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Updated 12/20/2010 10:13 PM

Four Skidmore students charged after hate crime assault at restaurant

By: Web Staff

Four Skidmore students face assault charges and one faces charges for a hate crime in the Spa City. Our Erin Vannella has the details.

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SARATOGA SPRINGS, N.Y. -- Staff at Compton's Restaurant on Broadway broke up the late Friday, early Saturday morning brawl, calling police to the scene after one man was sent to the hospital.

"At about 5:30 Saturday morning, police responded to Compton's Restaurant to the report of a large fight," said Saratoga Springs Police Lieutenant Greg Veitch. "When they arrived, they found four or five people leaving the scene. Those people were detained. When they went inside they found a male victim had been hit over the head with a dish."

The four young people included two 19-year-olds, an 18-year-old and a 20-year-old, all from Skidmore College.

According to witnesses, the group picked a fight after throwing racially derogatory comments toward two men in their 40s seated nearby.

"The investigation indicates that they did have a problem with the two of them being friends, one being black, one being white for whatever reason," said Veitch. "That part is unclear. But ultimately, the attack was based on a racial bias and that's why those four individuals, in particular the one, was charged with the hate crime."

Police say the victim, the white male, was treated and released from the hospital.

All four young men, meanwhile, face assault charges. Justin Tavarez, 19, was charged with assault as a hate crime, as well as criminal possession of a weapon.

A spokeswoman from Skidmore College said, "The school will immediately suspend the students and bring them later to a hearing before an administrative conduct board."

That will follow any court action in the case.

"When we go to investigate an incident that fits the criteria of a hate crime, we're going to charge you with a hate crime," said Veitch. "You can't attack someone based on your bias or a perceived bias."

Police say the students didn't know the victim or the other man. But they say there are lots of questions that need answers before all the facts are straight. Additional and or upgraded charges are still possible.