Plano woman accused of hate crimes against 4 American Indians sentenced to 40 days in jail

A woman whose racist tirade against four Native American women in Plano was caught on video pleaded guilty last week to charges related to the incident, according to court records.

At approximately 8:15 p.m. on August 24, 2022, officers were dispatched to a “disturbance” in a parking lot near the intersection of Dallas Parkway and West Parker Road, according to Plano Police. Several women reported being assaulted by another woman, later identified as Esmeralda Upton, 59, police said.

Upton was arrested the next afternoon on several charges, according to police. In video recordings of the incident, which were widely shared on social media, Upton could be heard shouting racist comments at the four women, all of South Asian descent, according to authorities.

Upton pleaded guilty Friday to one charge of assault by contact/threat and two charges of assault causing bodily injury, according to the Collin County website. She also pleaded guilty to a charge of making a terroristic threat, the website showed.

Under Texas law, hate crime findings can increase criminal penalties if the defendant is convicted.

According to the Collin County Prosecutor's Office, each of the charges against Upton included the increase in hate crimes in the state.

Upton was sentenced to 40 days in jail and will be allowed to serve her sentence on weekends, according to the district attorney's office. As part of her plea agreement, Upton gave up her concealed handgun license and will not be allowed to possess a firearm for the next two years.

An email request to the attorney listed as Upton's attorney in court records was not immediately returned. The Dallas Morning News also left a message for someone who answered the law firm's phone number.

In a written statement Monday, Collin County Prosecutor Greg Willis thanked U.S. Attorney Damien Diggs' office, Plano police and the FBI's Dallas field office for their work on the case.

“As Americans, we should all be able to enjoy our constitutional freedoms, free and safe from this type of racially motivated attack. Indeed, America is the only nation in the world defined more by its ideals than by race or ethnicity,” Willis wrote.

The Chandra Law Firm is representing Anamika Chatterjee, one of the women attacked, in a civil lawsuit against Upton and shared a statement on its website along with video recordings of the incident.

Upton did not apologize in court to the victims of the August 2022 attack, according to the release.

“[The sentencing] is just a step,” said Subodh Chandra, Chatterjee’s lead lawyer. The news. “The fact that Upton is neither contrite nor apologetic speaks volumes about the need for greater accountability. »

In videos shared by the Ohio-based law firm, A woman identified by the law firm as Upton can be seen speaking out loud with at least three other women who record her on their phones.

Upton can be heard saying, “Everywhere I [expletive] Come on, you Indians are [expletive] everywhere” and “I hate you [expletive] Indians.”

In one of the recordings, Upton can be seen holding a phone in one hand and appears to be reaching into her bag with the other and saying, “You better shoot that.” [expletive] phone, or I swear to God, I will [expletive] get off your ass,” while walking toward the woman recording the encounter.

In a prepared statement before Upton's sentencing, Chatterjee said the attack would “forever haunt” her and her family, she said.

“Being attacked because of my race and my appearance is very difficult to overcome. I have now lived in the United States for 25 years. This is where my children were born,” the statement read.

“I hope you didn't just plead guilty to these crimes to avoid more serious consequences – that you finally take full responsibility for your actions, stop making false denials like you did, and act like if We were somehow responsible for this You made us,” Chatterjee continued in a final part of his statement. “I hope you will never discriminate, use hate speech, threaten, intimidate or attack anyone.”

In a written statement Monday, Chanda Parbhoo, founder of SAAVETX, a North Texas-based organization that advocates on behalf of the South Asian American electorate, also thanked the DA's office for its work on the case.

“Acts of racism and violence have no place in our society, and this decision sends a clear message that such behavior will not be tolerated,” Parbhoo added. “We stand in solidarity with all communities to create a more inclusive and respectful state. »