You are here: News - Local

Published: Tuesday, Sep. 13, 2011

Suspects in Arroyo Grande cross burning will be tried on arson, hate crime charges

Judge determines in preliminary hearing that there is enough evidence to try four

tool name

close
tool goes here
| nwilson@thetribunenews.com

Four people accused of a hate crime will face trial in the March burning of a cross near the Arroyo Grande home of a black teen.

Judge Jacquelyn Duffy issued her ruling Monday morning in San Luis Obispo Superior Court in the case against Jason Kahn, Sara Matheny, Jeremiah “Smurf” Hernandez, and William

Soto after a daylong preliminary hearing Friday.

Each has pleaded not guilty to arson, hate crime allegations and conspiracy to commit a crime.

These hearings are to determine whether there is enough evidence to merit continuing a case toward trial.

Duffy cited testimony that included the size of the wooden cross burned (11 feet tall and 6 to 7 feet wide) and how close it was to the teen’s window (about 25 feet).

The judge also cited Kahn’s two swastika tattoos, the teen’s statements that she thought she’d previously seen Kahn at the beach and had met Soto once before through friends, and the connection that cross burnings have with racist intimidation.

The defendants are scheduled to return to Duffy’s courtroom Sept. 28 for an arraignment.

The incident took place March 18 on a property adjacent to the young black woman’s home. The teen was watching television with a friend when she noticed a glowing light outside her window and saw a burning cross in the neighbor’s yard, she told police.

Defense attorneys argued Friday that no evidence was presented to show that the four defendants knew that a black person lived where Kahn’s father, Rick Kahn, was shot and killed in a dispute with police 17 years ago.

Police went to the home April 13, 1994, to question Rick Kahn about a murder, and he charged at them with a hunting knife before he was shot.

Jason Kahn’s attorney, Trace Milan, has told The Tribune that his client previously memorialized his father at the same residence, and the cross-burning incident came a day before what would have been his father’s birthday.

Gael Mueller, the attorney representing Soto, said outside court that she’ll consider moving to dismiss the case.

Mueller argued at Friday’s hearing that confidential informants who helped police gather evidence had a motive to lie because they were in custody and could have thought their sentences would be reduced or dismissed if they helped police.

But in her ruling, Duffy cited some of the evidence that came from an informant, including an assertion by a woman that Kahn made his Aryan brotherhood allegiances clear to those he associated with and intimated her by threatening harm if she testified.

About comments

Reader comments on SanLuisObispo.com are the opinions of the writer, not The Tribune. If you see an objectionable comment, click the "report abuse" button below it. We will delete comments containing inappropriate links, obscenities, hate speech, and personal attacks. Flagrant or repeat violators will be banned. See more about comments here.

What you should know about comments on SanLuisObispo.com

SanLuisObispo.com is happy to provide a forum for reader interaction, discussion, feedback and reaction to our stories. However, we reserve the right to delete inappropriate comments or ban users who can't play nice. See our full terms of service here.

Here are some rules of the road:

  • Keep your comments civil. Don't insult one another or the subjects of our articles. If you think a comment violates our guidelines click the "report abuse" button. Responding to the comment will only encourage bad behavior.
  • Don't use profanities, vulgarities or hate speech. This is a general interest news site. Sometimes, there are children present. Don't say anything in a way you wouldn't want your own child to hear.
  • Do not attack other users; focus your comments on issues, not individuals.
  • Stay on topic. Only post comments relevant to the article at hand. If you want to discuss an issue with a specific user, click on his profile name and leave him a public message.
  • Do not copy and paste outside material into the comment box.
  • Don't repeat the same comment over and over. We heard you the first time.
  • Do not use the commenting system for advertising. That's spam and it isn't allowed.
  • Don't use all capital letters. That's akin to yelling and not appreciated by the audience.

You should also know that The Tribune does not screen comments before they are posted. You are more likely to see inappropriate comments before our staff does, so we ask that you click the "report abuse" button to submit those comments for moderator review. You also may notify us via email at webmaster@thetribunenews.com. Note the headline on which the comment is made and tell us the profile name of the user who made the comment. Remember, comment moderation is subjective. You may find some material objectionable that we won't and vice versa.

If you submit a comment, the username of your account will appear along with it. Users cannot remove their own comments once they have submitted them, but you may ask our staff to retract one of your comments by sending an email to webmaster@thetribunenews.com. Again, make sure you note the headline on which the comment is made and tell us your profile name.

Our news, your way

Get breaking news on your cell phone

Sign up for breaking news alerts from SanLuisObispo.com and get the latest news sent to your cell phone via text message.

Type in your cell phone number

( ) -

I accept the terms and conditions (click to view)

Keep your phone handy!

Upon hitting the Sign up! button, you will receive a message with a four-digit code at the end. Enter this number on the next screen and press the Confirm button.

Terms and Conditions:

By signing up for alerts from this site, you are signing up for a program that may include up to 5 SMS text alert(s) per alert category per day. There is no service fee charged per month but your carrier's standard text messaging and other charges may apply. You may stop this subscription service at any time by sending the text message "STOP" to 72737. You must be at least thirteen (13) years of age to use our alert services. If you are between 13 and 17 years old, you agree that you have received parental permission both to complete the registration process and to receive SMS content on your cell phone. For help, send the text message "HELP" to 72737. This service will work with ATT, Verizon, Sprint, Nextel, Alltell, US Cellular, Cincinnati Bell, Boost, Virgin Mobile USA, Celluar South, Telos, Centennial, East Kentucky Network, Cellcom, Immix and Rural Celluar.

Quick Job Search
Top Jobs