D.A. Charges Teens as Adults in Hate Crime

SAN DIEGO — The seven teenage boys arrested in the attack on five elderly Latino migrant workers will be tried as adults, Dist. Atty. Paul Pfingst said Monday.

The seven, ranging from 14 to 17, will face charges of assault, robbery and elder abuse, with the added charge of participating in a hate crime. The seven remain in Juvenile Hall, pending arraignment today.

In announcing his decision, Pfingst cited Proposition 21, adopted by voters in March, which gives prosecutors greater authority to prosecute juveniles as adults. In the past, such decisions were left to judges.

The seven, arrested Sunday at their homes in the affluent neighborhood of Rancho Penasquitos, are accused of chasing, beating and shooting migrants living in a makeshift encampment in an isolated canyon. Ethnic slurs were allegedly used during the attack.

Attorneys for two of the suspects said evidence will show that only one or two of the seven planned the incident and the others merely followed along.

“I think we’ll probably have one who was the organizer-leader, one who said ‘That sounds like a good idea,’ and the rest who just followed the leader,” said attorney Marc Geller. “I think it’s unfortunate that the migrants were hurt, but I also think it’s unfortunate that the D.A. is making this a political case rather than what it is: a juvenile case.”

Attorney Francis Bardsley said, “These are kids, not adult criminals. These are middle-class kids. I think we’re going to find that some were a lot more involved than the others and should be treated differently.”