March 15, 2012
Occupy Oakland protesters face robbery, hate crime charges
Kevin Mark Kline READ TIME: 3 MIN.
Three Occupy Oakland protesters are facing robbery and hate crimes charges after allegedly attacking a woman and calling her anti-gay epithets.
The Alameda County District Attorney's office has charged Michael Davis, 32; Nneka Crawford, 23; and Randolph Wilkins, 25, each with a felony count of second-degree robbery and a count of violation of civil rights "because of the victim's status and perceived status as a homosexual." They've also been ordered to stay away from the alleged victim.
Attorneys representing two of the defendants dispute the charges. An attorney hadn't been assigned to Wilkins as of Tuesday morning, March 6.
According to the Oakland Police Department, officers contacted the alleged victim at 6 p.m., Wednesday, February 22 after they responded to a robbery report in the 4000 block of Piedmont Avenue.
The woman told police she had been across the street from Wells Fargo Bank "near a small group of Occupy Oakland protesters calling for a riot," according to a police statement. The woman "suggested" they not riot in her neighborhood, police said.
Officers reported that three protesters surrounded her, battered her, and "yelled vulgar epithets regarding their perception of her sexual orientation." Additionally, her wallet was stolen, police said.
Documents from the Alameda County District Attorney's office say the defendants called the woman a "'Dike' [sic] and used additional derogatory slang terms for lesbians." The records also say that she was physically injured.
Officer Johnna Watson, an Oakland police spokeswoman, said she couldn't discuss whether the victim was LGBT. She said that the woman hadn't received any injuries "that would be treatable at a medical facility."
The Bay Area Reporter isn't identifying the woman because she's the victim of an alleged hate crime. She could not be reached for comment.
Davis, of Richmond, and Crawford pleaded not guilty to the charges Monday, March 5. Wilkins was expected to be assigned an attorney and enter a plea Tuesday, March 6.
As of Tuesday, Davis was in custody in Glenn E. Dyer jail in Oakland on $125,000 bail.
According to the Alameda County Public Defender's office, Crawford and Wilkins were both in Santa Rita jail Tuesday.
Yolanda Huang, the attorney representing Davis, said the protesters were leafleting and "engaging people in courteous, civil discussion" at Wells Fargo when the incident started.
Huang said the woman approached a group of protesters and "initiated a verbal altercation." She said that the woman "started using racial slurs, like the N-word" and "accusing people of using crack."
"Things got a little heated," Huang said, and the woman grabbed the button on a demonstrator's jacket. People told her to leave and also tried to restrain the woman, who was "smacking people," by holding her hand, Huang said. She added that the victim had "prior relations" with some of the other occupiers, but she didn't elaborate.
Huang said that after the woman used "the N-word," one of the defendants said, "How would you feel if I called you a bull dyke?"
It's not clear when exactly the defendants were arrested; police and other sources give differing dates.
Huang said the DA should dismiss the case and allow for a "civil compromise" and "restorative justice." She also said that Oakland police are "trying to smear" Occupy Oakland.
John Viola, who's representing Crawford, didn't respond to an interview request. However, in a statement, he said, "These charges are part of a blatant effort" by Oakland police "to discredit and intimidate activists." He added that the incident has been "exaggerated."
The preliminary hearing for all three defendants is set to begin March 16.