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Posted on Tue, Oct 6, 2009 : 1:50 p.m.

Washtenaw County prosecutors: Assault involving Skyline High student was not a hate crime

By Art Aisner

Washtenaw County prosecutors said today they found no evidence of a hate crime in the Sept. 8 fight that injured a 16-year-old Muslim girl who attended Skyline High School.

Chief Deputy Assistant Prosecutor Steve Hiller said four Skyline High School students will be ordered to appear in juvenile court on undisclosed charges. He would not discuss the ages, genders, or ethnicities of those who will be charged at this point.

“There will not be any ethnic intimidation charges from this investigation,” he said. “Suffice it to say, we did not feel there was evidence to justify any ethnic intimidation charges.”

Hiller said today a review of the Ann Arbor Police investigation into the incident ended last week. Four teens ages 16 and under are expected to be charged.

Letters explaining the charges and juvenile court process are expected to be mailed to students this week.

Dawud Walid, head of the Michigan chapter of the Council on American-Islamic Relations, said the organization is curious to see who will be charged in the "assault" case and what the charges will be. He has not yet talked to the 16-year-old girl's family about the latest development in the investigation.

"I'm sure that the family will be disappointed and they believe there was some ethnic motivation behind it based on some alleged statements with regard to them being Arab," he said.

Investigators interviewed about a dozen students who either witnessed or participated in the brawl that occurred near the North Maple Estates apartments at about 3:30 p.m. Sept. 8. The confrontation started on a bus leaving the high school and escalated when the driver dropped off a few of the students.

Detective Sgt. Brian Jatczak said the charges involve two physical altercations stemming from the same incident.

Hiller and police investigators wouldn't discuss how the fight started and who was involved.

According to initial reports, a 16-year-old Muslim girl needed six stitches after a group of other students allegedly attacked her and pulled off her hijab, or head scarf, while shouting racial slurs.

Attorney Nabih Ayad, who is representing the girl, maintains she was "jumped" because of her ethnicity or religion.

The girl left Skyline High School and enrolled elsewhere because of the attack, he said.

"There's no doubt in my mind that this case is clearly a hate crime case," he said. "We were waiting for the Washtenaw County Prosecutor's Office to do the right thing. Unfortunately, they didn't."

The Michigan Department of Civil Rights has not received any formal allegations of discrimination in the case, said spokesman Harold Core. 

"It's just something that we're still monitoring at this point," Core said. 

Police and prosecutors wouldn't discuss whether the girl could also be charged for having a role in the incident.

The case was publicized regionally after the Michigan Chapter of the Council on American-Islamic Relations demanded state and federal authorities investigate the matter as a hate crime.

School officials previously said they’ve taken disciplinary action against some of the students involved, but did not release details.

AnnArbor.com reporter Lee Higgins contributed to this story.

Art Aisner is a freelance writer for AnnArbor.com. Reach the news desk at news@annarbor.com or 734-623-2530.

Comments

win

Tue, Nov 9, 2010 : 3:30 p.m.

just saw this again and realized how many hateful racist people actually live in ann arbor. But you hide behind your screen name (white sheet).

Anonymous Due to Bigotry

Thu, Oct 29, 2009 : 9:12 p.m.

Ann Arbor is not diverse because so many people embrace "multiculturalism" whereby people self-segregate and do not learn to live together in one community. Too many people are so ridiculously obsessed with their identity as whatever race or sexual orientation that any real diversity is difficult to impossible to achieve.

Sherry

Tue, Oct 13, 2009 : 7:04 a.m.

I agree with Billy May's Ghost comment. I to grew up in Ann Arbor and I graduated from Pioneer. I had Friends of every color and I was taught at home by my parents that everyone is no different than I was. We all feel hurt, scared, happy and we all bleed the same color that is red. All one has to do is go back and look at Mackie's record and his record stinks. Yet he keeps being voted back in. Maybe it is time for Ann Arbor to get back to diversity and get rid of Mackie and his co-horts. Saying Ann Arbor is a City of diversity is a joke and has always been a joke. I was born and raised here and I saw and heard what goes on in the schools because I went to these schools and there were bullies in every school and hate mongers. When kids yell our slang words in heated moments it is words and teachings they got in their homes. So, parents maybe you need to look at where you stand with your own hate problems and stop passing them on to your children. Our future of Tomorrow. It does not matter if there is only one parent in the house or not. I had friends who grew up with only one parent and they were not bullies or hate mongers because that one parent taught them right from wrong. Was this girl who got hurt just quiet about her hate, I doubt it.

kangokay

Sun, Oct 11, 2009 : 12:46 p.m.

