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San Diego County man charged with a hate crime after homophobic attack

“Anyone considering committing a hate crime should think again as they will be investigated, prosecuted and held accountable under the law”

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CHULA VISTA – A dispute between neighbors that escalated to physical assault which included homophobic slurs has landed a South Bay man in court charged with a hate crime.

Robert Frank Wilson, 40, is accused of directing slurs at his neighbor in a Nov. 10 altercation in the victim’s driveway. According to the San Diego County District Attorney’s Office, Wilson blocked the neighbor’s driveway, yelled homophobic slurs, then reached into the victim’s vehicle and struck him in the face, KFMB-TV, CBS 8 reported.

Wilson, who is currently out of jail on bond, appeared Monday in-person in a Chula Vista courtroom and pleaded not guilty to a felony count of battery, plus a hate crime allegation.

“This case and these events demonstrate that those who are motivated by prejudice often spread their hate around to various groups, attacking our neighbors on the basis of race, religion, sexual orientation or other grounds,” San Diego County District Attorney Summer Stephan said.

“Hate against one group is a threat to everyone and we won’t tolerate these crimes in our community. Anyone considering committing a hate crime should think again as they will be investigated, prosecuted and held accountable under the law.”

In an non-related case, Wilson and several others were charged by the San Diego County District Attorney for hanging “a large anti-Semitic poster on the fence of an Interstate 805 overpass” on Dec. 18, in violation of the San Diego City Municipal Code.

In a statement released Monday, the DA’s office noted that although hate speech in and of itself may not always rise to the level of criminal activity, [it] “is relevant as it could escalate to criminal behavior. Hate crimes are often preceded by hate speech.”

The DA’s full statement on the incident: 

San Diego County District Attorney Summer Stephan announced criminal charges today against a man who attacked his neighbor on November 10 while yelling anti-gay slurs. Robert Frank Wilson, 40, is charged with one count of felony battery and a hate crime allegation. He was arraigned today in San Diego Superior Court in the South Bay and pleaded not guilty. Prosecutors say Wilson blocked his neighbor’s driveway, got out of his vehicle and started yelling homophobic slurs at the victim. At one point, Wilson reached into the window of the victim’s vehicle and struck him in the face.

About five weeks after the incident, on December 18, Wilson was cited by the San Diego Police Department for working with a group of people to hang a large anti-Semitic poster on the fence of an Interstate 805 overpass in violation of the San Diego City Municipal Code. The DA is including the code violation as part of the charges it filed against Wilson. If convicted, he faces up to three years, six months in prison.

“This case and these events demonstrate that those who are motivated by prejudice often spread their hate around to various groups, attacking our neighbors on the basis of race, religion, sexual orientation or other grounds,” DA Summer Stephan said. “Hate against one group is a threat to everyone and we won’t tolerate these crimes in our community. Anyone considering committing a hate crime should think again as they will be investigated, prosecuted and held accountable under the law.”

Prosecuting hate crimes is a priority for the San Diego County District Attorney’s Office. The DA has nearly tripled the number of hate crime cases it has prosecuted in recent years, filing 21 cases in 2020 and 30 such cases in 2021.

Last year, in response to reports of hate-related incidents aimed at the Asian community across the nation in the wake of the COVID-19 pandemic, the District Attorney’s Office announced a new online form and hotline where the public can report suspected hate incidents and hate crimes they’ve been a victim or witness to in San Diego County. The online reporting form can be found on the District Attorney’s website here. The Hate Crimes Hotline number is 619-515-8805.

Individuals submitting information about a suspected hate crime will be contacted with information about the DA’s review of the report and any action that may be taken. The public is reminded that hate speech in and of itself often does not rise to the level of a hate crime but is relevant as it could escalate to criminal behavior Hate crimes are often preceded by hate speech. By law, a hate crime is a criminal act committed against another person that is motivated by prejudice against that person’s race, ethnicity, religion, sexual orientation, gender identity or disability.

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Trans woman ‘viciously attacked’ in men’s jail cell lawsuit says

“Hopefully the sheriff’s department takes this incident serious and makes the changes necessary to ensure people in their care are kept safe”

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The San Diego Sheriff’s Department Logo (Photo by Tristan Loper)

SAN DIEGO — Kristina Frost, a trans woman, was “viciously attacked” after being placed in a men’s holding cell by the San Diego Sheriff’s Department, according to court documents. 

