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Two Men Charged With Hate Crime for Beating Student on San Jose State Campus

Security video plus on-scene arrests may strengthen the prosecution and test how hate-crime laws are enforced on campus.

Overview

  • Prosecutors on Wednesday charged Josue Medina Flores, 19, of Sunnyvale, and Christian Gabriel Nunez Petty, 20, of Fremont, with felony assault and hate-crime enhancements and scheduled their arraignment in Santa Clara County Superior Court.
  • The attack occurred early on Saturday, Sept. 19, when prosecutors say the two men asked a student if he was gay, shouted homophobic slurs, then chased and repeatedly punched and kicked him while also striking a friend who tried to shield him.
  • San Jose State University police responded during the assault and arrested the suspects on campus as they fled, and prosecutors say the university’s security cameras captured the violent encounter.
  • The injured student was taken to a hospital and later released; prosecutors say the defendants face prison time if convicted and District Attorney Jeff Rosen emphasized that bias-motivated attacks will be prosecuted.
  • The case centers on campus safety and hate-crime enforcement and could influence university policing, community trust, and how prosecutors use surveillance footage and eyewitness response in bias-motivated assault cases.