In alleged Boise hate crime, Jewish man felt ‘fear and anger.’ One defendant has case tossed

An Idaho judge has dismissed the charges against one of two pro-Palestine protesters accused of malicious harassment after a confrontation with a Jewish man in downtown Boise on July 4.

The two women had been charged under what is Idaho’s hate crime law, and prosecutors later filed an amended complaint. However, court minutes showed that a judge determined at a preliminary hearing there was no probable cause in the case against one of the defendants. The charge against the other woman, who is accused of hitting the man with a cellphone, will move forward.

“Our statute doesn’t criminalize the pure speech. ... The speech must also be accompanied by an act,” Jodi Nafzger, an education lawyer at The College of Idaho who has taught both criminal law and criminal procedure, previously told the Idaho Statesman. “... Difficult decisions have to be made in the field by the officers making the arrests.”

The situation raised questions about what the limits of free speech are under Idaho law. Violence and war in the Mideast are a highly contentious and emotional issue, and the effects have been seen on college campuses and even in the presidential race. A pro-Palestine protest has had a presence in downtown Boise since early May.

The preliminary hearing revealed more details about the altercation.

The man, who was dining on an 8th Street restaurant patio, told the court that he was wearing a kippah and tzitzit, two traditional pieces of Jewish clothing. A kippah is a well-known head covering worn by men, while tzitzit are knotted ritual fringes, or tassels. The two women were chanting “Free Palestine,” “You’re killing babies,” “America will fall” and “Israel will fall,” the man said.

The women also said “From the river to the sea, Palestine will be free,” according to the Jewish man, a chant that some believe calls for the destruction of Israel.

The man said he made eye contact with them and stood up. As the women approached, he said, he told them to leave and the group argued. The two women left but returned quickly, he said in court.

“But then they came back. And why did they come back? There was a Jew, visibly, a Jew, who was telling them that I didn’t appreciate them and they should leave,” the man said. “So why did they come back? They came back for me and my wife.”

The man said he feared the two women were bringing reinforcements, so he got up from the restaurant patio and went to the sidewalk.

“I was feeling fear and anger,” he told the court. “I was feeling that because I’ve seen what happened to other individuals this year and last year.”

In October, Hamas made a surprise attack on Israel, killing around 1,200, and the Israelis have responded with massive military force, killing roughly 39,000 people, according to a report from Reuters citing Gaza’s health ministry. The ongoing conflict has spawned contentious and emotional protests and counterprotests across the U.S., where there have been clashes and accusations of antisemitism.

Boise has been mostly free of bigger problems, but there have been arrests, lawsuits and accusations from protesters as well as the state of Idaho.

In the July 4 incident, the man said he moved toward the women once they returned, telling them again to leave. The woman whose charge remains allegedly hit him in the nose with her phone, and he told the court that he has a permanent knot from the altercation. The group continued arguing until Boise police arrived.

During questioning, the women’s attorney, Mike French, and the victim went back and forth over whether he told police that the phone strike was intentional and whether or not he had swiped at the woman’s phone.

Prosecutors filed an amended complaint, adding an accusation of violating section A of the malicious harassment code, which prohibits targeting someone based on their race, color, religion or ancestry by injuring them. The woman whose charges remain was already accused of threatening injury.

Her arraignment is scheduled for Monday.

This story was originally published August 9, 2024 at 4:00 AM.