Frost was a book-and-release detainee at the San Diego Central Jail in November of 2020. After informing the jail staff that she is a trans woman, she was placed in a holding cell alone. Frost’s DMV records and driver’s license state her gender is female, according to a civil complaint filed in the U.S. District Court for the Southern District of California. 

But she was later moved to a “minimally monitored” cell with three men “without any reasonable justification,” according to the lawsuit.

“No reasonable deputy would have put Ms. Frost in a minimally monitored cell with three men,” her lawyers wrote. “She was forced into the cell anyway.”

Frost eventually fell asleep in the cell but awoke to one of the men striking her head with closed fist punches, resulting in a broken jaw that has required two surgeries. 

The lawsuit alleges that deputies observed the assault but didn’t immediately intervene. Frost said one or more deputies paused before they entered the cell and removed the assailant.

Frost then had to wait upwards of 12 hours without medical care before she was released, according to the complaint. 

San Diego Sheriff’s Department Deputy Mason Cassidy, who is named as one of the defendants in the case, is believed to be the one who placed Frost in the men’s cell. The lawsuit states that Cassidy “was deliberately indifferent to Ms. Frost’s safety risks and needs as a pretrial detainee.”

The County of San Diego, San Diego County Sheriff William Gore and other unknown San Diego Sheriff’s Department personnel are also named as defendants in the case. 

The San Diego County Sheriff’s Department told the Los Angeles Blade that they “are committed to an inclusive environment within our agency and the communities we serve.”

“The incident occurred in November 2020 in a temporary holding cell during the Intake process, not a housing unit,” the department said. “It was in the Intake area of the facility, where people are waiting to complete the booking process or pending release. Miss Kristina Frost was temporarily placed in a holding cell with other individuals who were also identified as being in protective custody status. The person who allegedly assaulted Miss Frost stated he was assaulted by Miss Frost first and stated he acted in self-defense. Additionally, Miss Frost declined to press charges.”

The Blade attempted to reach the County of San Diego for comment but did not receive a response by the time of publishing this article. 

The complaint also alleges that the incident involving Frost was “foreseeable” as department personnel have shown a pattern of failing to keep people in custody safe. 

“The mortality rate in San Diego County jails is the highest among California’s largest counties,” Frost’s attorneys wrote. “At least 140 people died in County custody from 2009 to 2019.”

Frost’s lawyers did not respond to a request for comment, but one of Frost’s lawyers, Brody McBride, told ABC 10 News San Diego that he hopes some good comes out of the case. 

“Hopefully the sheriff’s department takes this incident serious and makes the changes necessary to ensure people in their care are kept safe and treated with dignity,” McBride said. 

According to a 2020 NBC News report, trans people are often housed according to their sex assigned at birth, not their gender identity. Out of 4,890 trans prisoners across the U.S., NBC News could only confirm 15 cases in which a trans prisoner was housed according to their lived gender.

California Gov. Gavin Newsom (D) signed a law this past September requiring prisons in the state to house trans people according to their gender identity.

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San Diego

US Navy Fleet Oiler & supply ship, USNS Harvey Milk launches

“For far too long, sailors like Lt. Milk were forced into the shadows or, worse yet, forced out of our beloved Navy”

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USNS Harvey Milk christening & launch ceremony, photograph courtesy of General Dynamics-National Steel and Shipbuilding Company

SAN DIEGO – The United States Navy christened and launched its latest John Lewis class of fleet replenishment oilers Saturday as the U.S. Naval Ship Harvey Milk slid down the ways at the General Dynamics-National Steel and Shipbuilding Company, NASSCO, shipyards into the waters of San Diego Bay.

The ship is named after slain openly gay LGBTQ+ rights activist and former San Francisco Supervisor Harvey Milk, who along with LGBTQ+ ally Mayor George Moscone was assassinated by disgruntled former Supervisor Dan White, in their offices in San Francisco City Hall on November 27, 1978.

The time-honored christening ceremony with a bottle of champagne broken over the bow was executed by Paula Neira, the Clinical Program Director for John Hopkins Center for Transgender Health. Also in attendance at the ceremony was Stuart Milk, the late San Francisco Supervisor Harvey Milk’s nephew, Secretary of the Navy Carlos Del Toro and California State Senate President pro Tem, Senator Toni Atkins, whose Senate district includes the area of San Diego where the U.S. Navy’s sprawling naval base is located as well as the NASSCO shipyards.

