Two individuals have been charged with hate crimes following an unprovoked assault on a San Jose State University student on the downtown campus. Josue Medina Flores, 19, of Sunnyvale, and Christian Gabriel Nunez Petty, 20, of Fremont, face felony assault with hate crime allegations after allegedly attacking the student and a friend while shouting anti-gay slurs. The Santa Clara County District Attorney’s Office announced the charges, and both defendants were arraigned on September 23.
The incident took place in the early hours of September 19, at approximately 3:44 a.m. The victim and two female friends were walking on campus when they reportedly passed Flores and Petty. According to prosecutors, the two men asked the student if he was gay and began yelling anti-gay slurs. The victim and his friends attempted to disregard the comments and continued walking. However, the defendants then allegedly ran up to the student and initiated a physical assault. The victim was punched in the head more than two dozen times and repeatedly kicked. Throughout the attack, the men continued to use homophobic slurs against the student.
During the assault, one of the student’s female friends attempted to intervene and shield him from the blows. She reportedly jumped on top of the victim, and the defendants then struck her as well. San Jose State University police officers responded to the scene while the attack was still underway. Officers were able to arrest the suspects as they attempted to flee the campus. The victim received medical treatment at a local hospital for his injuries and has since been released. Prosecutors stated that the entire attack was captured on university security video footage.
District Attorney Jeff Rosen addressed the gravity of the charges in a public statement. Rosen emphasized the community’s stance on such incidents, stating that individuals who hurt someone because of their race, religion, gender, or sexuality "will be arrested and prosecuted." He further highlighted that tolerance and diversity are cherished values in this community, which are supported with one voice and the full might of the law. This incident marks one of 14 hate crime cases filed by the District Attorney’s Office so far this year, underscoring the commitment to addressing crimes motivated by bias within Santa Clara County.