FREDERICK COUNTY, Md. — Maryland Delegate Dan Cox of Frederick County says the actions of two teens seen in a video fatally assaulting a 59-year old man at the Great Frederick Fair were shocking.
"That looks like a hate crime," Cox said Wednesday, speaking after five days of building community outrage being expressed largely on social media.
Cox is particularly stunned by the actions of an attacker who spits on the victim after he was down.
Cox is calling for the legislature to expand the definition of a hate crime to include "violating the dignity of the human body" through actions like spitting on someone.
But Frederick County State's Attorney Charlie Smith says the evidence so far does not meet the definition of a hate crime in Maryland.
"Spitting on someone is not a hate crime in Maryland," Smith said. "Assaulting someone because they're white, or black or Asian or Hispanic or old, disabled or homeless, that's a hate crime. If those facts exist in this particular case, they'll get charged with a hate crime, If they don't exist, they're not getting charged."
The victim in the case was John Marvin Weed Jr. of Mt. Airy, Md., who died after being flow to Shock Trauma in Baltimore after the Friday evening attack.
Weed's sister released a statement saying "he was my rock."
She called the incident an "unprovoked vicious attack."
Two brothers, aged 15 and 16 who are athletes at a Frederick area high school have been arrested and are being held in juvenile detention.
Smith said the younger teen is likely to be charged with manslaughter. Smith cautioned the investigation is not complete.
According to prosecutors the incident on the crowded midway of the fair began when the teens asked Weed for a dollar and he refused.
The boys and the older man were "complete strangers" prosecutors said.