Niagara County, N.Y. (WBEN) - Niagara County Sheriff Michael Filicetti announced Friday the arrest of 60-year-old Howard J. Murphy for Criminal Mischief in the 2nd Degree - Hate Crime.
Police responded to a call of damaged property placed on May 16th at 7 a.m. on 4613 John Street in the Town of Niagara where a racial statement was painted on the fence behind the residence that read, "Kill All (racial expletive)." The neighbors of Murphy were black and lived next to him for about 30 years, according to the Niagara County Sheriff's office.
The Niagara County Sheriff's Office Criminal Investigation Bureau responded to the scene to open an investigation and was assisted by the Town of Niagara Police, New York State Police and the Federal Bureau of Investigation.
"The tragic incident that happened last Saturday, within two days of that, this incident took place," said Sheriff Filicetti, "There's simply there's no place for hate in this community, in the Buffalo community, anywhere. We're going to take these complaints seriously and we're going to bring them to closure with an arrest and we're gonna hold these people accountable that want to do this."
"Unfortunately, when the defendant is brought before the CAP court later today, because of New York State's bail reform laws, the judge will not have the ability to hold the defendant on bail. The judge will be required to release the defendant either on his own recognizance or with non monetary conditions," said Niagara County District Attorney Brian Seaman.
Criminal Mischief in the 2nd Degree - Hate Crime is a maximum sentence of 15 years. Due to the hate crime designation of the charge, this felony was raised from Class D to a Class C felony.
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