Posted: June 17, 2003
On June 6, 2003, James Grlicky was convicted in San Diego Superior Court of attempted murder and related hate crime charges for his role in the brutal beating of a migrant worker last fall in Boulevard, California.
According to Deputy District Attorney Wendy Patrick, Grlicky, 18, and co-defendant Waylon Kennell, also 18, were looking for a "beaner" to attack on September 24, 2002, when they found Jose Luis Cisneros hiding under a wagon near the Live Oak Springs Resort, an area known to be frequented by illegal immigrants.
The teens, who were both on probation for burglary when the attack occurred, repeatedly kicked 42-year-old Cisneros, who suffered major head injuries, including a fractured skull, a shattered nose bone and a brain laceration.
In addition to attempted murder, Grlicky was convicted of conspiracy, robbery, and assault and battery. He faces up to 14 years in prison.
Kennell, however, who prosecutors believe played the larger role, was acquitted of the most serious charges, and found guilty only of assault and battery. Although there was one trial, the verdicts differed because the two defendants had separate juries; some of the evidence heard by one jury was not used against the other defendant.
Prosecutors said the attack was racially motivated. Richard Henry, an investigator with the District Attorney's Office, testified that according to one of Kennell's friends, the teens were fascinated by "American History X," a film depicting the life of white supremacists. A search of Kennell's home by investigators uncovered drawings of racist symbols, a bag with "White Pride" written on it and a world map that had "nigger land" written next to Africa.
An ADL expert testified at the trial about the racist symbols, as well as other white supremacist signifiers, and on "curbing," the tactic of assaulting someone while pinning their head against a street curb.
A third defendant, Justin Samuel Smith, pleaded guilty to assault with intent to cause great bodily injury on June 13. Sentencing for Grlicky, Kennell and Smith is scheduled for July 8.