AUSTIN, Texas — Editor's note: Charges against a fourth person in this case have been dismissed, according to KVUE's media partners at the Austin American-Statesman.
On Friday, the Travis County District Attorney’s Office convicted a group charged with assault causing bodily injury, with a hate crime finding.
The convictions stem from events involving an attack on a gay couple, Tristan Perry and Spencer Deehring, in Downtown Austin in January 2019.
"It was very important to us that we secure the Hate Crime finding so that justice could finally be served," said Assistant District Attorney Beth Payan. "Hate crimes will not be tolerated here in Travis County, and they will be prosecuted accordingly.”
The couple originally reported they were attacked on Jan. 19 at a bar in Downtown Austin for being gay. According to the affidavit, the attack happened just before 2:30 a.m. on Jan. 19 at the corner of Third Street and Congress Avenue.
Deehring and his boyfriend, Perry, told KVUE as they were leaving a bar holding hands, a man approached them and used a bigoted slur. The couple reportedly questioned the man about what he said and, within a few seconds, there were "four or five guys there with him."
According to an arrest affidavit, Frank Macias, 22, was arrested and booked into the Travis County Jail for assaulting the couple. He was charged with two counts of aggravated assault with a bond set at $150,000 for each charge, according to online records. The remaining suspects, Quinn O'Connor and Kolby Monell, were arrested for the same charges.
On Friday, the Travis County District Attorney’s Office secured convictions for assault bodily injury with a hate crime finding. These convictions are two counts of assault bodily injury against three of the defendants – Frank Macias, Monell and O'Connor.
According to KVUE's media partners at the Austin American-Statesman, charges against a fourth person have been dismissed. The Travis County district attorney's office reportedly said his case was dismissed because of a lack of sufficient evidence to charge him.
“We will not stop until the hate crime laws in Texas are enhanced to allow thorough prosecution of those committing such heinous crimes,” said Tristan Perry and Spencer Deehring in a written statement. “Our community has to live in constant fear of narrow-minded violent individuals that are threatened by our very existence. No person should be subjected to violence because of who they love or what they look like. Love will always conquer hate.”
The Travis County District Attorney’s Office says they are committed to protecting all people "regardless of race, religion, sex, national origin, gender identity/expression, sexual orientation, age or physical handicap. Hate crimes will not be tolerated in our community."
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