San Marino Police Chief John Incontro, shown speaking at a recent Rotary Club meeting, said his department is “not giving up” in the investigation of a possible hate crime.”
San Marino’s police chief said this week that his department continues to seek potential victims in a case involving possible racial content and hate speech, a matter in which two former San Marino High School students and a current student have been described by authorities as possible suspects.
Chief John Incontro also told The Tribune that a fourth possible suspect is no longer considered a person of interest.
“We are moving forward and not giving up,” said Incontro, who said his department has been “pretty much absorbed” with the investigation.
On Thursday, June 4, the SMPD was made aware by complainants that racist comments, videos and photographs had been posted on various social media platforms. Investigators began meeting with an individual who identifies himself as a “whistleblower,” but who is a minor and whom police will not publicly identify, Incontro said. The SMPD continues to meet with the individual and has also filed search warrants on records at the high school and various social media sites.
“We are trying to get as much information as we can,” said Incontro. “We need to speak with victims.”
Incontro again pointed out the nuances of working a case that involves issues of free speech.
“The SMPD’s investigation is limited to whether a crime has been committed,” said Incontro. “The First Amendment of the U.S. Constitution prohibits the U.S. Department of Justice from prosecuting people for their beliefs or language. Although untrue or stereotypical beliefs and expressions can be offensive, they are not considered a crime, nor is it criminal to join with others who share such views. However, once the protected speech includes a nexus to a crime, the First Amendment no longer offers protection, and actors may be prosecuted for committing a crime based on hate.
“This is why it is critical to have identified victims. Without them, offensive speech on its own, even if clearly demonstrated by evidence, is not considered a criminal act.”
Shortly after the incident was reported, two separate petitions demanding a series of reforms by the San Marino Unified School District were circulated through social media. One of the petitions demands that administrators “hire black, brown, and ethnic instructors into your system, add non-white humanities courses in philosophy, anthropology, sociology, theology, and political science.”
The petition also calls for an action plan on behalf of administrators and requests that the school “bring in public speakers of the black and brown LGBTQ+ community as well as non-black ethnicities to foster your students’ education.”
Another petition implores the SMUSD “to establish white supremacist/racist hate speech, overwhelming criticism from the community on permanent record as well as revoking college admissions” for the accused students. “We also petition you to hire black, brown, indigenous, and ethnic instructors into your system, add non-white humanities courses in philosophy, anthropology, sociology, theology, and political science.”
The SMUSD Board of Education held a special meeting on Tuesday evening to address educational and social issues of diversity and implicit bias.
The Police Department is encouraging any possible victims or witnesses to contact Detective V. Wilson at (626) 300-0728. Those wishing to remain anonymous may contact “LA Crime Stoppers” at (800) 222- 8477, or use the application “P3 MOBILE APP” on Google Play or the App Store, or use the website at lacrimestoppers.org.
