A mistrial was declared Wednesday in Sacramento Superior Court on hate-crime charges against a man linked to a volatile feud at Lake Natoma last summer that killed Satender Singh.
After more than four days of tense deliberations, the jury of seven women and five men could not agree on whether the defendant was involved in the confrontation because he believed Singh was gay.
The panel emerged before noon and told Judge Gary S. Mullen that they were "irrevocably deadlocked" on the hate- crime allegation that Aleksandr Shevchenko, 22, faced for his role in last year's fight.
The Sacramento man was found guilty on two misdemeanor counts: disturbing the peace and simple assault for throwing a bottle.
He could face a maximum sentence of about nine months in jail when he returns to court on July 11.
It remained unclear Wednesday whether the District Attorney's Office would re-try Shevchenko on the controversial hate-crime charge.
"The charge is still in existence," said Deputy District Attorney Sean Laird, who prosecuted the case. "It's not resolved. … It's not anything we have dropped or conceded."
Singh's death – after he was allegedly punched by a friend of Shevchenko's – emerged as a symbol of tensions between local gays and some members of a Slavic evangelical movement that has publicly spread anti-gay rhetoric.
Shevchenko's attorney, Michael D. Long of Sacramento, said he would appeal the verdicts.
"It's understandable on the hate-crime enhancement – because it's not one," Long said of the jury's deadlock.
But he questioned why jurors had convicted his client on what he viewed as self-defense.
Shevchenko threw a bottle at members of Singh's party who were running after him after Singh was punched – an act of violence that occurred after a daylong dispute between two groups described in court as "the Fijians" and "the Russians."
Shevchenko said the hate- crime case against him was exaggerated from the beginning by politics.
"I think this was a big mistake," he said outside the courtroom.
Later in the afternoon, after he prayed with his mother at home and took a nap, he maintained that what happened at the park was not motivated by hate.
"I have nothing against gays or anyone," he said. "I never caused no hate crime. … I had nothing to do with it."
Several jurors said the panel agreed quickly to convict Shevchenko on the two misdemeanor counts. Forewoman Venetter Haynes said she had signed the documents stating such as early as Friday.
But the panel, she said, was divided over the hate-crime enhancement, which would have made the disturbing-the-peace charge a felony and could have brought up to three years in prison.
The split – seven jurors believing Shevchenko was guilty of the hate crime, five saying he was not guilty of it – remained the same late Wednesday morning.
Juror Patty Dowell said she couldn't vote to convict him of the felony hate-crime enhancement. She questioned the testimony from those who were with Singh that day.
"Slurs were yelled from both sides," she said of those with Singh and with Shevchenko. "I don't think it was hate."
Juror Deedee Boland said she felt strongly that Shevchenko was guilty of a hate crime.
"If you use racial comments or comment on someone's sexual orientation, that is bias. … We've seen what hatred could do to a person," she said of having viewed Singh's postmortem photographs during the trial. "This was the consequence, because he was gay."
Jurors heard three weeks of conflicting testimony about the July 1 confrontation.
According to Singh's party, their group of seven was drinking and playfully dancing to Indian music; Singh was the only one without a date and was seen hugging and dancing with other men.
But Long said other picnic-goers described Singh's dancing as sexual and provocative with another man while other families and children were nearby.
In the end, Shevchenko and his friend Andrey Vusik confronted Singh, and Vusik allegedly hit Singh in what was described in court as "the punch of the century."
Singh fell backward and injured his head. He died four days later.
Shevchenko was arrested shortly after the death. Vusik, authorities said, left the country, and the FBI is still looking for him.
Call The Bee's Crystal Carreon, (916) 321-1203.