I even remember one time I got into a fight with a black kid in grade school, because I didn't respond sensitively enough to him telling us he has never met many of his half siblings. Like I said before, its the lack of PARENTING in these kids homes that is the issue here. Racism is only a symptom of this problem.

kangokay

Sun, Oct 11, 2009 : 12:40 p.m.

Kids beat up other kids in groups, its not just black kids that do these things. The real issue is lack of parenting, when I was growing up, I knew lots of black kids that had only 1 parent, or dozens of half siblings that they never met. Its a real lack of value system in these kids homes that results in gang activity. Its nothing new, been happening in the black community for a loong time.

lefty48197

Fri, Oct 9, 2009 : 3:24 p.m.

The police and prosecutors have had a virtual news blackout regarding this story from day #1. The only comments I ever heard were from a local Islamic organization. Never having heard anything to the contrary, I read that the girls religious head-wear was torn off as she was assaulted and various anti-Islamic religious slurs were uttered during the assault. If all of that is factual, then there is no doubt that a hate crime occurred. If that's the case then the prosecutor's office is making a huge mistake.

An

Fri, Oct 9, 2009 : 7:51 a.m.

michigan48103 said: There is a school on Plymouth road for the children that feel the need to cover their head, maybe the student should go there if she feels that she needs to look different and cover her head. This type of thing has been going on for years to students that are gay or dress nice going to school. It is just another type of hate crime against some one that is different. Maybe the parents should have the female children look like the other students while going to school and just cover their head at home or when they go to their service to pray, it is not much of a service, they just pray on a little rug for a few minuites and then they are done. No singing a hymn or having a minister speak, it is a real different type of religion. ------------------- Seriously? How intolerant are you? Freedom of religion, this country is founded on it. Ann Arbor is diverse and that's one of the good things about Ann Arbor.

steele67

Thu, Oct 8, 2009 : 8:03 a.m.

Hate crime,, I think not! these are kids and they will say anything to egg on a fight, or to see a fight. I don't care what color they are or, what nationality they come from. I grew up in Ann Arbor, and when you got your butt kicked (as we called it) that is just what happend. If they are going to charge these kids then they need to go back to each and everyone of us who was either bullied,picked on or, had been called names and charge our attackers as well. I can't belive this stupid story made the paper.. How many fights happen at Pioneer, Huron, Ypsilanti, Belleville, Saline, that don't make the news and we all know that the N word, the H word all come out of our kids mouths. Just listen to yours at home. So now just add the A word as an insult. It just gets under my skin for this kind of unnessasary jargin in the paper. I do not advocate name calling,or violence against anyone,, not matter what race, sexual intentions, religion or anything. but I must say that somebody just wants stupid publicity.. she got her tail whooped and that is that. keep it moving. That is called the hard knocks of life.. These are just kids!

KeepingItReal

Wed, Oct 7, 2009 : 2:20 p.m.

mrshick1223. Did you ever hear of the Boston case where a white man accused some unknown black man of shooting his wife and the Boston police without even trying to verify his accusation went nuts trying the find the black man that shot the white man's pregnant wife only to find out that the white man shot his pregnant wife. They terrorized the black community in Boston trying to find this phantom man! Did you ever hear about the case of Susan Smith in South Carolina who drowned her two sons and accused a black man of kidnapping them. The South Carolina authorities went nuts trying to find the black man that kidnapped her two sons only to find out that Susan Smith drowned her sons. I could on and on and on about incidences involving accusations by whites against blacks that turned out to be false, but it would not do any good because people like you only see the world through white lens. My big question...where was the lackadaisical leadership of the black community during this time. The Arab youth had an advocacy organization that spoke on its behalf but the docile and out of date NAACP didn't say a plum word about this matter. They could have at least said something like "let's wait until all the facts are in before we making such accusations." That's why Al and Jesse are needed in situations like this because local black leadership is too pathetic to speak up.

fd2009

Wed, Oct 7, 2009 : 9:34 a.m.