Dignitaries also included Out San Diego city and county commissioner Nicole Murray Ramirez, San Diego’s openly gay Mayor Todd Gloria, Supervisor Milk’s campaign manager and advisor Anne Kronenberg and Chair of the San Diego County Board of Supervisors Nathan Fletcher.

Addressing the audience of attendees, Secretary Del Toro told them; “The secretary of the Navy needed to be here today, not just to amend the wrongs of the past, but to give inspiration to all of our LGBTQ community leaders who served in the Navy, in uniform today and in the civilian workforce as well too, and to tell them that we’re committed to them in the future.”

The Secretary then directly spoke to Milk’s sexual orientation and his being forced from naval service.

“For far too long, sailors like Lt. Milk were forced into the shadows or, worse yet, forced out of our beloved Navy,” he said. “That injustice is part of our Navy history, but so is the perseverance of all who continue to serve in the face of injustice.”

In 2016, then-Secretary of the Navy Ray Mabus decided that six new fleet oilers scheduled to be built would be named after civil and human rights leaders.

Del Toro told Mabus, who attended the christening, that it was a courageous decision.

The Milk is a fleet oiler and will be assigned the tasks of replenishing fuel oil and dry goods to U. S. naval vessels at sea. The Milk is the second ship in the new John Lewis class of fleet oilers. The future USNS John Lewis (T-AO-205) , is named for the former civil rights leader and Georgia Congressman, and is also under construction at NASSCO San Diego.

The first six vessels in the Lewis class of fleet oilers are named after prominent civil rights activists and leaders, in addition to the USNS John Lewis (T-AO-205) are; USNS Harvey Milk (T-AO-206) – LGBT activist Harvey Milk; USNS Earl Warren (T-AO-207) – Chief Justice of the United States Earl Warren; USNS Robert F. Kennedy (T-AO-208) – U.S. Attorney General Robert F. Kennedy; USNS Lucy Stone (T-AO-209) – Women’s rights activist Lucy Stone; USNS Sojourner Truth (T-AO-210) – Abolitionist and women’s rights activist Sojourner Truth.

Also addressing those in attendance, Stuart Milk, the co-founder and president of the Harvey Milk Foundation referring to his uncle’s naval service said;

“He has a less-than-honorable discharge. He was forced to resign because he was gay,” Stuart Milk said, adding that “we have to teach our history to prevent ourselves from going backwards and repeating it.”

Milk told the audience that although there is a process for reversing such discharges, he said it was important to not do that for his late uncle in order “to keep the memory of how we did not honor everyone in this very honorable service.”

Milk enlisted in the Navy in 1951 and attended the U.S. Navy Officer Candidate School in Newport, Rhode Island. By 1954 he was a lieutenant (junior grade) stationed at Naval Air Station Point Mugu, which during Milk’s tenure of service was the Naval Air Missile Test Center near Oxnard, California. He was serving as a diving instructor.

As the Bay Area Reporter wrote in an article in February 2020, Milk was given an “other than honorable” discharge from the U.S. Navy and forced to resign on February 7, 1955 rather than face a court-martial because of his homosexuality, according to a trove of naval records obtained by the paper. It contradicted an archival document housed in the San Francisco Public Library’s San Francisco History Center that authors of several recent biographies of Milk had used to claim that Milk was honorably discharged from the Navy.

The christening and launch ceremony for the future USNS Harvey Milk (T-AO 206):

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Dignitaries tour the 60% completed USNS Harvey Milk

This past week on the eve of what would have been Milk’s 91st birthday Milk’s nephew elected officials and other dignitaries toured the ship

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Military Sealift Command fleet oiler USNS Harvey Milk (U.S. Navy Photo Illustration)

SAN DIEGO – The construction work on the future U.S. Navy fleet oiler named for slain gay San Francisco Supervisor Harvey Milk is nearly sixty-percent completed according to a spokesperson for the National Steel and Shipbuilding Company division of General Dynamics Corporation commonly referred to as NASSCO.

This past week on the eve of what would have been Milk’s 91st birthday on Saturday, Milk’s nephew Stuart Milk, elected officials and other dignitaries were given two separate tours of the vessel.

The Milk is a fleet oiler and will be assigned the tasks of replenishing fuel oil and dry goods to U. S. naval vessels at sea. The Milk is the second ship in the new John Lewis class of fleet oilers. The future USNS John Lewis (T-AO-205) , is named for the former civil rights leader and Georgia Congressman, and is also under construction at NASSCO San Diego.

