The decision to wait for the grand jury to determine whether hate crime charges apply, rather than having Ithaca Police charge Greenwood under the state hate crime law now, seemingly created a slight rift between the district attorney’s office and City Hall. “As somebody who’s had the opportunity to review the investigation, speak with our investigators and review the hate crime statutes, I believe this was a hate crime,” Myrick said. Under that act, the level of a crime is elevated by one notch if it is deemed a hate crime. In this case, the misdemeanor assault and aggravated harassment charges could become Class E felonies if they are deemed hate crimes by the grand jury. Grand jury proceedings are secret in New York, and even prosecutors will not be in the room as the grand jury, which consists of between 16 and 23 people, deliberates.
Source: Daily Sun September 25, 2017 00:42 UTC