Police in West Hollywood, California have charged three men in connection with at least one anti-gay attack last month. The men were however charged with assault, attempted robbery and conspiracy, but not with committing hate crimes, reported The Austin American-Statesman.
Although District Attorney Steve Cooley said a review of the evidence determined the true motive of the assault was robbery and two of the defendants had been previously convicted of robbery.
Larry Walker, 29, and Vincent Dotsun, 18, had been detained on Wednesday for investigation of assault with a deadly weapon, attempted robbery and the commission of a hate crime. A third suspect, Torwin Sessions, 19, was jailed on an unrelated matter.
The move outraged community activists and politicians, who staged a protest rally denouncing the prosecutors' decision.
"We're absolutely incredulous," said Mayor Pro Tem Steve Martin. "I guess there's a sense that the crime has been trivialised to some mundane, run-of-the-mill attempted robbery."
They were charged on Thursday in a Beverly Hills Superior Court on two counts each of assault with a deadly weapon and one count each of attempted robbery and conspiracy to commit a robbery.
Prosecutors say they attacked actor Treve Broudy, 33, on a quiet West Hollywood street on Sept. 1 after he hugged a male friend outside a restaurant where they ate. His 22-year-old friend who was also assaulted escaped without serious injuries while Broudy who remained in a coma for nine days, is now in stable condition in a Los Angeles hospital but faces long-term rehabilitation.
According to prosecutors, Sessions faces a maximum of 19 years in state prison, while Walker could get up to 16 years and Dotson as much as six years if convicted.
Police are investigating whether the suspects were involved in other assaults on gay men in West Hollywood. A 35-year-old man who was attacked on the same night escaped with just bruises to his back and head while the fourth, a 55-year-old man was beaten on Sept. 22 by two men yelling anti-gay epithets and wielding a bat and a pipe.
The attacks had put the city - home to a substantial gay population and major destination for gay, lesbian and transgender people - on alert; late-night police patrols have nearly doubled.
The men were originally arrested for investigation of robbery and automobile grand theft before they were linked to the attack, Castro said.
It is not known if the US$91,000 reward offered for information leading to arrests has been collected by the anonymous person(s) who gave the police tip-offs.