Suspects arrested for first-degree bias crimes in Oregon will no longer be released on the same day.
Under a new guideline, those involved in the most serious hate-motivated attacks will be detained at least until their arraignment. Chief Justice Meagan Flynn signed the change Tuesday, according to KGW News.
The new rule follows public outrage over the quick release of Dylan Kesterson last summer. Kesterson, who has since been returned to custody, is accused of punching a man and his 5-year-old daughter on July 2, 2022, because they were Japanese.
After yelling racial slurs, Kesterson allegedly punched the man “more than 50 times” in the head before turning to his daughter, whom he then allegedly punched several times on her helmet-protected head. Following the incident, he was linked to at least three other racist attacks, two of which were anti-Asian.
The old guideline, which came into effect a day before the incident, required suspects facing more serious offenses to remain in detention until they appeared before a judge.
However, those excluded bias crimes unless the suspect had been convicted in the past three years — and Kesterson’s record was clean.
Mayor Ted Wheeler criticized the criminal justice system at the time.
“It is outrageous that someone accused of a violent bias crime against a parent and a child would be released before appearing in front of a judge. Portland police should not have to arrest someone twice in a situation like this,” Wheeler said. “The criminal justice system needs to be reviewed from top to bottom to ensure that individuals like this are not released prematurely.”
As of August, Kesterson was facing a total of 23 charges for all the allegations against him.
His case involving the Japanese family — in which he pleaded not guilty — has been delayed due to his refusal to participate in mental health evaluations and fitness-to-proceed hearings.
