Crime & Safety
San Anselmo Hate Crime Case “Not Closed”: DA
Marin's DA said her office is reviewing the case but is bound by ethical standards from revealing evidence in any case that is under review.
SAN ANSELMO, CA — The case against a San Anselmo hate crime suspect accused of threatening the town’s first Black mayor is “not closed,” Marin County’s top law enforcement official said in a statement earlier this week.
The suspect, identified by multiple outlets as Jerald Welty, was arrested on suspicion of threatening a crime with the intent to terrorize with a hate crime enhancement in connection with voicemails targeting Brian Colbert, according to the Central Marin Police Department.
Welty was released days after his arrest last month, KTVU reports.
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Marin County District Attorney Lori E. Frugoli said in a statement Tuesday that her office is reviewing the case but that she is bound by ethical standards from revealing evidence in any case that is under review.
She said her office would not bring charges unless prosecutors believe a case against the suspect could clear the reasonable doubt hurdle.
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Prosecutors have not yet received all the police reports in connection with this case, Frugoli said.
“When we are in receipt of all the investigative reports, we will review them in their entirety and make our decision based upon the totality of the evidence and reports in this case,” Frugoli said.
“For a criminal charge to be filed, the evidence must match the criteria for the crime at a legal standard of proof that is beyond a reasonable doubt. To be clear, we take these cases seriously.
“This case is not closed. A final determination has yet to be made by my office. We will continue to provide updates on the status of the case.”
Police said in a statement in connection with this case that voicemail messages left on the county’s first Black resident elected to any town council "threatened physical violence and were racial in nature.”
"The suspect was quickly identified, and he was taken into custody within a few hours after the initial report."
Investigators obtained a Gun Violence Restraining Order and confiscated several firearms after serving a search warrant at the suspect's home, police said.
Colbert said in an interview with The Marin Independent Journal “He used words that we associate with the Jim Crow South, not Northern California in the 21st century.”
San Anselmo mayor says he's concerned over his safety and that of his family after man accused of "violent, racist threats" is released from jail. https://t.co/mPtCOeSxta
— KTVU (@KTVU) May 17, 2021
Colbert told KTVU authorities had not alerted him of the suspect’s release.
"I was not given the courtesy of a heads up, unfortunately," Colbert said.
"My wife and I are certainly puzzled by that."
Frugoli’s statement included a denunciation of racism, which she acknowledged to be an issue the community needs to confront.
“I want to make something clear: there is no place for racism, hatred, or anti-Semitism in Marin County,” Frugoli said.
“It's incredibly painful and harmful for our community. We need to acknowledge its poisonous presence and, as a community, we need to work together to make it stop.”
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