3 suspects arrested after 2 Jewish men attacked at San Jose’s Santana Row: DA

SAN JOSE, Calif. (KGO) — Three men are facing assault and battery charges for the beating of two Jewish men at Santana Row, according to court documents released Monday by the Santa Clara County District Attorney’s Office.

The now viral incident took place outside Augustine restaurant earlier this month.

“It’s very shocking to see three people beating on someone. Beating him into the ground and then continuing to beat and punch him,” said Santa Clara County District Attorney Jeff Rosen.

ABC7 Eyewitness News is not naming the suspects until they are charged in court.

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The victims say they were speaking Hebrew to each other before being attacked – and that the attackers used antisemitic language.

Rosen’s office is currently not pursuing hate crime charges.

He says at least at this time, the evidence is not there for that offense.

Rosen says hate crime charges could be added later if more evidence emerges.

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Legal experts say hate crime charges are often extremely difficult to prove in court.

“It’s an extra layer of investigation, an extra layer of prosecution, an extra layer of persuasion to the court that not only did the crime occur, but it occurred because of the characteristics of the individual,” said former dean of the University of San Francisco School of Law John Trasvina.

Jewish groups say the incident has created more anxiety among members of their community.

Some, like the American Jewish Committee, have applauded local leaders for condemning the attack right after it happened.

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“Speak out when it happens and speak out in support of the community before something happens. This is going to take a whole of society approach to stopping in its tracks what almost feels like a runaway train at this point,” said AJC’s Teresa Drenick.

Rosen says his office is working closely with the San Jose Police Department and that the case remains open. But he promises that the suspects will be held responsible to the fullest extent of the law.

“We have worked very diligently the last several days to make sure we found out as much information about what happened and why it happened and then moved quickly to file criminal charges against these suspects,” said Rosen.

The suspects are scheduled to be arraigned on May 12.