Concerns of under-reporting of hate crimes by Philadelphia police resurfaced last week after authorities said the homicide of Kiesha Jenkins isn’t a hate crime.
Jenkins, 22, a North Philadelphia trans woman, was brutally beaten, then shot twice in the back by multiple assailants during the early-morning hours of Oct. 6. The incident took place in the Hunting Park section of the city.
One suspect was arrested for his role in the incident, but the alleged shooter and other perpetrators have yet to be arrested.
Under state law, Philadelphia police are required to report all anti-LGBT hate crimes in the city to Pennsylvania state police.
But during an Oct. 12 press conference, Homicide Capt. James Clark said Jenkins’ homicide wasn’t a hate crime.
“This is not a hate crime at all,” Clark said. “It’s a sad and senseless murder. But it had nothing to do with this individual being a transgender. It had everything to do with the fact that they thought she had money and they wanted to take it from her.”
Clark referred to Jenkins as a “prostitute,” and said she waged a “valiant” fight against her assailants.
This week, Clark didn’t respond to a PGN question of whether he acted prematurely when ruling out a hate-crime classification in the Jenkins case. Clark also didn’t respond to a question about his reference to Jenkins as “a transgender,” which appeared to objectify Jenkins.
Lt. John Stanford, a police spokesperson, rebutted concerns that police acted prematurely when ruling out a hate-crime classification.
“The homicide that you are referring to was investigated with the same interminable effort used in every homicide case,” Stanford emailed. “Our homicide investigators seek justice for every victim and their families regardless of race, gender, religion or sexual orientation. Investigations are conducted and concluded based on evidence, not emotions or feelings. And although we don’t hold the authority to charge, the same is true for the legal bases of charging someone for a crime. It’s based on evidence of fact and not what someone ‘thinks.’ Our department has made many inroads in developing a good, positive relationship with members of the LGBTQ community and we will continue to do so moving forward.”
According to FBI guidelines, hate crimes sometimes have mixed motives, which could encompass robbery and anti-trans bias. Hate-crime indicators include: excessive violence; a perception in the community that a hate crime occurred; a location known to be frequented by members of the targeted group; a protected status for the victim that differs from that of the offender; and a history of similar conduct by the offender.
Julie Chovanes, a trans woman and local attorney, said she’s keeping an open mind as to whether the Jenkins case is a hate crime.
“It seems to me that a prudent investigation mandates keeping all avenues open,” Chovanes told PGN. “I would have preferred that the police held off on reaching any conclusions about the existence of a hate crime at this extremely preliminary stage of the investigation.”
Chovanes added: “I’m particularly concerned, since multiple factors appear to have existed, possibly classifying it as a hate crime according to FBI hate-crime guidelines.”
Chovanes is pleased an arrest was made in the Jenkins case. But the man who was arrested, Pedro Redding, told police he wasn’t the shooter.
“The police department obviously expended a lot of resources on this case as soon as they heard about it, because an arrest was made quickly,” Chovanes continued. “That’s wonderful. But I’m concerned the department’s rush to judgment on the hate-crimes issue will deter community members from reporting hate crimes in the future.”
On average, Philadelphia police report three anti-LGBT hate crimes annually. Critics say many more hate crimes occur but they aren’t reported to police, or the department declines to classify them as hate crimes.
For example, the Sept. 11, 2014, attack on a gay couple in Center City was widely perceived to be a hate crime. It prompted City Council to enact LGBT-inclusive hate-crime penalties. Yet Philadelphia police refuse to classify the incident as a hate crime.
Stephen G. Fischer, a spokesperson for the FBI, said there’s no mechanism for citizens to report suspected hate crimes directly to the FBI for statistical purposes.
He indicated the FBI would provide hate-crimes training to Philadelphia police, if requested to do so by Pennsylvania state police.
By presstime, Trooper Adam Reed, a Pennsylvania state-police spokesperson, didn’t respond to a question as to whether state police would make such a request.
The Anti-Defamation League offers free training to law-enforcement agencies on hate-crimes reporting.
“We have trained thousands around the country about hate crimes and hate-crimes reporting, and are prepared to train law enforcement in this area,” said Nancy Baron-Baer, the ADL’s regional director.
Baron-Baer added: “Under-reporting of hate crimes is a nationwide problem. Sometimes victims don’t report the crime. In other cases, law enforcement doesn’t identify the crime as a hate crime, or doesn’t provide the data to the FBI.”