NEW ORLEANS - The New Orleans Police Department is working to figure out if two former officers, accused of beating a local man, committed a hate crime. That announcement came after both were given a $1,500 bond Wednesday.
"They didn't like the clothes I was wearing," George Gomez said. "They took my hat off."
A day after George Gomez says he was attacked near Mid City Yacht Club Tuesday, the accused aggressors, ex-New Orleans Police Officers John Galman and Spencer Sutton, arrived at Municipal Court. Both pleading not guilty in the case.
"They were repeating I'm going to kill you," Gomez said. "That kind of stuff."
"Based on what we're seeing in this early time period, I don't see where your average person is going to believe that in any way this was justified," Craig Mordock said.
Mordock, a local Criminal Defense Attorney, was at the arraignment. He feels the current misdemeanor charge of Simple Battery, will upgrade to Second Degree Battery, a felony.
"Neither one of them have a scratch on them and they were both big and physically imposing individuals," he said. "So that already becomes a factor in deciding if they were the aggressor or not. They would need independent witnesses and they would need some explanation about why they feel physical force was needed."
However, Gomez claims Galman and Sutton questioned not just his prior military experience but his nationality as well. So NOPD's Public Integrity Bureau and FBI are looking into whether Gomez's Civil Rights were violated. Which if found guilty, could mean either jail time or probation.
"In Louisiana, a hate crime is a penalty enhancement so if you're guilty they could add five years to your sentence," Mordock said.
The Department's investigation continues, but once done it'll go to the District Attorney, who says changes could be made, before it moves forward.
"We are going to await the police reports and we're going to look at the evidence and we will evaluate that and determine what, if any, charges should be filed against these individuals," Orleans Parish District Attorney, Leon Cannizzaro said.
Once in the hands of the District Attorney, he can refuse the case, accept it as is, or modify it to a felony charge with carries up to five years in prison if found guilty. That process they say can take several weeks.