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July 1989
'Dotbuster' Trial Ends in Conviction
New Jersey Hindus were
displeased with the verdict in the Navroze Mody murder trial just
concluded in April. Three of the four defendants, Ralph Gonzalez, 18,
Daniel Luis Acevedo, 16, Luis Padilla, 17, were sentenced to the maximum
ten years for "aggravated assault." The fourth, William Acevedo, 18, was
convicted of simple assault and has yet to be sentenced. Mody's death in
1987 at the hands of the teenagers came just days after the appearance of
a letter in a local newspaper from a group calling themselves "dotbusters"
and threatening to attack Hindus. [HINDUISM TODAY, Nov.,
1987.]
Though the Indian community felt strongly that the attack by
the boys was racially motivated, no evidence was brought forth at the
trial to prove so. Witnesses instead testified that the two-minute
altercation began when a group of girls started taunting Mody (30) about
his bald head. A sixteen-year-old girl testified she came up to Mody on a
dare and slapped his head. The four teenagers saw Mody push her away. They
claimed they thought he was bothering her and started the fight. Mody, a
brown belt in karate, defended himself and slightly injured one of the
boys. But Mody was knocked to the ground repeatedly, finally hitting his
head on the curb, an injury which resulted in his death four days
later.
In an interview with HINDUISM TODAY, Jersey City Senior
Staff Attorney Jack Hill said they'd hoped the jury would at least find
the boys guilty of manslaughter, as is frequently the case in deaths
resulting from street fights. But, in the morbid logic which the legal
system applies to these inhumane acts, the jury had to evaluate the extent
to which Mody participated in the fight, the extent of "recklessness"
shown by the defendants and the general motivation for the incident, which
the defense claimed was the boys' "misplaced chivalry" in coming to the
aid of the girl. Hill said that the jury may have accepted that this was a
"street fight in which Mody voluntarily participated but did not
initiate."
Mody's father believes the trial was a miscarriage of
justice and is trying to have a mistrial declared. He believes the jury
selection was improper and states that one of the jurors was acquainted
with a friend of a defendant.
Though defense attorneys were pleased
that the conviction was only on aggravated assault and not murder or
manslaughter, they complained that "Asian Indians and their organizations
had put pressure on the American judicial system" to influence the
sentencing and said they would appeal the sentences.
Hill said he
knew the Indian community was upset that "the [county] did not frame the
incident in an ethnic sense." But, he said, "we believe [the boys] did not
know [Mody] was an ethnic Indian." He also pointed out that the boys,
though juveniles, were tried as adults and have received the maximum
sentence allowable.
The "dotbuster" incidents in New Jersey have
created both fear and introspection among local Hindus. If there is any
positive result from the tragic death of young Mody, it is that Hindus
have become more aware of the need to address intercommunity relations in
America.
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