Milwaukee acid attack hate crime case goes to jury. Here's what they are pondering
The prosecution of a man who threw acid at a Hispanic man after an argument over parking and some insults is in the hands of a Milwaukee County jury.
Jurors must answer several questions: Did Clifton Blackwell act in lawful self-defense when he splashed the acid on Mahud Villalaz? Or did he engage Villalaz and ultimately harm him because Villalaz is Hispanic? Did tossing acid show an "utter disregard for human life?"
Blackwell, 64, is charged with first-degree reckless injury with a dangerous weapon as a hate crime. If convicted, he faces up to 20 years in prison, or 15 years if the jury doesn't find Blackwell guilty of a hate crime.
Jurors deliberated Wednesday but had not reached a verdict and were sent home around 4:45 p.m. Deliberations were expected to continue Thursday.
The jury has the option of convicting on second-degree reckless injury, which has maximum initial confinement of 7½ years, plus five more if the juror finds it was a hate crime.
The first-degree version of the offense requires a finding that Blackwell acted with utter disregard of human life, a point his attorney argued should not apply because there was little to no chance the acid would kill Villalaz.
In her closing argument, Assistant District Attorney Jessica Bellows said Blackwell wasn't defending against anything.
"He didn't walk away, didn't punch back or duck. He went straight for the acid," she said.
Defense attorney Michael Plaisted said his client acted reasonably in the moment.
"He had every reason to expect he was about to be hit," Plaisted told jurors during closing arguments. "Mr. Blackwell thought for sure it was coming. And he was in the best position to know."
Both men testified at the trial, which began Monday. Jurors also repeatedly watched video from a pair of surveillance cameras.
More: Clifton Blackwell takes stand in acid attack trial, claims he acted in self defense
On the evening of Nov. 1, 2019, Blackwell was waiting for the bus at the corner of South 13th Street and West Cleveland Avenue. Villalaz drove up and parked outside Taqueria La Sierrita, where he planned to have dinner.
Blackwell yelled he was illegally parked in the bus stop zone. After some conversation, Villalaz moved his truck across the street. On the way back to the restaurant, he and Blackwell had more words.
As Villalaz called Blackwell a "racist (expletive)," Blackwell threw the acid.
Villalaz ran inside the La Sierrita for help. Blackwell walked west to a different bus stop and was arrested a few days later.
Villalaz immigrated from Peru more than 20 years ago and is now a U.S. citizen. He told police, and later the jury, Blackwell asked him why he invaded his country, why he didn't respect the laws in his country, called him illegal and told him to to "go back."
Blackwell denied calling Villalaz illegal or telling him to go back, and was only concerned about his truck blocking the bus stop zone. He said he got scared when Villalaz got angry and came closer to him.
He said he carried the acid for protection when he was out at night because he'd been attacked before.
He testified he saw Villalaz ball his fist and take an "attack stance" and so he splashed the acid to prevent what he felt was an imminent attack.
Trial in the case was delayed by an early competency review for Blackwell, followed by a period when he tried to represent himself, and then the COVID-19 pandemic.
During his testimony Tuesday, Blackwell said he has suffered two heart attacks, is physically disabled and lives on a small pension.
Contact Bruce Vielmetti at (414) 224-2187 or bvielmetti@jrn.com. Follow him on Twitter at @ProofHearsay.
This article originally appeared on Milwaukee Journal Sentinel: Acid attack hate crime case is handed to Milwaukee County jury
