No hate crime charges in Minneapolis attack of transgender woman at light rail

Two young men charged in the attack that seriously injured a transgender woman at a Minneapolis light-rail station earlier this year pleaded guilty to felony assault, while aggravated robbery charges have been dismissed.

Although the Feb. 27 assault at the Lake Street light-rail station was decried as a potential hate crime, the Hennepin County Attorney's Office confirmed Monday that audio from surveillance video determined the assault was not motivated by bias. Kevin Dewayne York, 23, and Keaten James Morris, 19, were each charged with first-degree aggravated robbery and third-degree felony assault, but at the time of charges prosecutors had not yet determined what led to the events.

Hennepin County Attorney Mary Moriarty said in March prosecutors were working to enhance the surveillance audio to see if they could prove the attack was a hate crime to amend charges and increase potential penalties. But she added that "even if we don't have the facts to prove it beyond a reasonable doubt, doesn't mean it didn't happen."

Moriarty declined an interview Monday. In a statement she said that from the beginning her office "would see what the evidence and investigation revealed."

"Our staff was able to enhance the audio from one camera view, and that audio revealed there was an argument that preceded the assault that was not motivated by bias. The outcomes in the cases result in felony convictions and hold the defendants accountable for the conduct that did occur."

Hennepin County Attorney spokesman Nick Kimball said that despite the fact that York possessed the victim's purse with her ID inside, there was no proof that he used force specifically to take her property.

"To prove a robbery, the state has to prove the defendant used force or the threat of force to overcome the victim's resistance to the defendant taking the property," Kimball said. "With the evidence that came from the investigation, we'd be able to prove this was an assault stemming from an argument with property taken later. That is not a robbery under Minnesota law."

Kimball said the case illustrates the difference between probable cause — which is the basis to make an arrest and refer a case to a prosecutor — and proof beyond a reasonable doubt, which is necessary for a conviction.

"There was clearly probable cause for robbery here; it was reasonable to look at what happened and think it could have been a robbery," he said. "But ultimately the evidence from further investigation made it clear what could be proven to the exclusion of any other reasonable explanation — which is that it was an assault that unfortunately escalated from an argument."

York and Morris appeared at separate court hearings in recent weeks to plead guilty to the lesser charge of felony assault in exchange for dropping the aggravated robbery charges. They will be sentenced the week of July 17.

The plea deal calls for them to serve 120 days in the county workhouse and imposed stays of imposition for three years. That means they must remain law-abiding for that period of time, and if so, the felony assaults will be reduced to misdemeanors if they successfully comply with terms of probation.

They are not allowed to have contact with the victim or possess firearms. Hennepin County District Judge Peter Cahill also ordered they stay at least three blocks away from all light-rail stations and trains.

According to charges:

Police responded to the light-rail station, where a 911 caller reported that a woman was beaten and lying on the ground. Officers found the woman badly bruised and bleeding from her left eye and the back of her head.

The victim told officers "they hit me" while struggling to form complete sentences.

Moriarty previously told the Star Tribune that based on her understanding of the video, the suspects threw some type of liquid at the woman and she appeared to throw a water bottle back. She was punched in the head and started down the stairs, followed by the suspects as the assault continued. At one point, she was pushed and fell down the stairs.

The criminal complaints say that officers had concerns the attack was "due to anti-transgender bias," which law enforcement is mandated to report.

Metro Transit has since broadened a pilot program to use security guards at troublesome stations like Lake Street. In the first quarter of 2023, crimes increased by 66% on Metro Transit buses and light-rail trains.

Over the weekend, a man was killed after police said he was fighting with another man and then fell in front of an oncoming train at the Hennepin Avenue/Warehouse District station near 5th Street and 1st Avenue around 1 a.m. Saturday.

The Hennepin County Medical Examiner's Office on Monday evening identified the victim as Reginald Eugene Snelling, 41, of Minneapolis. Metro Transit police arrested a 29-year-old man, who was booked into the Hennepin County jail pending charges.

Snelling's manner of death was ruled a homicide and caused by "multiple blunt force injuries and traumatic asphyxia due to collision with and compression by light rail train following physical altercation."

Star Tribune staff writer Liz Sawyer contributed to this report.