For release on February 22, 2016
Carolyn Malinsky, Deputy District Attorney
Central Felonies Unit
(408) 808-3774   FORMER SJSU STUDENTS CONVICTED OF BATTERY   Three former San Jose State University students accused of racially harassing their black roommate and clamping a bike lock around his neck were convicted by a jury today of battery. One of the students, Joseph Bomgardner, was found not guilty of a misdemeanor hate crime.   The jury split on whether the other two students, Logan Beaschler and Colin Warren, were guilty of  hate crimes. The Hon. Thang Nguyen Barrett declared a mistrial on those counts. The District Attorney’s Office is evaluating whether to seek a new trial on these counts.   Beaschler, 20, of Bakersfield, Bomgardner, 21, of Clovis, and Warren, 20, of Woodacre, each face a maximum of six months in county jail when sentenced on the misdemeanors by Judge Barrett on March 14.   Said District Attorney Jeff Rosen: “The act of clamping a bike lock around someone’s neck is a violent act. We thank the jury for that acknowledgement, and for holding these Defendants accountable for it. As a community let’s acknowledge that this violence did not occur in a historical or societal vacuum. Prejudice is not a prank. Today’s decision was partially disappointing, but not dispiriting. Our resolve to fight hate crimes remains unwavering."   The harassment against the then-17-year-old student began in August of 2013 and lasted through October, inside their on-campus suite. Beaschler and Warren posted a confederate flag on the wall. The same Defendants also nicknamed the victim “Three-Fifths” - apparently referring to a formula that counted slaves as “three-fifths of all other persons.” When the roommate objected, they started calling him “Fraction.”   “They were wrong.” Rosen added. “This student has my complete admiration and respect. Let’s confront racial discrimination with the same dignity and determination of this young man to make it even more unwelcome in Santa Clara County.”   # # #

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