Hate Crime Charges For Man Who Threatened Teens With Gun On Martin Luther King Jr. Day
Follow CBSMIAMI.COM: Facebook | Twitter
MIAMI (CBSMiami) - A man with a gun who was caught on cell phone camera threatening a group of teens on bikes is facing additional charges.
Mark Bartlett was originally charged with carrying a concealed weapon for the Martin Luther King Day incident.
Now, Miami-Dade State Attorney Katherine Fernandez Rundle told CBS4's Peter D'Oench that Bartlett acted with prejudice and is now charged with 3 counts of aggravated assault with prejudice, which is now enhanced to a 2nd degree felony. He is also charged with improperly exhibiting a firearms and carrying a concealed firearm. Both are 3rd degree felonies.
"Actions matter and words matter," said Fernandez Rundle. "Crime matters and the law matters. The charges are about words coupled with actions. We are looking at the totality of the evidence and what the witnesses and the victims are saying and that is why we felt these were the appropriate charges."
Lee Merritt, an attorney for the Cochran law firm, said his firm was now representing six of the youngsters involved in the incident and he applauded the decision by the Miami-Dade State Attorney.
By telephone, he said, "It means a lot to these families of the children who are victims of what we have always believed was a hate crime. We hope this leads to a vigorous prosecution that will lead to the appropriate sentencing. Hate crimes are on the rise in the past few years and to deter them we have to use the laws that are on the books."
There were lots of frustrated drivers on Brickell Avenue that day as the teens, who were protesting housing concerns in Liberty City, rode their bikes in the busy financial district, bringing traffic to a halt.
On the Brickell Avenue Bridge, those teens riders got into a confrontation with Bartlett, part of which was recorded on a cell phone camera.
"You just ran over my foot with your tire," the woman screamed.
It didn't take long before things escalated.
Police said Bartlett walked up carrying a gun and started yelling a lot of racial slurs directed at the teens.
The teens' attorney believes the armed confrontation was a hate crime and the Miami-Dade State Attorney's Office agreed.
On Monday, they announced that utilizing the Hate Crimes Enhancement created by the Florida Legislature to provide stiffer penalties for a conviction when an offense was motivated by prejudice.
After the incident, Bartlett apologized for his use of the offensive language. He also claimed he was not guilty of any criminal behavior and was only defending a loved one that he believed was in danger.
On Tuesday, his attorneys issued the following statement:
"We are disappointed the State Attorney has succumbed to the political pressure rather than obeying the tenets of the law. Clearly this mob of people who were commandeering traffic, and taunting passengers, while wearing masks and gloves, were not peacefully protesting -they were not peacefully doing anything. They were committing multiple crimes for which the State Attorney is not holding them accountable. The State Attorney has compounded the City of Miami's negligence by failing to investigate the situation thoroughly, interview independent witnesses, and reach a result based on the law; not politics. It's a shame the State Attorney's platform for lawfulness has now turned into one of endorsing lawlessness. This charging decision is a disgraceful miscarriage of justice, and we intend to remedy it - by vindicating our clients in a court of law; not in the court of public opinion," said Jayne Weintraub & Jonathan Etra, counsel for Mark Bartlett."
Fernandez Rundle responded, "We just stick to the law and the evidence in this case. I'm sure the defense will do their best to find cracks in the case but we believe we are doing the right thing."
Tuesday evening, one of the teenagers who was present at the bridge encounter says he's thankful for the state attorney's actions. Still, he says he doesn't feel safe.
"I feel good but I would feel better if he's on house arrest," said Jamel Materson. "Because I feel more safer walking around and riding my bike."
Another teen that was there for the incident, 16-year-old Jamel Anderson, thinks it was racially motivated.
"He was just mad," said Anderson. "I think, to me, he just don't like black people."
Bartlett will be arraigned on the new charges Wednesday.
Fernandez Rundle says prosecutors will ask that his bond be increased. She said under the state's sentencing guidelines, he would face anywhere between 5 and 55 years behind bars if convicted.
"I hope that this shows that this is not cool to do," said Dwight Wells with Bikes Up Guns Down. "Racism against African American kids, Spanish kids, kids from all ethnicities is not tolerated in Miami or in the United States of America."
The group from Bikes Up Guns Down say they plan to be at the hearing.
Members of the group Dream Defenders have filed a lawsuit against the couple on the teens' behalf for damages alleging battery, assault, and violation of the state's hate crime law.
