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Thursday
Sep022004
Thursday, September 2, 2004 at 01:00AM
A judge has ordered two Muskegon
County brothers to face ethnic intimidation charges in a beating case,
reversing another judge's ruling last year that attributed the attack
to road rage rather than race. In a written decision released
Wednesday, Judge Dennis Kolenda determined that while the Sept. 17,
2003, beating of black motorist Ronald Robinson initially was not
motivated by race, race became a factor as the attack continued.
Further, he said Michigan's ethnic intimidation law does not require
race to be the single motivating factor. "People can, and often do,
begin an endeavor with one intent, continue it with another
subsequently developed intent and finish with a third," Kolenda wrote.
In November, Grand Rapids District Judge David Buter determined that
because race was not the sole motivation for the beating, state law
would not allow for ethnic intimidation charges against brothers Robert
Hornof and Glenn Schutter. His decision said racial slurs uttered
during the beating were vile and offensive but that the brothers, both
white, were angry over a road rage incident and were not motivated by
race. Kent County prosecutors appealed the decision. [more ]