Two men behind the attack that seriously injured a transgender woman at a Minneapolis light-rail station earlier this year were sentenced this week to probation and treatment.
Men receive probation for Minneapolis light-rail assault that seriously injured transgender woman
Prosecutors don't believe the attack was motivated by bias.
July 19, 2023 at 9:52PM
The Feb. 27 assault at the Lake Street light-rail station was decried as a potential hate crime, with a rally in the aftermath attended by hundreds. But the Hennepin County Attorney's Office determined that Kevin Dewayne York, 23, and Keaten James Morris, 19, were not motivated by bias in the attack. They pleaded guilty to felony assault in May and received three years of probation. Neither defendant was sentenced to serve additional time in jail.
Standalone hate crime charges are not on the books in Minnesota, but defendants can face charges with aggravating factors and enhanced sentencing for being "bias-motivated." In most criminal cases prosecutors don't necessarily have to prove motive.
The charges say officers had concerns that the attack was "due to anti-transgender bias," which law enforcement is mandated to report. Under the statute "Reporting of Crimes Motivated By Bias," an officer must report to the head of the department if they have "reason to believe, or if the victim alleges, that the offender was motivated to commit the act by the victim's race, religion, national origin, sex, age, disability or characteristics identified as sexual orientation."
Conditions of the assailants' probation include staying three blocks away from all light-rail stations and trains for a year. They are also not allowed to have contact with the victim. If they successfully complete probation, the charge will be reduced to a misdemeanor.
"This was a very serious offense that involved very serious injuries," prosecutor Liz Murphy said at York's sentencing Wednesday.
The victim was hospitalized in critical condition after officers found her badly bruised and bleeding from her left eye and with serious injuries to the back of her head. She told officers "they hit me" while struggling to form complete sentences. Video surveillance shows that she was punched in the head and at one point pushed down the stairs.
Defense attorney Peter Martin said that attack was "certainly not a hate crime" but rather was "completely based on chemical dependency problems."
District Judge Peter Cahill said that York's progress in treatment so far is commendable.
"It sounds like you've already started all the things you're supposed to [in order] to address issues of chemical health so this doesn't happen again," Cahill said. "Keep up the good work. We don't want you to be back here."
"I don't want to be back here," York said.
The state agreed to dismiss first-degree robbery counts against both defendants. 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.
York must go to anger management therapy and counseling and attend sober support groups at least once per week, Cahill said. York said he just completed his treatment two days ago and starts outpatient treatment Thursday. He was sentenced to 99 days in the workhouse with credit for already serving 99 days.
Morris was sentenced Monday to serve a year in the county workhouse but has credit for already having served a year. Cahill ordered that he be furloughed to chemical health treatment, as recommended in a substance-use disorder assessment.
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