uncertain if a report should be filed

[JonnyD]

I sent a detailed description of the incident to the Non-urgent tip line via email. I am a much better writer than speaker.
I wanted to have a written record for myself and now they have it.

Thanks again for the advice.

[Casoobaru]

As an asian myself, and working in an area with a heavy asian population, asians aren’t being targeted because they’re asian. Asians are victims because they’re soft targets. Marijuana grow houses, carrying around large sums of cash, tons of expensive jewelry, having zero self-protection/awareness, older asians having little to zero trust in the government, etc.

For example, there’s a bus that charters older asians back and forth to local casinos in my area. Want to know the nickname of that bus? The 211 bus.

It’s less that they’re asian and more that they’re soft targets. On a public forum, I’d say the same because I don’t represent my department here. I’d say the same about black, white, hispanic, and you guessed it, asians. Anti-Asian hate? That’s playing into the politics and the intersectionality olympics. Victims are victims no matter the race.

So when a group of people make racial slurs and then follow someone it's not because they are anti asian. When people push down, punch, and beat up asians and call them racial slurs its not because they are anti asian. Man you are so biased on your political beliefs (rooted in fantasy) your head is stuck all the way up your ***. You either have zero concept of what is actually occurring or you are more concerned with fitting your own narrative like cnn. Black people have been ****ing up and hating asians for a long time in this state, if you don't know or see that you must be a **** leo. Embarrassment.

"For example, there’s a bus that charters older asians back and forth to local casinos in my area. Want to know the nickname of that bus? The 211 bus. "

-- Thought of you or someone at your dept getting off your *** and doing something about it? Pathetic.

[CheapBloke]

Even if you file a report, would anything positive come from it? For next time, have her remember where LE offices are at. That way if they decide to follow, she can lead them to the report takers.

[CA1958]

I'm not one to play the race card, I'm also not Asian, and was working at the time this happened.
The race info listed in my OP was just the facts of the incident.
According to my wife, the 3 subjects in the Acura did not look like thugs because they were black, they looked (and acted) like thugs AND were black.
If they were other races, that would have been listed.
More and more, race has become the focus more than just part of a simple description to help identify a person.



I agree. She did not feel targeted because she is Asian.
They were probably looking at her because it was just her an a young child: easy potential victim.
It seemed more like they were just using whatever they had available to them to try and trigger a response/ incident. Race baiting was just their tool.
She's too smart to fall for that crap.

With what info she had, and even with a license plate, I agree that there is not much that can be done other than letting FPD know that a teal blue Acura may be making stops in Fremont to cause trouble, especially since it didn't escalate further.

Also, our household plan for being followed is to drive to FPD station and park in their public lot, calling FPD if needed.
We both have the non-emergency number saved in our phones, just in case we need it for any reason.

Thanks for your input, and stay safe out there.

OP - report it to FPD anyways. To reinforce what others have said, this is probably not their first incident and it will probably happen again. Or even escalate into something worse. You have the date/time stamp from the receipt, so should this turn into something more - like a more serious incident or crime involving suspects with the same description in a similar vehicle - FPD can check cameras in the area for a license plate on the suspect video. Where it goes from there, who knows.

[esy]

[Casoobaru]

Are you LEO?

Sounds like you’re talking with pure feelings rather than facts. You must believe everything the media and newspapers tell you.

Ok bud, you are the one trolling in a thread posted by someone who had an incident where people were yelling anti asian racial slurs at their family and displaying threatening behavior that it has nothing to do with race. You are the one who is biased by the media thats why you feel the need to come in here and spew your bs viewpoint completely unrelated to the situation.

I am not a leo.

And ps I don't follow the media, i follow what I have seen with my own eyes in Oakland and San Francisco and surrounding areas in person. Clearly you are the one drunk on the media media media.

The reality is because every single crime against an asian is reported as being anti asian by the media you have now decided that none of it has to do with race, it's all a big lie. Crimes against asians have gone up (look it up) mainly by black people and likely due to all the blm bull**** growing the entitlement to do anything to anyone.

Op- you are agreeing it was probably just race baiting and not related to their race, you also said it was a public area and she waited for other people to leave. I guess there were no other young people or woman right (seems highly unlikely from what you said) so why did they pick your wife and kid? Why did they wait for them? Couldn't be because they are racist towards asians?? duhhh. I guess it's more important to fit that narrative that you won't be manipulated by the media regardless of if you are right. What a ****ing nightmare. I wonder if your wife and kid share the sentiment it had nothing to do with race?

