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Dallas DA won't seek hate-crime charges in anti-gay beating

08:58 PM CDT on Thursday, July 31, 2008

By SCOTT GOLDSTEIN / The Dallas Morning News
sgoldstein@dallasnews.com

Dallas County prosecutors will not pursue hate-crime charges against two robbery suspects arrested in a brutal anti-gay beating last month in Oak Lawn because the men already face the maximum penalty if convicted.

Bobby Singleton, 29, and Jonathan Gunter, 31, both of Garland, each face a charge of aggravated robbery with a deadly weapon. The first-degree felony carries a punishment of five to 99 years in prison.

The men, who have not yet been indicted, are being held in the July 17 beating and robbery of Jimmy Lee Dean, 42.

Mr. Dean was kicked and hit with a handgun about 1 a.m. in the 3900 block of Dickason Avenue, near Oak Lawn Avenue, according to a police report. He was hospitalized with serious injuries and was unable to speak to investigators for at least 24 hours, police said.

Witnesses told police one of the suspects shouted gay slurs at Mr. Dean during the attack. Investigators also believe the men targeted Mr. Dean because they thought he was gay, police said.

Based in part on that evidence, Dallas police plan to categorize the attack as a hate crime for statistical reporting purposes, officials said.

But on the prosecution side, state law dictates a hate-crime designation is made during the sentencing phase of a trial, after a conviction.

"It's a punishment issue, so if you prove the hate-crime aspect, it just ramps up the potential punishment," said Kevin Brooks, a top prosecutor in the district attorney's office.

"The bottom line is if there is some reason like the person's prejudice causes them to commit the offense, that's going to come out anyway" at trial, said Mr. Brooks, speaking generally on the topic.

Mr. Gunter was being held Thursday in lieu of $300,000 bail, and Mr. Singleton was being held in lieu of $300,500, according to Dallas County Jail records.

Through June, Dallas police reported seven hate crimes, including two anti-gay offenses. July statistics are not released until mid-August.

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