DA Adds Hate Crime Allegations To Charges Against Two Defendants In 4th/Cherry Halloween Night Assault/Battery On Two Men

(Nov. 8, 2011, 11:55 a.m.) — The District
Attorney’s office has added hate crime charges to previously filed allegations
against two defendants charged in the Halloween night assault/battery of two men
(early 50s and early 60s) in the area of 4th St./Cherry Ave.
The L.A. County D.A.’s office complaint as amended includes charges that one
defendant (Lucas) allegedly violated Penal Code section 422.75(a) and both
defendants (Lucas and Dunbar) allegedly violated Penal Code section 422.75(b).Penal Code sections 422.75(a) and (b) state in pertinent part:

422.75 (a) Except in the case of a person punished under
Section 422.7, a person who commits a felony that is a hate crime or attempts to
commit a felony that is a hate crime, shall receive an additional term of one,
two, or three years in the state prison, at the court’s discretion.422.75(b): Except in the case of a person punished under Section 422.7 or
subdivision (a) of this section, any person who commits a felony that is a hate
crime, or attempts to commit a felony that is a hate crime, and who voluntarily
acted in concert with another person, either personally or by aiding and
abetting another person, shall receive an additional two, three, or four years
in the state prison, at the court’s discretion.

As reported yesterday by LBReport.com, on November 2 the DA’s
office filed charges against Marquise Lucas, 19 (two counts of assault by means
likely to produce great bodily injury plus a county of felony battery with
serious bodily injury) and Sierus Dunbar (one county of assault by means likely
to produce great bodily injury and one county of felony battery with serious
bodily injury).

The defendants have previously pleaded not guiltyand are
scheduled to return to court Nov. 17 for a preliminary hearing (at which time
they will likely be arraigned on the additional hate crime charges)..