District Attorney: Not Enough Evidence In Fairfax Swastika Case

FAIRFAX, CA — The Marin County District Attorney's Office announced Wednesday that it will not pursue criminal charges in a November 2020 case involving a person placing swastika stickers at several locations in downtown Fairfax. Following an investigation, the District Attorney's Office determined there was not enough evidence.

"In order to file criminal charges, our office is ethically obligated to ensure that the conduct meets the elements of a criminal offense, and there was insufficient evidence of that," District Attorney Lori Frugoli said in a statement.

"We recognize the symbolism of a swastika accompanied by the message 'We are everywhere' evokes a range of emotions in our community ranging from anger, fear and every emotion in between. Such conduct harms not only our Jewish community, but our entire community."

On Nov. 24, a Fairfax resident videotaped another person placing the stickers and contacted the Fairfax Police Department. Officers contacted the individual, investigated the incident and forwarded a report to the District Attorney's Office, which also investigated the incident.

"In the past few months, we have seen hateful, harmful and intimidating behavior that also harms our community," Frugoli said.

"Such conduct does not represent Fairfax, or any other city where this conduct occurred. In this case, documentation of the acts did serve our community as it shed light on the conduct and let the individual know that such behavior does not represent our county. On a larger scale, this incident brings home the reality of the harmfulness such behavior engenders. It also provided law enforcement with the opportunity to fully investigate the incident and the individual."

According to the county, Frugoli and her staff are planning a forum with community leaders to help stop hate crimes and hateful behavior. The forum is slated to include a representative from the Anti-Defamation League, religious leaders, and Not in Our Town, a national nonprofit with a mission to stop hate, racism and build safe and inclusive communities.