'I'm appalled': Alleged victims have claims after Tower Porchfest attack | YourCentralValley.com

FRESNO, Calif. (KSEE/KGPE) – The three victims who were allegedly attacked during an incident at the Tower Porchfest event in Fresno earlier this month spoke at the Fresno City Council meeting Thursday, demanding that the district attorney file hate crime charges.

“I am appalled by the decision made by Prosecutor Lisa Smittcamp not to pursue the original hate crime charges,” said Lana, an alleged victim.

The group wants the Fresno City Council to encourage the Fresno County District Attorney's Office to file hate crime charges against 49-year-old Francisco Samaniego.

“It's affected my mental health, my job performance…I don't feel like the story was told accurately,” said Mel, an alleged victim.

“This was actually a hate crime and we, the community, we Fresno, do not support any form of hate crime against anyone,” said Zahra, the third alleged victim.

According to witnesses, on April 27, during Tower Porchfest, Francisco Samaniego approached them and started an argument over their support for Palestine. This argument escalated into a physical confrontation. The suspect fled the scene on foot after the altercation, but was found by officers assisting him.

On May 9, the prosecutor announced that no hate crime charges had been filed against Samaniego, saying this was due to the suspect's actions.

According to a May 9 news release from the Fresno County District Attorney's Office, the decision not to file hate crime charges against Samaniego was due to the suspect's actions. The prosecutor's office said the legal test for establishing that a hate crime has been committed is when the actions target “disability, gender, nationality, race or ethnicity, religion, orientation sexual or the association of another person with one or more of these characteristics. .” The prosecutor's office says Hamas does not fit into any of these designations.

“The evidence presented did not rise to the standard required to prove beyond a reasonable doubt that Samaniego’s actions violated the victims’ civil rights.”

Fresno County District Attorney's Office.

The charges against Francisco Samaniego were two counts of battery, one count of misdemeanor battery and one count of second-degree theft.