Kroger shooting hate-crime call delayed
Officials still haven’t characterized killings
LOUISVILLE, Ky. – Hours after a gunman killed 11 people in a Pittsburgh synagogue, the attorney general of the United States denounced it as a hate crime and vowed to seek the death penalty.
But in Louisville, where a white man killed two black people at a Kroger on Oct. 24, local, state and federal officials have been slow or silent on a motive.
It took Jeffersontown Police Chief Sam Rogers four days to say the slayings were racially motivated, telling churchgoers Sunday the issue is “the elephant in the room.” Maurice Stallard, 69, and Vickie Lee Jones, 67, were killed.
Rogers was speaking at First Baptist Church of Jeffersontown, a predominantly black church that police said the suspect tried to enter minutes before opening fire at Kroger.
Kentucky and federal prosecutors still haven’t called the Kroger killings a hate crime. They also haven’t said who will handle the case or whether they will pursue a death sentence.
Both alleged shooters made their intentions clear. In Pittsburgh, suspect Robert Bowers proclaimed: “I just want to kill Jews!” In Louisville, Gregory Bush reportedly told white bystander Ed Harrell: “I won’t shoot you. Whites don’t shoot whites.”
Both suspects have a history of racially insensitive commentary on social media. And both tried to enter a house of worship, though Bowers succeeded and Bush did not.
With so many similarities in the cases, activists and others in Louisville have questioned the contrast in how they are being handled.
“What’s the delay? Why haven’t public officials been more forceful in calling this a hate crime?” said the Rev. David Snardon, president of the Interdenominational Ministerial Coalition.
U.S. Rep. John Yarmuth, D-Ky., said on Twitter on Saturday that federal officials should “call it what it was: a hate crime.”
While speaking in Frankfort, Ken- tucky, on Monday, Senate Majority Leader Mitch McConnell, R-Ky., called the Kroger killings a hate crime that merits the death penalty.
Russell Coleman, U.S. attorney for the Western District of Kentucky, declined to comment Monday. He pointed to a statement he gave the Courier Journal on Thursday, saying federal investigators are supporting local police in the investigation and are looking for possible violations of federal law, “which includes potential civil rights violations such as hate crimes.”
Several civil rights leaders and city council members discussed concerns Sunday, mainly questioning why the incident wasn’t quickly denounced as a hate crime by Mayor Greg Fischer and Gov. Matt Bevin.
A spokeswoman for Fischer said Sunday night that the mayor did view it as such. On Monday, Fischer himself publicly declared, “This was a hate crime.”
Still, Snardon said, “the level of ur- gency is of concern. Until the FBI actually gets involved, until it’s charged as a hate crime, it’s simply rhetoric.”
Agents with the FBI, assisted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, have been investigating the case but haven’t disclosed the motive.
Tim Beam, spokesman for the FBI’s Louisville Division, declined to respond to the criticism Monday, referring calls to Coleman’s office.
In a statement Fischer on Monday, he also deferred to federal prosecutors: “We want this man held accountable for his vile and racist actions specifically targeting African Americans, and will continue to call on the U.S. Attorney to prosecute this case as a hate crime.”
Sessions hasn’t commented on the Louisville case. Despite detailed public comments hours after the synagogue slayings, Department of Justice spokeswoman Kelly Laco said in an email, the “DOJ does not confirm, deny, or otherwise comment on investigations.” She referred questions in the Louisville case to Coleman.
Carla Wallace, with Louisville Showing Up for Racial Justice, said if this case isn’t treated as an act of racism, it “sends a very bad message not only to the black community but to all of us who care about racial justice.”
At a news conference Monday, Fischer said he will push for a stronger state hate crime law.
In murder cases in Kentucky, racial hatred can be used to explain the motive but not to increase the punishment because it is not listed as an aggravating circumstance. In the Kroger case, state prosecutors could seek the death penalty merely because more than one victim was killed.
Federally, there is a hate crime statute that requires proving motive. The death penalty is rarely sought in federal court and requires approval from Washington officials.
“If we go forward with an indictment, it doesn’t preclude the federal government from pursuing a case,” said Jeff Cooke, a spokesman for Jefferson County Commonwealth’s Attorney Tom Wine.
Former federal prosecutor Kent Westberry, who has worked on hate crime cases, said Monday, “This looks like a hate crime to me.”
But he urged patience, saying Coleman probably would have to first consult with Department of Justice officials before taking the case.
Metro Council President David James said he hopes that the case will be prosecuted as a hate crime and that the shooter will face a death sentence.
“I think he knew what he was doing and should be held accountable to the fullest extent of the law,” said James, a veteran police officer.
Kerry Harvey, former U.S. attorney for the Eastern District of Kentucky, said it took him weeks to announce his office would handle the hate crime case against four suspects accused of kidnapping and brutally beating a man because of his sexual orientation.
“I can assure you there’s no apathy,” said Harvey, who knows Coleman and several officials in Wine’s office. “They’re just trying to get this right.”