We must not lose sight that violence should be condemned. Read one of the top news stories today, a Chicago honor student was beaten to death in an after school violent fight. The fight was even caught on video. I ask myself, how can we turn our outrage into vigilance? So that the same type of tragedy does not occur anywhere again, especially not in Ann Arbor?

John Adams

Wed, Oct 7, 2009 : 7:52 a.m.

CAIR did what it was suppose to do for its members. Two victims and other witnesses said that racial slurs were used then CAIR was suppose to ask that it be INVESTIGATED as a "hate crime." If a Jewish girl were attacked by four Arabs and racial slurs were alleged to have been used, wouldn't the ADL ask for the attack to be investigated as a "hate crime?" You darn right the ADL would be in their right to ask for such! The real question is why is Mackie being so veiled regarding this matter. I have a feeling that it's political motivated.

glimmertwin

Wed, Oct 7, 2009 : 7:15 a.m.

Now I know that the end of the world is near. Minority groups in Ann Arbor are fighting each other. If these youths would have spray painted anti-muslim slurs on this person's sidewalk, would that be a hate crime? I think so, but fighting, injuring someone and yelling racist slurs is not. Go figure.

Technojunkie

Wed, Oct 7, 2009 : 6:43 a.m.

While I have no trust in the propaganda group for Hamas terrorists known as CAIR (http://dir.salon.com/story/news/feature/2001/09/26/muslims/index.html), it sure does look like they have a point here. It's just not one that they can exploit under political correctness rules.

michigan48103

Wed, Oct 7, 2009 : 5:26 a.m.

There is a school on Plymouth road for the children that feel the need to cover their head, maybe the student should go there if she feels that she needs to look different and cover her head. This type of thing has been going on for years to students that are gay or dress nice going to school. It is just another type of hate crime against some one that is different. Maybe the parents should have the female children look like the other students while going to school and just cover their head at home or when they go to their service to pray, it is not much of a service, they just pray on a little rug for a few minuites and then they are done. No singing a hymn or having a minister speak, it is a real different type of religion.

essene

Tue, Oct 6, 2009 : 9:52 p.m.

So, ethnic slurs as well as a cowardly attack, but no ethnic intimidation? Pretty fishy.

halflight

Tue, Oct 6, 2009 : 7:15 p.m.

aataxpayer wrote:. How can we trust the prosecutor if he will not explain his reasoning?. The same way that you trust the prosecutor in all of the juvenile court cases that don't become the target of a media campaign by an advocacy group. You judge Mackie by his overall record.. I understand that some things must be kept secret, but at face value this seems to have been racially motivated. Has the initial reporting wrong?. Most of the information made public about this incident came from CAIR, an advocacy group, which immediately demanded an investigation for a hate crime. CAIR did so without benefit of an investigation by the schools or the police. The schools and the police have completed their investigation and (apparently) determined that the assault on the student did not involve a specific intent to intimidate or harass the student because of her ethnic background. In plain English, the police and the prosecutor probably obtained evidence as to the cause of the fight from all of the witnesses, and that cause didn't involve intimidating the victim because of her race. The incidental use of a racial epithet can be evidence of intent, but if there are other facts that clearly indicate another motive for the crime, there's no ethnic intimidation.. That doesn't mean that the alleged perpetrators won't be held responsible. The juvenile court has the power to make appropriate orders to protect the public and to remedy the conditions that contributed to the offense. The judge/referee will hear about the racial epithets, and I'd be willing to bet that he or she will order the offenders to attend some remedial education and/or community service regarding racial tolerance.

aataxpayer

Tue, Oct 6, 2009 : 5:52 p.m.

How can we trust the prosecutor if he will not explain his reasoning? I understand that some things must be kept secret, but at face value this seems to have been racially motivated. Has the initial reporting wrong? Does aa.com owe us a correction?

