OPD weighs in on history of hate crime in Oxford
BY RACHEL WADDICK
NOV. 19, 2007

In an incident that received national attention, three Miami University art students hung seven nooses and a tire swing were hung from a tree by the corner of Patterson and Western Drive on Miami University’s main campus as a class project. President David Hodge sent out an e-mail condemning the Oct. 30 display, calling it distasteful in light of the Jena 6 incident in Louisiana.

“But if you notice, these students weren’t charged with anything,” said Det. Sgt. John Buchholz of the Oxford Police Department. “That’s because according to Ohio law, they’re completely innocent.”

This raises the question of whether the art display created by the three students actually falls under the category of Ohio’s Revised Law of “ethnic intimidation.” While the OPD did not have jurisdiction in the case – the Miami Police Department handled it – Buchholz recognizes the confusion that surrounds the concept of a hate crime.

“What exactly is a hate crime? I think that’s where a lot of people become very confused,” he said.

Section 2927.12 of Ohio Revised Law spells out strict guidelines for what can be considered “ethnic intimidation.” Defined as crimes committed against an individual because of their race, religion, sexual orientation, or background, these guidelines include: aggravated menacing, in which the offender leads the victim to believe he or she is subject to serious physical harm; menacing, where the victim believes he or she is in some sort of physical danger; criminal damaging, which includes destruction of a victim’s property; and telecommunications harassment, where the victim is harassed profusely via phone calls.

The actions of the Miami students cannot be placed among any of the categories that can be lawfully prosecuted under “ethnic intimidation.”

“The fact is that while what these students did can be considered distasteful and without tact, it did not break or violate any ethnic intimidation law,” said Buchholz.

While the art display has captured the attention of both local and regional news media including the Cincinnati Enquirer and WCOP-TV in Cincinnati, it has also been mentioned on national news stations such as CNN and MSNBC.

Buchholz said race has been a factor in only a few past incidents.

About 20 years ago, the Ku Klux Klan wanted to march through Oxford up Main Street and down High Street.

“Many people in Oxford wanted to prevent it, but legally they couldn’t. There were about 20 marchers and about 4,000 – 5,000 protestors,” Buchholz said. “The protestors started to throw rocks, and we ended up arresting a couple of them. Well, the group of protestors didn’t like that. They stormed the police station, ripped off our front doors, and demanded we return those we had arrested. We did.”

The KKK could also be blamed for the more recent upheaval Hamilton, Ohio, after a Hispanic man was accused of raping a 9-year-old girl in 2005. Located less than 15 miles southeast of Oxford, the city was quickly divided along racial line as the KKK took charge, passing out anti-Hispanic pamphlets and encouraging violence against Hamilton’s 10 percent Mexican population.

At Miami University, the demographics speak for themselves. According to the Princeton Review Online, 86% of the student body is Caucasian, while minorities such as Asians, African Americans, and Hispanics total only 8%.

One might expect that in such a homogenous community such as Oxford, with racist influence from nearby Hamilton and a regionally active chapter of the KKK and the recent appearance of the controversial art display, that hate crimes would be more common.

That simply isn’t the case.

In Buchholz’s 32 years as a member of the OPD, he has had to deal with only one racially-based crime.

“This was about 10 years ago. A couple of white guys beat up a black guy using clubs while calling him the N-word,” said Buchholz. “Later, they claimed that it wasn’t even racially-based. They said they were just looking for a fight, someone to beat up. They were later charged with felonious assault and sentenced to four or five years in prison.”

One reason for the absence of hate crimes in Oxford could be attributed to the fact that it is hard to charge an offender with one.

“Ohio law is very strict. Basically, you have to prove someone’ intent. If someone intended to harm or harass someone based on the victim’s race or religion or background, then that can be considered ethnic intimidation. But it’s hard to prove someone’s intent. Without proving it, chances are there won’t be any hate crime involved in the charges,” said Buchholz.

Sgt. Jim Squance, who has been a member of the OPD for 29 years, agrees that there is an obvious lack of racially-charged crimes, but attributes this positive fact mostly to Miami.

“I don’t think the Miami community tolerates that type of conduct. I think university attracts high caliber of faculty and staff and students. Quite frankly, I don’t think the people who come here are those who are raised to be intolerant against other people,” Squance said. “The maturity and intelligence of students are impressive, and I give them full credit. They deserve it.”