expertise and resources to determine the origin and cause of this fire,” said ATF Acting Special Agent in Charge Jeff Fulton. “The impact of this devastating fire is not just a loss of a building but a spiritual loss to the community.”

Jasper County Sheriff Archie Dunn stated, “I extend my deepest condolences to the community during this difficult time. The Jasper County Sheriff’s Office will continue to provide considerable resources until this investigation is completed.”

Recently, a $15,000 reward was announced by the FBI and the ATF for information leading to the arrest and indictment of the person or persons responsible for the fire at this same center on July 4, 2012. Surveillance video, a press release, and an image of the suspect from the July 4th fire are available at http://www.fbi.gov/kansascity/press-releases/2012/fbi-seeks-assistance-from-the-public. The FBI, along with the other agencies involved, will continue to investigate to determine if these two acts of violence are connected in any way.

This case is being investigated by the FBI, the ATF, the Jasper County Sheriff’s Office, and the Missouri Division of Fire Safety.

Law enforcement is requesting the assistance of the public in this matter. Anyone with information regarding this fire is requested to contact any of the investigating agencies listed.

■FBI Joplin Resident Agency: (417) 206-5700

■Jasper County Sheriff’s Office: Detective Tim Williams (417) 358-8177, ext. 1223

■ATF: (417) 837-2100 or 1-888-ATF-FIRE

■Missouri Division of Fire Safety Arson Hotline: 1-800-392-7766

Statement by Secretary Napolitano on Shooting in Wisconsin

"Yesterday's tragedy in Wisconsin is deeply saddening.  The Department of Homeland Security will continue to provide any support necessary to the ongoing investigation.  Our thoughts and prayers go out to those impacted by this tragedy, the Sikh community, and especially the family and friends of those killed or wounded."

Two Women Plead Guilty in Maryland to Civil Rights Violations

WASHINGTON—Two Baltimore women pleaded guilty today for their involvement in a racially motivated conspiracy to interfere with an African family’s housing rights by hanging a dead raccoon on the family’s porch, the Justice Department announced.

Dena Whedbee, 42, and her daughter Brittany Whedbee, 20, each pleaded guilty in the District of Maryland to one count of conspiracy to deprive a person of civil rights and one count of violating the Fair Housing Act.

According to their plea agreement, in April 2010, Dena Whedbee and Brittany Whedbee conspired with Joshua Wall, Billy Pratt, and another co-conspirator to hang a dead raccoon from a noose on the porch of a family from Africa in order to frighten the family and interfere with their housing rights. Dena Whedbee admitted that she and another co-conspirator found the dead raccoon, and that Wall, Pratt and the other conspirator used the raccoon to carry out their plan on the night of April 29, 2010. Both Dena and Brittany Whedbee also admitted that they encouraged their co-conspirators to hang the raccoon on the family’s porch.

The defendants face a maximum penalty of 10 years in prison and a $250,000 fine for conspiracy to deprive a person of civil rights and one year in prison and a $100,000 fine for violating the Fair Housing Act. U.S. District Judge Ellen L. Hollander has scheduled sentencing for December 14, 2012.

Billy Pratt, 24, of Baltimore, and Joshua Wall, 20, of Essex, Maryland, previously pleaded guilty for their involvement in the conspiracy. Their sentencings are scheduled for August 17, 2012.

This case was investigated by Special Agent Mia Winkley of the FBI and is being prosecuted by Trial Attorney Angie Cha of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney P. Michael Cunningham.

DOJ Files Lawsuit Against FLDS, Colorado Cities

The Justice Department filed a lawsuit against the town of Colorado City, Ariz.; the city of Hildale, Utah; Twin City Water Authority; and Twin City Power alleging a pattern or practice of police misconduct and violations of federal civil rights laws.   The complaint alleges discrimination based on religion in violation of the Fair Housing Act, the Violent Crime Control and Law Enforcement Act and Title III of the Civil Rights Act of 1964.  This is the first lawsuit by the Justice Department to include claims under both the Fair Housing Act and the Violent Crime Control and Law Enforcement Act.

The adjoining towns of Colorado City and Hildale are located on the border of Arizona and Utah and are populated primarily by members of the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS).  The FLDS is not affiliated with the Church of Jesus Christ of Latter-day Saints. 

The lawsuit, filed in the U.S. District Court for the District of Arizona, alleges that defendants discriminated against individuals who are not members of the FLDS by engaging in a pattern or practice of violating the First, Fourth and Fourteenth Amendments to the U.S. Constitution and the Fair Housing Act.  The complaint contends that the cities, their joint police department and local utility providers under the cities’ control have allowed the FLDS Church to improperly influence the provision of policing services, utility services and access to housing and public facilities, and that this improper influence has led to discriminatory treatment against non-FLDS residents.

Specifically, the complaint alleges that the Colorado City Marshal’s Office (CCMO), the cities’ joint police department, routinely uses its enforcement authority to enforce the edicts and will of the FLDS; fails to protect non-FLDS individuals from victimization by FLDS individuals; refuses to cooperate with other law enforcement agencies’ investigations of FLDS individuals; selectively enforces laws against non-FLDS; and uses its authority to facilitate unlawful evictions of non-FLDS, among other unlawful conduct.  The complaint also alleges that Colorado City, Hildale, Twin City Water Authority and Twin City Power have denied or unreasonably delayed providing water and electric service to non-FLDS residents, and that the municipalities refuse to issue building permits and prevent individuals from constructing or occupying existing housing because of the individuals’ religious affiliation.