New hate crime charges in attack on mentally challenged man

State prosecutors have added hate crime and other felony offenses to charges against three teens in repeat assaults on a 26-year-old with neurodevelopmental disability, Attorney General Beau Biden announced Monday.

The move won praise from Delaware advocates for the disabled.

"We are pleased that it's being taken seriously," said Terry Olson, executive director of The Arc of Delaware, which advocates for those with intellectual and developmental disabilities.

An 86-second video of the mentally challenged Newark-area man being kicked, stomped, body-slammed and pummeled in the face, in three separate attacks, was posted early this month on YouTube.

New Castle County police, who said they believed the attacks took place weeks earlier, say they learned of video when two boys and their parents went to police headquarters Sept. 6. They went to police about threats that were being made on social media against the boys, as a result of the video, but the parents are cooperating with police, according to Officer First Class Tracey Duffy.

Those boys – a 13-year-old from Ogletown and 14-year-old from Brookside near Newark – were arrested and charged with offensive touching, assault on a vulnerable adult and third-degree conspiracy, then freed on $2,500 unsecured bail. A 14-year-old Newark boy was arrested Sept. 8 on the same charges and freed on $3,200 unsecured bail. The boys, not named due to their age, also were ordered to have no contact with the victim.

More investigation of the incident by the state Department of Justice led to the new charges, Biden said in a statement.

Each teen now faces felonies of hate crime, crime against a vulnerable adult, abuse of an impaired adult and second-degree conspiracy, as well as misdemeanors of harrassment, third-degree assault and third-degree conspiracy.

One 14-year-old also has new charges of felony and misdemeanor hate crime, felony and misdemeanor crime against a vulnerable adult and misdemeanors of abuse of an impaired adult, harrassment and offensive touching.

All three are to be arraigned in New Castle County Family Court, with each having a bail review at that time, justice officials said.

Announcing the charges, Attorney General Beau Biden spoke of the state's role as well as parents' responsibility.

"It is our responsibility to protect people who cannot protect themselves," Biden said. "Targeting and assaulting a vulnerable victim is especially egregious and those who do so face significant consequences under the law. Every parent needs to talk with their children about this incident and how to prevent these types of crimes."

Olson said, "We certainly appreciate all of the effort that is being made to prevent future incidents and we're concerned about the alleged perpetrators as well as the victim."

While the victim's family isn't involved in The Arc, he said, the organization "would love to support them in any way we can.... I can only imagine what that family's going through."

Those who attacked the victim clearly have issues, he said, adding that a "growing body of research" shows those "involved in abusing or bullying people with disabilities often end up with serious challenges and adjustment problems in their own lives."

They need "the best kinds of counseling and support that's available so they don't repeat this senseless kind of bullying acts," he said.

The Arc – dedicated to improving the quality of life for those with intellectual and developmental disabilities, and their families – encourages positive public interactions with people of all disability levels, Olsen said.

Ultimately, he said, such interactions help people understand that "we're all the same."

The Arc plans more community education to help prevent future attacks, Olsen said, adding, "We're trying to connect with some national experts to get their recommendations."

This incident, he said, "certainly has underscored the need."

Contact robin brown at (302) 324-2856 or rbrown@delawareonline.com. Find her on Facebook and follow her on Twitter @rbrowndelaware.