Local Man Charged With Hate Crime

SAN DIEGO -- A judge has reduced bail from $500,000 to $100,000 for an East County man accused in what prosecutors contend was a racially motivated beating of an undocumented Hispanic immigrant last week.

Justin Samuel Smith, 18, is charged with robbery, assault with a deadly weapon, battery and hate crime allegations in the Sept. 24 beating, which left the unidentified victim in a coma.

Smith faces up to 12 years in prison if convicted of the most serious charges, said Deputy District Attorney Wendy Patrick.

Authorities are still investigating whether to charge two 17-year-olds who may have been involved in the attack near the Live Oak Springs Resort, Patrick said.

Witnesses told authorities the three were overheard saying they want to beat a "beaner -- mess him up," and maybe take his money, just before the victim was found not too far away.

Defense attorney Cynthia Bolden said $40 and a wallet were missing from the victim when authorities found him.

Superior Court David Szumowski reduced Smith's bail when the prosecutor revealed that authorities weren't sure if he actually carried out the beating.

"(Smith) is involved in this as a co-conspirator or as an aider and abetter," Patrick argued to the judge.

The victim may have been moving through the area in a group of 15 to 30 people, the attorneys said.

Authorities hope the victim's condition improves so they can interview him about the attack, Patrick said.

Szumowski set a readiness conference for Oct. 21 and a preliminary hearing for Nov. 13.