Billy

Tue, Oct 6, 2009 : 5:34 p.m.

>>"It's only a hate crime when white people attack black people. Period." ~ mrshicks1223 >>Incorrect. If that were true, there would be 1000's of times more cases than are prosecuted. Your reasoning makes no sense....fyi.

BigAndy2

Tue, Oct 6, 2009 : 5:15 p.m.

"It's only a hate crime when white people attack black people. Period." ~ mrshicks1223 Incorrect. If that were true, there would be 1000's of times more cases than are prosecuted. "Hate crime laws in the United States (also known as bias crimes) protect against crimes motivated by enmity or animus against a protected class. Although state and federal laws vary, typical protected characteristics are race, religion, ethnicity, nationality, gender, sexual orientation, gender identity, and disability."

kangokay

Tue, Oct 6, 2009 : 3:24 p.m.

czech: whats the story with the plymouth road killings.

mrshicks1223

Tue, Oct 6, 2009 : 1:39 p.m.

Come on...we knew this was going to happen, didn't we? It's only a hate crime when white people attack black people. Period. Have you EVER heard of it any other way?? Sad...sorry for the parents and the Arabic community.

11GOBLUE11

Tue, Oct 6, 2009 : 1:33 p.m.

Here come the plaintiff attorneys and their lawsuits. More local taxpayer money to be dispersed to claimants. Why does the truly innocent, the taxpayer, always end up paying? Wouldn't it be nice if the actual wrong-doers here were the only ones that could be sued, and if they didn't have anything, oh well.

grimdaddy1

Tue, Oct 6, 2009 : 1:17 p.m.

kids fight kids say mean things not everything is "deeper" then it seems. kids make fun of EVERYONE, i have to belive if it was white girls instead of black girls this would be considered a hate crime, the sameway people cried murder when that kid killed the 2 arab kids on plymonth rd. some things realy are black and white, nothing behind or underlying.

gene tracy

Tue, Oct 6, 2009 : 1:11 p.m.

In the rare instance a white person commits a crime against a minority, the media, law enforcement, and the Justice Department fall over each other proving it is a hate crime. In this instance, a group of blacks commit a violent crime against someone who is not black and the media and law enforcement fall over each other proving it is not a hate crime. No sense having Jesse and Al come to town, right?

Billy

Tue, Oct 6, 2009 : 12:35 p.m.

You mean black people right? African-Americans are people born in Africa and are now US citizens.

jeremy

Tue, Oct 6, 2009 : 10:57 a.m.

Regardless of if this was a hate crime or not, racial slurs were hurled and shows that there is indeed an underlying racist tone from the attackers. The excuse when people are emotional they say stupid things is wrong. I have heard many of my fellow african americans say that the truth in a persons heart comes out in anger. Apparantly there is need for african and arabiac americans to sit down and find out what the problems are between our 2 etnicities.

jeff4179

Tue, Oct 6, 2009 : 10:43 a.m.

This is why advocacy groups should not issue statements hours after an incident alleging hate crimes. Allegations like that, before the facts are in, can inflame any actual racial or ethnic tensions. Particularly where, as here, minors are involved so really the only specific information that was being reported at first were the allegations forwarded by CAIR. Ultimately, the prosecutors decided that this was an inappropriate, but not ethnically motivated, fight among teenagers. Also, has anyone noticed that CAIR's statements have become increasingly weaker, to the point that now they are referring to the family being upset because the family believed that there was ethnic intimidation.

David Jesse

Tue, Oct 6, 2009 : 10:34 a.m.

@Halfflight: You are right. It is the district's policy to not release details about students - including names - in situations like this. They cite FERPA. Not saying that is right or wrong, just telling you what they do.

halflight

Tue, Oct 6, 2009 : 10:10 a.m.

I think you may want to clarify both the policy of both the prosecutor's office and the schools regarding the release of information about minors to the public in a situation like this. Undoubtedly some will interpret the silence of the prosecutor, the police and the schools as a "cover up", when in fact they won't release information about a minor subject to school discipline or juvenile court jurisdiction as a matter of policy.