The Transylvania Times -

Ethnic Intimidation Case Going To Superior Court - Brevard, NC


November 16, 2017

A Davidson River School student was found guilty Tuesday of one misdemeanor count of ethnic intimidation and one misdemeanor count of simple assault for an incident that took place at Brevard High School in May.

As previously reported, the accused student, who was 17 and a Brevard High School student at the time of the incident, allegedly threatened to hang the alleged victim, a Brevard High School student and also 17 at the time, with a noose and swung a pocket knife at him, according to the alleged victim. The Transylvania Times typically doesn’t report the names of minors involved in the legal system.

A tow strap, a strap used to tow vehicles, was presented in court as the weapon the alleged victim identified as the “noose or strap.”

According to N.C. General Statutes, ethnic intimidation is a class one misdemeanor and occurs when “a person shall, because of race, color, religion, nationality, or country of origin, assault another person, or damage or deface the property of a another person, or threaten to do any such act.”

Judge Athena Brooks found the accused student guilty of the two charges in Transylvania County Criminal District Court Tuesday and sentenced the defendant to a 45-day suspended sentence, with 12 months of unsupervised probation.

The defendant’s attorney, Donald Barton, appealed the case to Transylvania County Superior Criminal Court, in which there will be a jury trial, for Dec. 14. There are no jury trials in Criminal District Court, and it wasn’t a Juvenile Court proceeding because the defendant is over 16.


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