I guess when people beat the crap out of a random asian person and don't rob them while calling them racial slurs it must just be coincidence, couldn't actually have to do with race.

My advice to you is don't let the bull**** in the media disillusion you from reality.
No reason to continue this anymore.

[CheapBloke]

Have you tried being an Asian working in a heavy White or Black neighborhood or population?

Who the fck is going to target Asians in a Asian heavy population.

[TRICKSTER]

Ok bud, you are the one trolling in a thread posted by someone who had an incident where people were yelling anti asian racial slurs at their family and displaying threatening behavior that it has nothing to do with race. You are the one who is biased by the media thats why you feel the need to come in here and spew your bs viewpoint completely unrelated to the situation.

I am not a leo.

And ps I don't follow the media, i follow what I have seen with my own eyes in Oakland and San Francisco and surrounding areas in person. Clearly you are the one drunk on the media media media.

The reality is because every single crime against an asian is reported as being anti asian by the media you have now decided that none of it has to do with race, it's all a big lie. Crimes against asians have gone up (look it up) mainly by black people and likely due to all the blm bull**** growing the entitlement to do anything to anyone.

Op- you are agreeing it was probably just race baiting and not related to their race, you also said it was a public area and she waited for other people to leave. I guess there were no other young people or woman right (seems highly unlikely from what you said) so why did they pick your wife and kid? Why did they wait for them? Couldn't be because they are racist towards asians?? duhhh. I guess it's more important to fit that narrative that you won't be manipulated by the media regardless of if you are right. What a ****ing nightmare. I wonder if your wife and kid share the sentiment it had nothing to do with race?

I guess when people beat the crap out of a random asian person and don't rob them while calling them racial slurs it must just be coincidence, couldn't actually have to do with race.

My advice to you is don't let the bull**** in the media disillusion you from reality.
No reason to continue this anymore.

Considering the fact that you are posting in the LEO forum and the OP specifically asked for LEO responses only, you never should have started in the first place.

[Casoobaru]

Considering the fact that you are posting in the LEO forum and the OP specifically asked for LEO responses only, you never should have started in the first place.

The op asked him to come in and talk about if crimes are racist instead of discussing the situation at hand?

No he never should have come in and gone off topic pushing his own narrative. I never would have posted and would have just been a reader at that point.

[Spaffo]

If the thugs' comments included threats, a Criminal Threats report would be appropriate.

[SonofWWIIDI]

...

As an Asian American I'm tired of being told how to feel. I'm tired of being told I cannot be a victim so you the left can feel better about racially motivated incidents and pretend Black Americans gangbangers aren't specifically targeting people of Asian descent who appear to be easy targets.

...

Dan

Umm, modify it a bit and it seems like all of us could feel the same way. Regardless of skin color.

I too am tired of being labeled and hated because of the color of my skin. The media, the left, the sheeple who go along are the problem.

A friend forwarded this to me in an email sometime back.



Everybody needs to get over themselves.



NOTE-none of this is directed at anyone specific. If anyone is offended or insulted by any of it, they should take a hard look at their own ideals and opinions.

JMHO.

[OCEquestrian]

As an Asian American I'm tired of being told how to feel. I'm tired of being told I cannot be a victim so you can feel better about racially motivated incidents and pretend Black Americans aren't specifically targeting people of Asian descent.

^^^^ The inconvenient truth that the democrats and the media want to hide from the people and the LE community is complicit in the coverup!

[RickD427]

On Saturday, my wife told me that she had gone to dunkin' donuts with my son and ran into an incident.
In my opinion it crossed a line, but I'm not sure if it crossed the line into legally reportable crime territory.

This was in Fremont.
So when she parked in the only available space, a car parked in the next stall with 3 thug-looking black guys in it started calling out obscenities and anti-asian racial remarks when she and my son got out. She ignored them so as to avoid further engagement.
Before they went back the her car, she waited until there were other pedestrians around and made it quick. Same thing with obscenities/racial remarks.
When she drove off, they began to follow her in their car, but she was able to lose them by making a few strategic turns and u-turns to where traffic prevented them from continuing to follow.