The first six vessels in the Lewis class of fleet oilers are named after prominent civil rights activists and leaders, in addition to the USNS John Lewis (T-AO-205) are; USNS Harvey Milk (T-AO-206) – LGBT activist Harvey Milk; USNS Earl Warren (T-AO-207) – Chief Justice of the United States Earl Warren; USNS Robert F. Kennedy (T-AO-208) – U.S. Attorney General Robert F. Kennedy; USNS Lucy Stone (T-AO-209) – Women’s rights activist Lucy Stone; USNS Sojourner Truth (T-AO-210) – Abolitionist and women’s rights activist Sojourner Truth.

San Diego City & County Commissioner Nicole Murray Ramirez arranged the private tours led by Dennis DuBard, Manager of Government Relations at General Dynamic NASSCO on behalf of the shipbuilders.

Photos by Anthony Paolino, General Dynamics NASSCO

Among the dignitaries were Stuart Milk- Co-Founder of the Harvey Milk Foundation, San Diego’s openly gay Mayor Todd Gloria; State Senate President Toni G. Atkins; City Councilmember Stephen Whitburn; State Assemblymember Christopher Ward; Congressmember Sara Jacobs; State Commissioner Robert Gleason; The Center’s Cara Dessert; and Navy veteran, Chief Petty Officer Morgan M. Hurley, USN Ret. former chair of the LGBTQ Veterans Wall of Honor.

L to R-  masked men, NASSCO personnel, including Dennis DuBard- Manager of Government Relations at NASSCO, 
BACK ROW- Morgan Hurley, Ryan Bedrosian- Hillcrest Business Association, 
MIDDLE ROW- Mike Phillips-San Diego Historic Task Force, City/County Commissioner Nicole Murray-Ramirez, Eddy Rey- Executive Director Equality Business Alliance, Stuart Milk- Co-Founder of the Harvey Milk Foundation 
FRONT ROW- Bevan Dufty- Former San Francisco County Board of Supervisors, Charles Rozanski- International Imperial Court Council 

Also given a tour were Bevan Dufty, former San Francisco Board of Supervisor- District 8, member of the Bay Area Rapid Transit Board of Directors and Executive Director of H.O.P.E. for the City & County of San Francisco; Ryan Bedrosian, business man, owner of Rich’s San Diego and secretary of the Hillcrest Business Association; Charles Rozanski, businessman, president and CEO of Mile High Comics, and member of the International Imperial Court Council; Michael “Bigmike SanDiego” Phillips, philanthropist, and chair of the newly minted San Diego LGBTQ historic Task Force; Eddie Rey, Executive Director of the Equality Business Alliance.

Photos by Anthony Paolino, General Dynamics NASSCO

Eddie Rey, Executive Director of the Equality Business Alliance noted; “The naming of the USNS Harvey Milk is historic for multiple reasons- including that it’s the first military ship named after a service member who was harassed, court martialed and then dishonorably discharged- simply for being gay; but most importantly to me — because it tells the world that our nation now honors and supports LGBTQ individuals. It is my hope that someday the military will reverse and rectify the wrongful “Other Than Honorable Discharge” given to thousands of our LGBTQ brothers, sisters, and siblings. As for Harvey Milk- the message of his less than honorable discharge and naming of a ship is a powerful message- that the family wishes to keep as is.”

Milk was given an ‘other than honorable‘ discharge from the US Navy on February 7, 1955 after being forced by U.S. Navy investigators to describe his sexual relationships in a 152 page document. Some twenty-two years later he was the first openly gay person elected to a seat on the San Francisco Board of Supervisors in 1977. Milk would go on to only serve 11 months in office, until he and then San Francisco Mayor George Moscone, were murdered in their office spaces at City Hall on the morning of November 27, 1978 by disgruntled former supervisor Dan White.

Every year on his birthday, the foundation that bears his name celebrates Harvey Milk Day to remember and teach about his life and his activism work to stop the discrimination against LGBTQ+ people and in California, Harvey Milk Day is recognized by the state’s government as a day of special significance for the Golden State’s public schools. 

The day was permanently established by the California legislature and signed into law by then Republican Governor Arnold Schwarzenegger in 2009.

A NASSCO spokesperson said that the Milk is on schedule for a November ‘ship’s christening’ with commissioning to follow at an unspecified date.

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