Trial begins in 2019 hate crime acid attack outside south side Milwaukee restaurant
A man on trial for splashing acid on the face of a Peruvian immigrant was acting in self-defense, his attorney told a jury Monday.
Clifton Blackwell, 64, is charged with first-degree reckless injury, with a dangerous weapon, and a hate crime enhancer. A criminal complaint says he threw acid at Mahud Villalaz after he objected to Blackwell making anti-immigrant remarks to Villalaz, a Peruvian-born U.S. citizen.
The men encountered each other Nov. 1, 2019 near the Taqueria La Sierrita, 2689 S. 13th St. Villalaz was headed there for dinner and Blackwell was waiting nearby or a bus.
In her opening statement, Assistant District Attorney Jessica Bellows told jurors Blackwell picked out Villalaz because of his appearance and possibly his accent. She promised they would see the attack several times on surveillance video, but without sound.
Villalaz, 43, suffered second-degree burns to his face after police say Blackwell splashed acid at him at the end of a verbal confrontation. Villalaz said Blackwell asked him "Why did you invade my country?" and "Why don't you obey my laws?"
Villalaz testified Blackwell called him illegal and said he should go back to his own country.
He testified Monday he had parked his truck next to the restaurant and was walking toward the door when Blackwell spoke to him. He said was immediately uncomfortable Blackwell would not just object to his parking, but suggest he was undocumented and, therefore, did not respect what Blackwell called his laws.
Villalaz noticed he was illegally parked in the bus stop zone, so he moved his truck across the street. On the way back to the restaurant again, he had more words with Blackwell, telling him he did not know Villalaz's status. He testified he was angry, and called Blackwell a racist (expletive).
He told jurors he and Blackwell were standing about three feet apart, and he lunged toward Blackwell about six inches or a foot and pretended to punch him.
Blackwell's attorney, Michael Plaisted, told jurors that's when his client feared for his own safety and splashed the acid — "a poor man's mace" — which he carried in an aluminum bottle for self defense. Plaisted described Blackwell as older, infirm and no match for Villalaz.
"He didn't choose Mr. Villalaz because of his race or (immigration) status," Plaisted said. "Mr. Villalaz suffered the injury because he chose (Blackwell) to start something physical."
Villalaz said he spent two days in the hospital. Jurors saw photos that showed the disfiguration on the left side of his face and neck. He said over follow up treatment, most of the skin disfiguration has cleared up, though he still suffers emotional pain.
During the investigation, police recovered muriatic acid, four bottles of Kleen-Out sulfuric acid and two bottles of lye from Blackwell's residence near South 13th Street and West Edgerton Avenue.
In Wisconsin, "hate crime" refers to extra punishment that can be imposed on someone convicted of a crime when the victim was targeted based on race, religion, color, disability, sexual orientation, national origin or ancestry.
First-degree reckless injury carries a maximum penalty of 15 years in prison plus 10 years of extended supervision. The hate crime enhancement would allow for an additional five years in prison.
Blackwell's trial continues Tuesday with his cross-examination.
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Contact Bruce Vielmetti at (414) 224-2187 or bvielmetti@jrn.com. Follow him on Twitter at @ProofHearsay.
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This article originally appeared on Milwaukee Journal Sentinel: Man charged with hate crime acid attack raises self-defense with jury
