Will the 4 Pensacola teens charged with hate crimes be tried as adults? What to know

After a string of antisemitic vandalism around the city of Pensacola and Escambia County, the Pensacola Police Department arrested four teens in early August and enhanced their charges to hate crimes.

Since mid-July, the four teens had allegedly tagged local buildings and Jewish centers with swastikas and other antisemitic graffiti and thrown at least three bricks through two Jewish temples.

Officers arrested 18-year-old Kessler Ferry for one count of felony criminal mischief enhanced to a hate crime. In addition, officer also arrested the following teens on multiple charges:

• 17-year-old male: Seven counts of felony criminal mischief enhanced to a hate crime, one count of misdemeanor criminal mischief and one count of felony trespassing in a construction zone.

• 15-year-old male: Seven counts of felony criminal mischief enhanced to a hate crime, one count of misdemeanor criminal mischief and one count of felony trespassing in a construction zone.

• 16-year-old male: Four counts of felony criminal mischief enhanced to a hate crime and one count of trespassing in a construction zone.

Teens arrested: Pensacola police arrest 4 teens in connection to string of antisemitic vandalism

What to know: Four Pensacola teens arrested in antisemitic vandalism case. Here’s everything we know:

Here's what you need to know about the case so far:

What are the details in Kessler Ferry's alleged crimes?

According to Ferry's arrest report, the other suspects involved all say he was the driver during the alleged graffiti tagging and brick-throwing incidents. In addition to driving the other three suspects to the Al Islam Dawah Center where they allegedly spray painted the Star of David on the front door, Kessler also allegedly drove the three to various sites where they allegedly spray-painted antisemitic symbols on buildings.

"(Suspect 1) explained that he grabbed the yellow spray paint from the back seat area of Kessler's white vehicle," the arrest report stated. "(Suspect 1) advised Kessler waited in the vehicle while him and (suspect 2) committed the criminal mischief."

One deputy was performing surveillance one night and began tailing Ferry's vehicle after seeing two people get out of the car with black hoodies over their heads, and around 4:30 a.m. the deputy saw Ferry's vehicle stop on Crown Cove and two of the four suspects got out of the vehicle. The deputy then drove by and says he saw Ferry driving the vehicle.

What is a hate crime?

The state of Florida has a statute called "evidencing prejudice while committing offense; reclassification." Under that statute, anyone committing a felony or misdemeanor crime that evidences prejudice based on a person's race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status or advanced age could face enhanced penalties.

The statute allows for a convicted defendant's charge to increase by one degree forward for sentencing purposes. For example, a person convicted of a second-degree misdemeanor would face the penalty of a first-degree misdemeanor if enhanced by the "hate crime" statute.

This statute also says that it is "an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated in this section."

Antisemitic incidents: The heinous acts of a few does not define Pensacola. We stand with our Jewish neighbors.

How does the "hate crime" statute affect Kessler Ferry's charge?

Although PPD arrested Kessler for allegedly committing third-degree criminal mischief, the Office of the State Attorney has filed two cases against the 18-year-old, both felony criminal mischief charges.

The first is criminal mischief involving a church, synagogue or mosque. The statute he's charged under reads, "Any person who willfully and maliciously defaces, injures or damages by any means a church, synagogue, mosque or other place of worship" commits a third-degree felony.

The second charge is criminal mischief that caused $1,000 or more in damages.

It is unknown if both charges will be enhanced, but prosecutors will likely enhance the first charge involving the places of worship.

If Kessler were to be convicted of third-degree felony criminal mischief and the hate crime enhancements were added, he would face the penalties of being convicted of a second-degree felony.

The 18-year-old faces up to five years in prison for each third-degree felony. With the hate crime enhancements, Kessler would face up to 15 years in prison each charge.

Will the State Attorney charge the other three teens as adults?

Chief Assistant State Attorney Bridgette Myers told the News Journal they are still "in the process of reviewing the charges" against all four teenagers, so it is unknown if the remaining suspects will be charged in adult court.

However, Florida law does provide as explanation of when juveniles can be tried as adults. There are three scenarios allowing a child tp be tried in adult court, and in all three the child must be at least 14 years old.

First, the defendant can request a transfer to adult court in writing if the defendant is joined by the parent or legal guardian. The second would be the State Attorney filing an involuntary discretionary waiver to try the defendant as an adult.

The final is the State Attorney filing an involuntary mandatory waiver where they are mandated to try a juvenile 14 or older if the defendant has been previously adjudicated delinquent for certain felonies like murder, robbery or sexual battery.

In making the determination to try a juvenile as an adult, Florida law says the court should consider various factors such as the seriousness of the alleged offense to the community, whether the offense was against a person or property, whether the offense was aggressive and premeditated the probable cause, and the sophistication and maturity of the child.

What are some other religious-motivated hate crimes in Florida?

Hate crimes in Pensacola and Escambia County as a whole seem to be rare, as the Office of the State Attorney says they haven't had any hate crime cases in recent memory.

However, there have been various hate crimes around Florida, especially religious-motivated crimes.

In 2021, 24-year-old Florida man Steven Shields was charged with setting fire to the Queen of Peace Catholic Church in Ocala, according to the U.S. Department of Justice.

Related: Are there hate symbols being displayed in your Florida community? Check with this list

His indictment alleges his actions were due to the church's religious character and he was charged under the Church Arson Prevention Act. His federal case is still pending.

In 2022, 25-year-old Kaleb Cole, who is a leader of neo-Nazi group Atomwaffen Division, was convicted and sentenced to seven years in prison of one count of interfering with a federally protected activity because of religion, three counts of mailing threatening communications and one count of conspiring with other Atomwaffen members to commit addition offenses against the United States.

According to Assistant Director Timothy Langan of the FBI's Counterterrorism Division, Cole "sought to intimidate journalists and advocates working to expose anti-Semitism."

In 2018, 26-year-old Miami man Dustin Hughes was sentenced to four years in prison and three years of supervised release for obstructing the free exercise of religious beliefs by threatening to detonate a bomb at Ul Muttaqeen Mosque of Pembroke Pines.

This article originally appeared on Pensacola News Journal: Pensacola antisemitic vandalism case may wind up in adult court