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Young Cross Burner Lands Mixed Verdict

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<i> From Times Wire Services</i>

A jury convicted a Huntington Beach man Friday of burning a cross on a Jewish family’s lawn but deadlocked on whether he was guilty of a more serious arson charge.

Sentencing of Daniel Patrick Carr, 18, is set for Feb. 1 before Superior Court Judge Robert Gallivan. Carr faces up to three years behind bars, Deputy Public Defender David Scharf said.

After the jury declared itself hung on the arson charge, Gallivan dismissed it at the prosecution’s request, a court clerk said.

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The arson charge, which also carried a hate crime “enhancement,” was the heavier charge and could have brought eight additional years, Scharf said.

Carr was convicted of desecrating a religious symbol, which can be a felony or misdemeanor and does not include hate or bias against a person, Scharf said.

The cross was burned May 19 outside the Huntington Beach home of David Shostak, 46.

He said he saw flames on the lawn and rushed outside, where he knocked a 6-foot blazing cross to the ground and put the fire out with a water hose.

Carr and two 16-year-olds were arrested. The 15-year-old son of the homeowner later was taken into custody for alleged aiding and abetting. But he was released and never charged.

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