Benjamin Eder, Kevin McAndrew and Sean Little were apprehended by police in January and charged with one count of Hate Crime and one count of Aggravated Battery by the Cook County States Attorney's Office. (Chicago Police Dept. photo)
FROM http://www.chicagobreakingnews.com/2010/02/3-evanston-man-charged-with-hate-crimes-after-red-line-attack.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ChicagoBreakingNews+%28Chicago+Breaking+News%29
Three Evanston men face felony hate crime and aggravated battery charges after they allegedly pushed and punched a man and hurled sexual slurs at him when he tried to stop them from bullying another commuter on a CTA Red Line train last month.
Kevin McAndrew and Benjamin Eder, both 23, and Sean Little, 21, were originally charged with misdemeanor battery for the Jan. 10 attack, but prosecutors dropped those charges and had the men re-arrested on felony charges after they appeared in misdemeanor court Tuesday.
All three appeared today in Central Bond Court, where Assistant State's Attorney Erin Antonietti said they were harassing a man on the train, calling him anti-gay and other slurs when the other commuter intervened.
Little called the commuter a gay slur as well and punched him in the face, Antonietti said.
The fight spilled onto the platform at the Argyle station, where Eder allegedly punched the commuter. All three had the victim's blood on their hands and allegedly asked him, "Cause you're gay, do I have HIV now?"
The victim was treated for cuts, bruises and a bloody nose.
Attorneys for the three argued there was no evidence they attacked the victim because of his sexual orientation. Even if sexual slurs were used during the altercation, that does not mean the men targeted the victim because of any animosity toward homosexuality, they contended.
McAndrew's attorney, Daniel Coyne, also said police originally determined allegations of a hate crime to be unfounded after the victim told investigators that he wiped blood on the three and told them he was HIV positive.
Police concluded that the motivation behind the battery was the victim's decision to intervene in the initial altercation, he said.
Circuit Judge Ramon Ocasio III began to dismiss the hate crime charges but was interrupted by Antonietti, who asked him to explain his reasons, saying her statement of the facts and the police reports were sufficient for the charges to stand.
Ocasio asked her to re-read the proffer and then changed his original ruling.
"At this point I am reversing myself, even though I have reservations about what the state can prove at trial," he said. He ordered the three released on their own recognizance.
Little is the only one of the three with even a minor criminal record -- for misdemeanor trespassing.
Coyne said his client lives in Evanston and is currently volunteering at a school where he tutors children.
Attorney Robert Gevirtz said his client, Sean Little, is a junior at Loyola University and currently works at the YMCA Childrens Center in Evanston.
Eder is currently volunteering at a charity while he looks for work, said attorney Mark Erhlich.
--Matthew Walberg
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