Chenango County grand jury indicts hate crime case
NORWICH – The case of 32-year-old Jacob M. Fowlston, of Norwich, appeared in front of the grand jury of Chenango County following the three counts of hate crime, stemming from an assault charge, and criminal mischief against the defendant.
When a case gets presented for a grand jury proceeding, the prosecutor will them explain the law to the members of the grand jury, and present the necessary evidence against a particular defendant. The members on the grand jury then decide based on what was presented, whether or not there is reasonable evidence to show that a felony was committed and if there is enough reasonable doubt that the defendant in question committed said felony offense.
At approximately 3:45 a.m., on Dec. 24, 2016, on Fair Street in the City of Norwich, Fowlston is accused intentionally committing the crime of assault in the third degree, as a hate crime, a class E felony in violation of section 120.00, subdivision one and section 485.05 of the penal law. Fowlston is accused of intentally causing physical injury to the victim by striking him multiple times in the head with a closed fist. As a result, the victim allegedly received a concussion and bruises.
What connects the charges of this violent assault to a hate crime according to documents from the Chenango County District Attorney’s Office is solely on the fact that Fowlston did allegedly did strike the victim based on his race and/or color.
Per New York Penal law, a person is guilty of assault in the third degree as a hate crime if he, “Intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct; or intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.”
Furthermore, it is alleged Fowlston did in fact yell [racial epithets redacted] prior to, during and after the offense of assault.
The second count against Fowlston is seperate charge of assault in the third degree, a class A misdemeanor, in violation of section 120.00, subdivision one of the penal law. The third count being criminal mischief in the fourth degree, a class A misdemeanor, in violation of section 145.00 subdivision one of the penal law. Fowlston did internally damage the victim's prescription eye glasses when being punched multiple times in the face with a closed fist, while the defendant having no right to do so.
Fowlston is scheduled to appear in the Chenango County Court at a later date.
When a case gets presented for a grand jury proceeding, the prosecutor will them explain the law to the members of the grand jury, and present the necessary evidence against a particular defendant. The members on the grand jury then decide based on what was presented, whether or not there is reasonable evidence to show that a felony was committed and if there is enough reasonable doubt that the defendant in question committed said felony offense.
At approximately 3:45 a.m., on Dec. 24, 2016, on Fair Street in the City of Norwich, Fowlston is accused intentionally committing the crime of assault in the third degree, as a hate crime, a class E felony in violation of section 120.00, subdivision one and section 485.05 of the penal law. Fowlston is accused of intentally causing physical injury to the victim by striking him multiple times in the head with a closed fist. As a result, the victim allegedly received a concussion and bruises.
What connects the charges of this violent assault to a hate crime according to documents from the Chenango County District Attorney’s Office is solely on the fact that Fowlston did allegedly did strike the victim based on his race and/or color.
Per New York Penal law, a person is guilty of assault in the third degree as a hate crime if he, “Intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct; or intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.”
Furthermore, it is alleged Fowlston did in fact yell [racial epithets redacted] prior to, during and after the offense of assault.
The second count against Fowlston is seperate charge of assault in the third degree, a class A misdemeanor, in violation of section 120.00, subdivision one of the penal law. The third count being criminal mischief in the fourth degree, a class A misdemeanor, in violation of section 145.00 subdivision one of the penal law. Fowlston did internally damage the victim's prescription eye glasses when being punched multiple times in the face with a closed fist, while the defendant having no right to do so.
Fowlston is scheduled to appear in the Chenango County Court at a later date.
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