AUSTIN (KXAN) — A man accused of stabbing a 23-year-old Palestinian American in West Campus near the University of Texas at Austin was indicted by a grand jury on an aggravated assault with a deadly weapon charge, according to a Travis County District Attorney’s Office press release.
Bert James Baker, 36, was arrested in connection with the February incident at Nueces and 26th Street. The victim, who was visiting Austin from North Texas for a demonstration that called for a ceasefire in Gaza, went to the hospital with stab wounds and a broken rib, the victim’s father previously told KXAN.
After the incident, the DFW’s Chapter of the Council on American-Islamic Relations (CAIR) called for hate crimes charges. Tuesday’s release from the DA’s office said Baker will not be prosecuted with a “hate crime enhancement.”
“The grand jury did not determine that the defendant intentionally selected the victim because of a bias or prejudice against the victim’s race, national origin, ancestry, or religion,” the release said.
KXAN previously reached out to Baker’s attorney for a statement. This story will be updated if a response is received.
“We know that many religious communities in Travis County and across the country are deeply concerned about a rise in hate crime reports and that many were hoping for the grand jury to reach a different conclusion in this case,” Travis County District Attorney Jose Garza said in the release. “Our office takes the hate crime referrals we receive from our law enforcement partners incredibly seriously. We remain steadfast in our commitment to prosecute these cases and ensure that those who commit hate crimes in Travis County are held accountable.”
Shortly after the stabbing, the Austin Police Department’s Hate Crimes Review Committee determined the case met the “definition of a hate crime” and the investigation was sent to the Travis County District Attorney’s Office for review, APD said.
“It is up to the prosecuting office to enhance the offense to a bias-motivated crime, not the investigative unit,” APD previously explained in a news release.
Baker’s case will be prosecuted in the 331st Judicial Court for Travis County, the release said.
University of Texas Police previously said neither the suspect nor the victim was affiliated with UT.