Define Hate Crime

Frank Jude Jr, Harris, Kirsten Antonissen and Katie Brown went to a party in the 2800 block of S. Ellen St. early on Oct. 24. They were invited, but it quickly became clear Harris and Jude weren't welcome, based on comments from guests, Antonissen said. The four left and got into her pickup truck, which was suddenly surrounded by six to 10 men. They identified themselves as police officers and said a wallet containing a badge and other items had been stolen

Antonissen said Jude was yanked from the truck. He apparently got defensive and argued with the men before the beating occurred. Antonissen was held up against a car in a chokehold and then beaten.

Antonissen and Brown both called 911.

Nicole Martinez, one of the first on-duty officers on the scene, said she found Jude facedown in the street with his hands underneath him and four men around him. Spengler ordered Jude to put his hands behind his back, and Bartlett asked where his knife was, she said. Bartlett then put the blade to Jude's throat and said, "Where is the (expletive) badge? I'm going to kill you if you don't give it up," Martinez said.

Martinez said she saw Bartlett kick Jude, who was handcuffed, repeatedly in the head. Martinez said she heard what she believed to be bones breaking in Jude's head. "Knock it off, that's enough," Martinez said she told the off-duty officers.

Masarik then spread Jude's legs and kicked him two or three times in the groin and said, "Sorry you have to see this," Martinez said. She called for a police wagon because she said it would be a faster way to get Jude to the hospital, where he spent 2½ days recovering from his injuries.

Jude, who is black, said he couldn't believe the defendants weren't charged with hate crimes. He said he was called a racial slur repeatedly as he was beaten and after his pants were cut off. In a police report, officers claim Jude stole a police badge and wallet. Nothing was found on Jude, prosecutors said.

"My question is why did they continue to beat me about the badge if it wasn't a hate crime?" he said. "I almost died out there. I am sick to my stomach, sick inside. I just hope more justice comes. There are more people out there who know what happened. They need to come forward."




left Andrew R. Spengler, 25: Party to the crime of substantial battery; up to 3½ years in prison and $10,000 fine. center Daniel L. Masarik, 25: Party to the crime of substantial battery, second-degree reckless endangering, perjury: up to 19½ years. right Jon M. Bartlett, 33: Party to the crime of substantial battery (use of a knife), second-degree reckless endangering (use of a knife): up to 22½ years in prison and a $35,000 fine.