Originally charged with felony second-degree battery and a hate crime for beating Craig Brown on Oct. 21 because of his race, Danny Griffin and David Owen, both 35, were convicted of the lesser misdemeanor simple battery charge April 17.
A six-person jury, including four men, one who was black, and two women, deliberated for roughly two hours before delivering the felony acquittal. The jury found racism did not fuel the attack on Brown, 42. Folsom Police reports originally indicated the pair were overheard talking about beating any black or Mexican man at first sight, fodder for the hate crime charge.
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When they left the bar and tried to drive away, a scuffle erupted with Brown. Taking the stand in his own defense, Griffin testified Brown reached through the pair’s truck window and grabbed Griffin by the back of the neck, leaving hand welts.
Owen was charged, in part, with holding Brown down as Griffin punched and kicked Brown in a ditch outside the bar.
State Judge Donald Fendlason, who issued the sentence and presided over the trial, allowed Owen to report to his St. Tammany probation officer via phone from Tennessee, Wood said. Each man faces up to six months in jail if they violate Fendlason’s probation sentence, Wood said. In addition, each man will pay a $500 fine, plus court costs, he said.


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pat wrote on May 3, 2008 8:39 AM: