The family of a gay teenager stabbed in the neck and wrists believes 18-year-old Holden White of Kaplan is the victim of a hate crime. But Lafayette Police is not pursuing hate crime charges. Legal analyst Franz Borghardt says the evidence has to be clear that the attack occurred because White is gay.
“If you can’t prove that, then you are trying to ice skate uphill. You’re trying to fit something that won’t fit and that is always problematic,” said Borghardt.
Police have arrested 19-year-old Chance Seneca and charged him with attempted second-degree murder, but no hate crime charges have been added. Borghardt says police officers and prosecutors sometimes do not want to pursue hate crime charges, because it makes the case more complicated.
“This is an attempted murder, this is a stabbing, this is a battery, and it has a very compact set of elements. Now I have to prove that it was oriented to some kind of targeting and discrimination,” said Borghardt.
Lafayette Police say the evidence shows there are other motives on why the attack occurred. White reportedly met Seneca on a gay dating app and police say the two got into an argument which led to Seneca stabbing White. Borghardt says a hate crime is a very serious charge.
“Why does charging someone with a hate crime matter? It generally carries more of a stiff penalty,” said Borghardt.
White is in intensive care, but his family says his condition is improving.
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