No hate crime charges for Barry Baker

Proposed state legislation would make it a hate crime to assault disabled persons

After Barry Baker was arrested and charged with mocking and assaulting a disabled person earlier this month outside a convenience store, the Chester County district attorney’s office has been deluged with calls from people demanding Baker be prosecuted under hate crime laws.

Nearly 50 years ago, Congress passed the first hate crimes statute. The law was broadened in 2009 when Congress passed the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, expanding the federal definition of hate crimes. This law added new federal protections against crimes based on gender, disability, gender identity, or sexual orientation.

Pennsylvania does not have a criminal statute that governs intimidation and assault based on physical or mental disabilities. But there is legislation pending in both the House and Senate that would classify crimes against disabled people – among others – as hate crimes. Chester County District Attorney Tom Hogan said he supports such legislation and is urging residents to contact their legislators.

House Bill 505 and Senate Bill 96 – both introduced in the Pennsylvania General Assembly this year – address the issue of assaulting disabled people, and broadens it to include people of any “race, color, religion, national origin, ancestry, mental or physical disability, sexual orientation, or gender identity.”

The penalty in most cases

would be one degree higher, a misdemeanor of the third degree rather than a summary offense, and calls for greater fines and jail time.

Chris Ireland of East Whiteland, who has a son with multiple disabilities, was one of the many people who called Hogan’s office asking that Baker be prosecuted for a hate crime. Baker is still a fugitive from justice after failing to show up for a child support hearing.

“These are people who can’t protect themselves,” Ireland said. “We need to protect them. Our legislators need to do something. The combination of mocking him and assaulting him without question is a hate crime. He (Baker) showed he didn’t like that population by mocking him, and then he hit him.”

Ireland said many people are unaware of the limitations of disabled people. He said he often gets dirty looks when he takes his 13-year-old son out to eat, because his son makes noise and sometimes hits himself.

“This is a heinous crime against a group of people who are generally defenseless,” he said. “This is clearly bullying and abuse. I really hope (the district attorney) does not plea it and I pray they prosecute this guy.”

John Rouse, a custom home builder from Haverford who has a disabled daughter, said lawmakers should act to protect those who can’t protect themselves. He and his wife, Choppy, help their daughter, Christine, to run a theatre workshop called Acting Without Boundaries, a unique year-round theater

program that provides an open forum for the creative and artistic expression of teens and young adults with physical disabilities.

“I think (assaulting disabled people) is one of the lowest forms of humanity,” Choppy said. “When someone without a disability mocks someone with a disability, it is a form of bullying, and when they physically attack them for no reason, it’s just atrocious. They should be held to a higher standard of accountability.”

The assault was captured by outdoor surveillance cameras, and it shows

a man police say is Baker mocking a disabled 22-yearold man after he exits his car, and then sucker punching him after he comes out of the store.

“This man with cerebral palsy was one of the better ones,” Choppy Rouse said. “He can walk and drive a car. Many have to use walkers or wheelchairs or are on crutches. But I’m shocked because in the video you see two other people standing around, and did nothing at all. One even looked and walked away. If you don’t want to get involved, that’s OK, but at least call 911.”

Baker, 29, charged with simple assault and related crimes for which he faces one to two years in jail, has been on the lam since Thursday. He has a long criminal record in Chester County, including a conviction involving the theft of veterans’ grave markings from two local cemeteries. His lastknown address was 21460 Park Ave. Georgetown, DE. He stands 5 feet 10 inches, weights 180 pounds, and has tattoos on both arms, and a tattoo on his chest. He has a total of 13 tattoos. Residents are urged to call 911 if they see him.

Barry Baker