An elderly Asian American man who fell victim to a brutal attack in broad daylight in San Francisco two years ago is launching a federal lawsuit against the city's District Attorney's Office.
A father and son struck Anh with a baseball bat after threatening to kill him. He ran away so fast that he was able to call for help.
He asked his son to be careful since it was a crowded sidewalk and he nearly collided with him.
The teenager took out a baseball bat from his mother's bag and hit his friend multiple times. His father, identified as Jimmy Tanner Jr., raised a glass bottle and made a threat to kill.
The incident occurred in front of a Chinese grocery store and was witnessed by a shocked crowd.
I pleaded with the Tanners to stop, but they were still happy with their ability to cause pain.
The victim impact statement provided to NextShark said that the attack was the most brutal, terrifying, and humiliating experience of their life.
After the incident, Lê, who is Vietnamese American, learned that other Asian Americans had been targeted by the same people. In Chinatown, the alleged attacks took place.
The Chinese Herbal Store and S&M Ginseng Inc. were just a few blocks from the scene of the attack, and the Tanners were threatening the store's owner and customers. The customer was hit with the same object as the teen who struck LxEA.
The third terrorist attack was committed by the family near Broadway and Stockton Street. The incident happened after the attack on himself.
The Tanners were arrested later on the same day after LxEA reported his experience to San Francisco police. The father was arrested for battery, elder abuse and terroristic threats.
The San Francisco District Attorney's Office refused to prosecute either the father or son with hate crime enhancements, but they did agree to a plea deal with the father, who pled guilty to a battery charge.
The District Attorney's Office failed to give him a chance to enter a victim impact statement during the proceedings. The statement was not read at the plea deal hearing.
The office refused to correct the Criminal Protective Order that had omitted the last name of the man. Errors led to doubts about the enforceability of the order.
He spent months trying to correct the CPO, but his requests have fallen on deaf ears. Even after retaining pro bono counsel, the District Attorney's Office continued to ignore him, at one point telling him that he had no right to be at hearings.
A member of the Alliance for Asian American Justice is now suing the District Attorney's Office under the Fourteenth Amendment. He is accusing the office of applying procedures that resulted in discrimination against Asian Americans and creating practices that denied victims adequate due process protections.
The City and County of San Francisco may be liable for any constitutional violations found to have been committed by its officials. He is concerned about facing another attack and similar failures in the justice system because of the rise in anti-Asian hate crimes.
The 69-year-old said the incident has left him with post-traumatic stress disorder. According to court documents, he spent 52 weeks in a mental health facility.
I can't help but picture the attack over and over again. I used to love to walk the streets of our city, but now I don't feel safe. I wonder if there are people who want to hurt me because I am Asian American.
Although I was fortunate to not be seriously injured or killed, the attack has left me with a profound and lasting feeling of fear, anxiety, and hopelessness.
Quyen Ta, a member of the legal team at King & Spalding, said they are proud to represent the 69-year-old victim.
The Alliance for Asian American Justice brought this case to our attention. Ta said that they are proud to represent Mr. LxEA;, a Vietnamese American hate crime victim who is willing to speak out to ensure that other AAPI hate crimes victims will be treated fairly by the San Francisco district attorney's office.
We look forward to working with the district attorney's office to ensure that victims like Mr. Le have a voice in the criminal justice system.
The Alliance for Asian American Justice has a featured image.
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