Santa Monica Police Chief Darrick Jacob stated on Thursday that a May 24 incident in which a man allegedly chased a couple and called them “genocidal” was not a hate crime.
The Los Angeles County District Attorney’s Office stated on May 28 that the suspect, Nay Min Tar, faces one felony count of criminal threats and one misdemeanor count of battery.
Prosecutors allege Tar yelled threats at pedestrians from his vehicle, then exited the car and “began chasing, swinging his fists and threatening to kill the victim, who was walking with his girlfriend on the sidewalk.”
Authorities also allege that Tar directed his male Cane Corso dog to attack the victim, which resulted in a bite and constituted a battery.
Video footage of the incident on social media appears to show a man shouting “you are genocidal” at two people, returning to his car and running after them with his dog.
Jacob said the Santa Monica Police Department determined the evidence did not meet the legal threshold for a hate crime.
“While the language used during the incident was disturbing and harmful, the evidence did not show that the victim was targeted because of actual or perceived Jewish identity, Israeli identity, or any other protected class,” he stated. “The investigation also found that the suspect made similar statements toward others who were not Jewish or perceived to be Jewish.”
Jacob stated that the suspect’s behavior was still unacceptable and “does not minimize the fear caused by the incident or the impact it had on the victim, witnesses or the broader community.”
“I recognize that this explanation may not satisfy everyone who saw the video or heard reports about the language used,” Jacob said. “I also understand why many in the community viewed the incident through the lens of rising antisemitism and felt strongly that it should be treated as a hate crime. SMPD takes those concerns seriously.”
The suspect’s “you are genocidal” remarks are “disturbing and harmful language, and SMPD understands why many people would hear it in the context of antisemitism, Israel, Zionism or Jewish identity,” Lt. Lewis Gilmour, a spokesman for the Santa Monica Police Department, told JNS. “However, the word ‘genocidal’ itself does not identify a protected class. It is an accusation.”
He added that “disturbing or harmful language may be relevant evidence” but “the evidence must show bias motivation or protected class targeting” in substantiating a hate crime allegation. “In this case, the evidence did not meet that standard,” Gilmour said.
“Regardless of how it is ultimately classified, incidents like this send shockwaves through the Jewish community, particularly at a time of rising antisemitism both locally and across the country,” Rabbi Noah Farkas, president and CEO of Jewish Federation Los Angeles, told JNS. “This incident serves as a stark reminder of the troubling normalization of antisemitic rhetoric, the weaponization of language and the growing willingness of some to engage in violence.”
