Christopher Husary, 36, of Hayward, Calif., will spend a year behind bars for the theft and destruction of an Israeli flag during a Jan. 6 protest in nearby El Cerrito, in the northern part of the state, against the war between Israel and Hamas in Gaza, a crime that was caught on video.
Judge Charles Burch sentenced Husary to 364 days in jail and two years of probation on Oct. 9, following a guilty plea to a charge of robbery with a hate-crime enhancement, set to begin on Jan. 2.
After Husary left court, he was arrested by waiting New York City Police Department officers who allege that while on bail for the flag issues, the California man harassed a Jewish person riding the subway on June 10.
“Everyone has the right to express their beliefs under the First Amendment, and we deeply appreciate those who bravely stood up for their rights despite attempts by the defendant to silence them,” stated Diana Becton, the district attorney in Contra Costa County in the San Francisco Bay area. “As I said when this case was filed earlier this year, the First Amendment does not protect people who threaten others, cause injury, engage in intimidation or damage property.”
Becton said that “when harmful actions are motivated by bias against a person’s race, gender, religion or national origin, it constitutes a hate crime.”
