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Victim: Bus attack was a hate crime

12:49 PM CDT on Thursday, September 18, 2008

By OLGA CAMPOS
KVUE News

Austin police are investigating another violent, unprovoked attack of a passenger aboard a Capitol Metro bus. The victim says he is the target of a hate crime because he is gay.

Video
KVUE's Olga Campos reports
09/17/2008

The attack on Jason Daley left him with stitches and severe bruising around his right eye. A police report confirms he was attacked around noon Friday, September 12, while Daley was a passenger aboard Capitol Metro bus number 339 in North Central Austin.

Daley says the blow knocked him unconscious.

"The next thing I know I'm coming to and I have blood and glass all in my eyes and the bus driver is still driving," he said. Daley identified his attacker as a black male, in his mid 20s. He says the man punched him in the face because he is gay.

On August 9, a security camera captured another random attack of a man on a Capitol Metro bus, but there was no security camera on the bus Daley was a passenger on. Of the 400 Cap Metro buses, only about a fourth are equipped with security cameras. That could change as Daley's attack is investigated.

"And then if there are incidents reported and the need arises what we'll do is increase our security on certain routes," said Adam Shaivitz, a spokesman with Capital Metro.

"In this case, in the middle of the day on a bus on public transportation is a true concern," said Paul Scott, executive director of Equality Texas. Daley's case is being monitored by Equality Texas, which focuses on the rights of gays and lesbians. Scott wants to be sure if and when the attacker is charged, he is prosecuted under the state's Hate Crime Act.

Daley is worried his eyesight will be permanently damaged and he's afraid to get back on a bus, but he's not afraid to stand up to those who commit hate crimes.

"I will not allow it. I will do anything I can in my power to make sure this does not happen to anyone again," says Daley.

Capital Metro says physical assaults aboard buses are rare with only four reported so far this year. During that same time period the transit company says it completed approximately 35 million trips.

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