Man avoids jail time for hate crimes

[Nia Imani]

Man avoids jail time for hate crimes

Receives probation after helping authorities with other cases
Published in the Asbury Park Press 09/10/05
BY KATHLEEN HOPKINS
TOMS RIVER BUREAU

TOMS RIVER — A 20-year-old Little Egg Harbor man on Friday was spared a jail term he plea bargained for, because he has cooperated with authorities prosecuting fellow members of a white supremacist group.

Joseph P. Schmidt of Oak Lane was sentenced to three years' probation for a variety of offenses targeting minorities for violence in southern Ocean County in 2003.

When he pleaded guilty in June, Schmidt received probation and a county jail term ofup to 364 days as part of that plea bargain.

However, Deputy Attorney General Hester Agudosi asked Superior Court Judge Edward J. Turnbach to forgo the jail term and impose only probation for Schmidt because of his cooperation with the state in prosecuting other members of the group, known as the East Coast Hate Crew. Turnbach complied and put Schmidt on probation for three years.

Agudosi said Schmidt will be required to testify against the remaining defendant in the case and to make restitution to the victims. His share of restitution so far totals $296, and is not expected to exceed $1,000 when bills from all of the victims are submitted, she said.

Schmidt pleaded guilty June 13 to two counts of bias intimidation, two counts of aggravated assault, two counts of criminal mischief, two counts of possessing weapons — a baseball bat and weighted gloves — for an unlawful purpose, and simple assault.

Authorities said members of the East Coast Hate Group assaulted minorities, mostly Hispanics, on at least six occasions in Stafford and Tuckerton in 2003. In some instances, bricks or rocks were thrown through windows of victims' houses, authorities said.

On Oct. 10, 2003, in Tuckerton, a Hispanic man, Ray David Luna Torres, was knocked off his bicycle and beaten with a bat and other weapons, authorities said. Luna Torres suffered internal injuries and could not work for two weeks, authorities said.

Before Turnbach pronounced sentence, Schmidt's attorney, Brian White, said his client has matured since his participation in the hate group.

"Mr. Schmidt has changed his ways," White said. "Joe is already a good kid who temporarily lost his way."

Schmidt apologized and asked for mercy.

"I'm really sorry," he told the judge. "I got into a crowd just to get into a crowd. I'm just asking for a second chance."

Schmidt was arrested March 26, 2004, with seven other people also alleged to be part of the hate crew.

Three of them, who were juveniles when the crimes were committed, have pleaded guilty. A fourth defendant who was a juvenile was acquitted, authorities said.

Source: http://www.app.com/apps/pbcs.dll/art...509100447/1070