The case of Dylan Kesterson
sparked citywide outrage.
You might recall he was released from jail
just hours after allegedly assaulting a
father and his five year old daughter.
Both of Japanese descent,
in a racially motivated attack in early July.
Well now, Asian American groups,
prosecutors, and even crime victims are
pushing to change the statewide policy
that allowed Kesterson to walk free.
On Monday, a state subcommittee supported
changing the rules so the people who are
charged with first degree bias crime.
Are not released from jail before
their case is heard by a judge.
The Oregon District Attorneys Association,
or prosecutors,
sent a letter supporting the change,
as did the Portland, Japanese,
American Citizens League,
or JCL, signed by 15 other Asian
American organizations.
John Kadachi is a Portland
lawyer and former JCL president.
Once immediately released,
that person's potentially capable
of engaging in another attack,
another assault.
And so we think as the Community
that it's very important to keep
that person locked up until they're
presented before a judge who
can make a better determination
as far as the release or not.
The guidelines for when to release
defendants prior to their first court
appearances based on a statewide order
issued by Oregon's Chief Justice,
the pretrial release guidelines.
Were rewritten as a result of bail reform
legislation and went into effect on July 1st,
one day prior to Kesterson's arrest.
In general, the new guidelines
require that only people charged
with more serious offenses,
including violent felonies,
sex crimes and domestic violence,
felonies or misdemeanors,
are held in jail until they appear
before a judge.
Advocates would like bias crimes
to be added to that list, and so.
Having the Supreme Court include
bias crimes as they hold until
arraignment type of crime I think
gives some assurance that the
system is treating that crime very
seriously and protecting the public.
Kesterson was rearrested on July 6th
after failing to show up in court.
He pleaded not guilty and is now facing 23.
Counts included charges stemming from
several incidents prior to the July attack.
A new indictment filed Monday accused
Catterson of a bias attack on April
9th where he allegedly robbed a woman.
Details of that incident
have not been released.
Kesterson is also accused of racially
motivated attacks on April 17th where
he harassed 3 different women in
downtown Portland because of their race.
A security guard snapped these
photos of Kesterson near the scene.
You know, hate crimes are real and
they're detrimental to people's
health. Like it is insane.
One of the victims, Tyra Blackman,
says she's still dealing with the
physical and mental effects of
that violent, unprovoked attack.
The Michigan woman is frustrated
that Kesterson wasn't apprehended
after her assault in April,
and dumbfounded that he was
allowed to walk free after a
similar racist attack in July.
He could have easily assaulted
someone else because,
as far as I understood,
he pleaded not guilty to any of these,
which means he doesn't see
what was wrong with the issue.
And so if you have people like that
immediately released from jail and
not knowing what the issue was,
he can easily do it again.
A Japanese student living in Portland
told KGW that Kesterson screamed
at him and slapped him in the face
on June 25th in downtown Portland.
To date, no charges have
been filed in that case.
I feel so afraid.
A recent report by the Oregon
Criminal Justice Commission found
anti Asian incidents in the state
increased by almost 200% last year.
Victim advocates argue the
courts need to take these cases
seriously by holding people charged
with bias crimes behind bars.
So, Kyle, what's the next step here?
Well, there are a few hoops to jump through.
First,
a committee has to make recommendations.
Then it's up to the Chief
Justice to amend the order.
If and when that happens, each Circuit
Court will have to amend its guidelines.
It sounds relatively complicated,
but at the end of the day,
it's actually a fairly quick
fix or could be alright.
And what more can you tell us about
this Kesterson character?
Yeah, he's 34. He's homeless.
According to court records, he's been
living in Portland for about a year now.
He doesn't have a criminal history.
That really is significant.
Because it's one of the factors
considered when determining whether to
release someone prior to arraignment,
along with obviously the
charges they're facing.
Alright. Thank you, Kyle,
appreciate it.