FOR IMMEDIATE RELEASE	CONTACT: Lauren Horwood
April 29, 2011	PHONE: (916) 554-2706
www.usdoj.gov/usao/cae	usacae.edcapress@usdoj.gov
Docket #: 1:11-cr-0042- LJO

 

            SACRAMENTO, Calif. — Assistant Attorney General for Civil Rights Thomas E. Perez and United States Attorney for the Eastern District of California Benjamin B. Wagner announced that Brian Lewis, Abel Mark Gonzalez, and Andrew Kerber were sentenced today by United States District Judge Lawrence J. O’Neill for their roles in violating the civil rights of congregants of houses of worship in Modesto.

Lewis, 23, of Modesto; Gonzalez, 23, of Morgan Hill; and Kerber, 23, of Chico; pleaded guilty in January to defacing and damaging the Congregation Beth Shalom synagogue on February 2, 2006 by spray-painting anti-Semitic and neo-Nazi graffiti on its exterior walls. The men further admitted to spray-painting anti-Christian graffiti on the exterior walls of, and causing other damage to, Our Lady of Fatima Church and School and the Greek Orthodox Church of the Annunciation.

Lewis and Gonzalez each received sentences of nine months incarceration and 36 months supervised release on the felony charge of conspiracy to violate civil rights.  Lewis was also ordered to perform 200 hours of community service.  Kerber was sentenced to 36 months probation, with a condition that he serves six months home detention with electronic monitoring at his expense, on the misdemeanor charge of damaging religious property.   The defendants were also ordered to pay $3,700 in restitution

            “Today’s sentences demonstrate that those who employ hate and intimidation to jeopardize the First Amendment rights of their fellow Americans to worship freely will be held accountable for their criminal conduct,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.

            U.S. Attorney Wagner said: “Americans have the right to worship as they choose, free from intimidation and harassment. Today’s sentences make clear that we will enforce that right.”

            In announcing the sentence, Assistant Attorney General Perez and United States Attorney Wagner commended the Federal Bureau of Investigation and the Modesto Police Department for their work in this investigation and prosecution. Assistant United States Attorney David Gappa and Civil Rights Division Trial Attorney Karen Ruckert Lopez prosecuted this case for the government.

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