My question is whether or not to file a police report with FPD.
If we can/do file a report, what should it be filed as? Attempted hate-crime/stalking?
She has a date/time-stamped receipt for time accuracy, and the color/make of the car. No license plate, no model, and just a gender/race description of the car's occupants.

I am only looking for LEO responses please.
Thanks in advance.

Let's see if we can get this thread back on track before a Moderator feels the need to close it.

It would be wise to report the incident to the local law enforcement agency, but at the same time, unless there is other evidence to suggest criminal activity, I would not expect much to result.

The main reason for reporting is to see if the events you describe can be aggregated with other events the agency may be aware of to show that a crime has occurred. In other words if you have to prove "A","B","C" and "D" to get a crime, and you only have "A" and "C", it's possible that other victims may be able to show "B" and "D".

The primary issue here is that the Constitution is very protective of free speech, even speech that is quite hateful or vile. There is a very, very, high bar set for speech to become criminal.

The reason I would not expect any action to result from the conduct you described, is that there is no clear violation of a California criminal statute. Here's a look at the statutes that come closest to being violated, along with a discussion of why they were not clearly violated:

1) Penal Code section 646.9(a) (Stalking) - This one is often misunderstood where folks apply the common understanding of "Stalking" which may have been met in your description. But the crime of "Stalking" requires that there be conduct meeting the common understanding plus the making of a credible threat. The threat part seems to be absent from your description. Here is the text of the statute:

"Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison."

2) Penal Code section 422.6(a) (Hate Crime) - This was was written to address the issues faced by your wife and son, but it requires that the violator act to deprive the victim of a guaranteed right on the basis of a protected category (which includes race), but the problem here is that the deprivation must be by force or threat of force. Here is the text:

"No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55."

Penal Code section 422(a) (Criminal Threats) - For this one, the suspect(s) has to make a specific threat to commit a crime against the victim, and the threat must create "sustained fear" on the part of the victim that the crime will be carried out. There was a period of time where case law held that a conditional threat did not violate this section, but that has been overruled and conditional threats may now violate PC 422. But the "sustained fear" element is difficult to prove. I'd often ask a potential victim what they were doing differently in their life since receiving the threat. If they told me, I called to report it and I'm being a little more careful, then I'd conclude that the victim was only showing ordinary fear and that the element of "sustained" fear was not present. On the other hand, if they told me that they were bringing their will up to date, had purchased their burial plot and were keeping their shotgun always in reach, then the element was probably satisfied. Here is the text:

"Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison"

[esy]

Ok bud, you are the one trolling in a thread posted by someone who had an incident where people were yelling anti asian racial slurs at their family and displaying threatening behavior that it has nothing to do with race. You are the one who is biased by the media thats why you feel the need to come in here and spew your bs viewpoint completely unrelated to the situation.

I am not a leo.

And ps I don't follow the media, i follow what I have seen with my own eyes in Oakland and San Francisco and surrounding areas in person. Clearly you are the one drunk on the media media media.

The reality is because every single crime against an asian is reported as being anti asian by the media you have now decided that none of it has to do with race, it's all a big lie. Crimes against asians have gone up (look it up) mainly by black people and likely due to all the blm bull**** growing the entitlement to do anything to anyone.

Op- you are agreeing it was probably just race baiting and not related to their race, you also said it was a public area and she waited for other people to leave. I guess there were no other young people or woman right (seems highly unlikely from what you said) so why did they pick your wife and kid? Why did they wait for them? Couldn't be because they are racist towards asians?? duhhh. I guess it's more important to fit that narrative that you won't be manipulated by the media regardless of if you are right. What a ****ing nightmare. I wonder if your wife and kid share the sentiment it had nothing to do with race?

I guess when people beat the crap out of a random asian person and don't rob them while calling them racial slurs it must just be coincidence, couldn't actually have to do with race.

My advice to you is don't let the bull**** in the media disillusion you from reality.
No reason to continue this anymore.

So you've never investigated actual crimes in progress, cold crimes, or have any working legal/law enforcement knowledge or experience, and you're looking at raw numbers without knowing the actual fact patterns of the case?

Got it.

[esy]

Have you tried being an Asian working in a heavy White or Black neighborhood or population?

Who the fck is going to target Asians in a Asian heavy population.

I don't try. I do.

I won't answer your second question as it definitely appears to be filled with emotion that you can't control even over the internet.