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'I Can't Have Hatred Living In My Heart': Stockton Father Of 5 Shot In Potential Hate Crime Speaks For First Time

STOCKTON (CBS13) — Bobby Gayle Jr. spoke for the first time in a hospital room bed after getting shot outside a Stockton bank last Friday.

"I have two bullet holes in my face through my neck, shoulder," he describes.

Bobby thanks his community for their prayers.

"I'm so thankful and thank everybody for the support and the love," he said.

"There is a sense of peace," said Dr. Marlon Gayle, Bobby's brother.

He thanks God that Bobby is alive and the person accused of shooting him while allegedly calling him racial slurs has been caught.

We want to warn you surveillance video of the violent attack is disturbing.

In the video, you can see Bobby walk away with his hands up begging the suspect, who police identified as 31-year-old Michael Hayes, not to shoot.

"It's like a thief you know, it's like he tried to come and steal something or to rob something from our family from our lives," Dr. Marlon said.

Police initially called the shooting a possible hate crime but as of now, the suspect has been booked for attempted homicide, assault with a deadly weapon and weapons charges.

Tori Verber Salazar is the San Joaquin County District Attorney. We asked why the suspect wasn't charged with a hate crime when arrested.

Salazar says there has to be evidence and it has to be proven the defendant had a bias against the victim's actual or perceived characteristics—in this case, the victim's race and the bias is what motivated the alleged crime.

"And it has to be a substantial factor," Salazar added. "In this case, we do believe we have enough evidence to move forward."

She told CBS13 she is confident the suspect will be charged with a hate crime.

"We are going to let justice take its course. He keeps talking about love and talking about faith and talking about hope and what does live in our hearts is still love," Dr. Marlon said.

Marlon says, even in this tragedy, their faith remains strong.

"I am so joyful. I can't have hatred living in my heart because if I do, it takes the place of love and other things like that, so that's a no," Bobby said.

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