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.