Enough evidence exists to proceed with a hate-crime prosecution against Juan Diaz-Rivas, who is accused of participating in an “antisemitic group beating” in June, a judge ruled Thursday.
Judge Michael McNaughton of California Superior Court in San Francisco also used the preliminary hearing to condemn the incident.
“This was random. This was senseless. And the only rationale is the irrational hatred toward an ethnic group,” McNaughton said in court.
Diaz-Rivas, 36, pleaded not guilty on June 18 to two counts of assault “with force likely to cause great bodily injury,” including an allegation of a hate crime that adds enhanced penalties to a felony conviction. The defendant remains in custody without bail and is set to return to court July 17.
Diaz-Rivas, who appeared in court Thursday in an orange jumpsuit, listened as three witnesses, including one of the victims, described the alleged assault in graphic, disturbing detail.
Alana Gans, 28, who is Jewish and a student at UC Law San Francisco, took the stand for roughly 20 minutes. Gans, who wore a Star of David necklace, spoke matter of factly while testifying about the incident, which began around 2:20 a.m. Saturday, June 14, in the Marina District.
According to Gans, she and her friend, a 27-year-old man referred to as “Jeremy W.,” were eating quesadillas on the curb after a night out. They heard someone behind them shout “f*** the Jews” and “free Palestine.” Gans said she turned around, explaining that she is Jewish and asking the person to stop.
She told the courtroom that the situation escalated into verbal sparring between Jeremy and a handful of men. Then the encounter turned physical. Gans didn’t recall how she ended up face-down on the ground. However, Gans said that she saw Jeremy kicked and punched to the ground and knocked unconscious. Jeremy did not testify on Thursday.
Adam Gasner, Diaz-Rivas’ attorney, tried to raise doubt about Gans’ certainty that Diaz-Rivas was involved in the group beating, given that there were “five to seven” men involved in the attack, according to Gans’ recollection.
“Do you remember whether or not Mr. Diaz-Rivas ever punched Jeremy?” Gasner asked Gans during cross-examination.
“I do remember,” Gans said, describing Jeremy being kicked and then punched by Diaz-Rivas, who she said continued to spew antisemitic slurs during the assault, repeating “f*** the Jews.” She also described the color and pattern of Diaz-Rivas’ shirt, which a second witness corroborated during the hearing.
A male bystander intervened and tried to break up the fight, Gans said in court, but that man was beaten as well. The prosecution shared photo evidence from the San Francisco Police Department of injuries to the bystander’s forehead and jaw.
“The police came, and I ran over to Jeremy. He came to, and his face was just covered in blood. He didn’t really know what was going on,” Gans testified.
Medics arrived. As they were treating Jeremy, Gans testified, Diaz-Rivas crossed the street, came toward them and continued saying “f*** those Jews.”
Sgt. Nathaniel Yuen, with SFPD’s special investigations division, specializes in hate crime investigations. He corroborated Gans’ testimony by detailing his interview with Jeremy.
“He stated he was hit from behind. He lost consciousness,” Yuen testified.
The third person to testify was Kaeli Takeshita, an SFPD officer who responded to the scene on June 14. She shared details from an interview with the man who intervened in the fight, Lance Stewart, who said he heard the “ethnic slurs” and then watched as a group of men assaulted Gans and Jeremy, according to Takeshita.
Diaz-Rivas was described as “the dominant aggressor, initiating the fight,” according to Takeshita.
Diaz-Rivas of Sonoma County has no prior criminal record, according to Gasner, and works at a bar and restaurant. His fiancee, niece and a family friend came to support him in court.
Six Jewish community members came to show support for Gans.
“I think it’s a fairly courageous thing to do,” Nathan Lemkhin of San Francisco told J. regarding Gans’ testimony.
One Jewish woman who came to support Gans clapped in response to the judge’s ruling when the hearing was over.
Gasner unsuccessfully argued for Diaz-Rivas’ release from custody, calling his client’s conduct “ugly” and an “alcohol fueled … mistake.”
“There’s no manifesto. There’s no deep-seated hatred for any particular race,” Gasner told the judge.
Assistant District Attorney Jamal Anderson responded, “This conduct was not just ugly. It was abhorrent.”
A second suspect charged in the alleged assault, Alejandro Flores-Lamas, 22, is not currently in custody. His preliminary hearing is scheduled for Aug. 21.