Two of three Pensacola teens to be tried as adults in antisemitic graffiti case

The Office of the State Attorney will prosecute two of the three juveniles charged in the spree of antisemitic vandalisms throughout the city of Pensacola.

Chief Assistant State Attorney Bridgette Jensen told the News Journal Tuesday that 17-year-old Waylon Fowler and 16-year-old Nicholas Ferry will be charged as adults along with 18-year-old Kessler Ferry for their alleged involvement in spray-painting antisemitic symbols on religious buildings and throwing bricks through their windows throughout the city.

Jensen said the 15-year-old arrested will remain in juvenile court.

So far, Fowler is the only one of the juveniles who appears to have a case number in adult criminal court; he now has seven cases pending. His charges are:

• Five counts of criminal mischief over $1,000, each a third-degree felony

• Trespassing on a construction site, a third-degree felony

• Two counts of throwing missile into dwelling, vehicle, building or aircraft, a second-degree felony

• Criminal mischief under $1,000, first-degree misdemeanor

• Criminal mischief on church, synagogue, mosque or religious article, a third-degree felony

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

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Kessler Ferry was immediately placed in adult court since he is 18 years old and was charged with criminal mischief over $1,000 and criminal mischief on a church, synagogue, mosque or religious article.

According to Kessler Ferry's arrest report, the other suspects involved all allege he was the driver during the graffiti tagging and brick-throwing incidents including to the Al Islam Dawah Center where they are accused of spray painting the Star of David on the front door.

"Waylon Fowler explained that he grabbed the yellow spray paint from the back seat area of Kessler's white vehicle," the arrest report stated. "Waylon Fowler advised Kessler waited in the vehicle while him and (the 15-year-old boy) committed the criminal mischief."

Fowler also said he tried to throw a cinder block at the building, but it broke before he could throw it.

A 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. The deputy lost sight of the vehicle but 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 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."

First attack: Swastika-covered brick hurled through window of Pensacola's Chabad Jewish Center

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 in recent years, 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.

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 antisemitism."

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 teens tried as adults in antisemitic graffiti cases