CBS affiliate WPEC.A witness captured video of Jerich’s car swerving through the intersection and repeatedly using its tires to mark up the painting.
That video later went viral.When he was initially arrested, the Delray Beach Police Department added a hate crime enhancement to the charge of criminal mischief, for allegedly targeting the LGBTQ community.
But Palm Beach County State Attorney Dave Aronberg said that the law does not allow Jerich to be charged with a hate crime enhancement.“The facts of this case…indicate that the defendant was motivated by prejudice, including a witness who heard someone scream to the defendant to ‘tear up that gay intersection,’ Aronberg said in a statement. “We were, however, unable to apply Florida’s hate.