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Hate crime suspect behind bars



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By PATRICK McARDLE STAFF WRITER - Published: February 20, 2009

BENNINGTON – A Woodford man was ordered held without bail Thursday after being arraigned for a hate crime.

Police said Donald R. O'Dell, 45, used a racial epithet while assaulting a man at a Route 9 hotel in Woodford on Wednesday night.

O'Dell was charged with aggravated assault with a weapon in Bennington District Court on Thursday. Language was added to the charge that says the crime "was maliciously motivated by the victim's actual race." O'Dell was charged as a habitual offender, which could result in a sentence of life in prison.

In an affidavit, Vermont State Police Trooper James Wright said police spoke with Derek Okundaye, 38, at the Walk in the Woods Motel in Woodford around 10:20 p.m. Wednesday.

According to Wright, Okundaye was bleeding from a "large, baseball-sized welt" on his head and also had injuries on his left arm and shoulder.

Okundaye told police he had gone outside to speak to O'Dell, who was driving a snow-plowing truck, because he didn't want O'Dell to push snow in front of his home. O'Dell became confrontational, according to Okundaye, and Okundaye began to leave.

"When he turned around to walk away, he was hit in the back of the head by a crowbar," Wright said in the affidavit.

Police interviewed several other people at the hotel. One said she heard Okundaye calling for help and saw O'Dell chasing Okundaye with a metal object in his hands. Another said he saw O'Dell hitting Okundaye two or three times with a metal object.

Wright said O'Dell told police that Okundaye had punched him in the face twice. O'Dell said Okundaye lunged at him again, slipped and hit his head on the snow plow.

According to Wright, O'Dell told emergency dispatchers that Okundaye had a knife, but witnesses told police Okundaye didn't have a weapon.

Wright said Okundaye was interviewed a second time at Southwestern Vermont Medical Center in Bennington, where Okundaye was being treated, and Okundaye said O'Dell had used a racial epithet.

O'Dell, who pleaded not guilty to the charge against him on Thursday, is being held in Marble Valley Regional Correctional Facility in Rutland.

Judge John Wesley said while there were "conflicting accounts, this seems to be a particularly vicious outburst of significant violence that was barely provoked and seemed to have a component of racial or ethnic animus."

Bennington County State's Attorney Erica Marthage said her office had not prosecuted a hate crime since she took office in 2007. In 2003, a Manchester teenager was accused of scratching a swastika on a Jewish classmate's car.

O'Dell's previous felony convictions include driving while intoxicated in 2003, grand larceny in 1996 and burglary and attempted burglary in 1991.

patrick.mcardle@rutlandherald.com








READER COMMENTS


The issue here is one of fairness. The "victim" may well have a similar criminal record. If one knows the area, he was living in a pretty crime infested hotel. It seems that no information was reported that would tend to show the black person in a negative light. I firmly believe that if this guy beat his girlfriend or wife this badly, he would be much more likely to be released on conditions.
-- Posted by Fred Flintstone on Sat, Feb 21, 2009, 8:31 am EST

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Ok, let's start off with Vermonters are not the MOST racist people, I have recently moved to Kansas, and it is worse here! Second of all, I don't see anywhere that it says he was a black man? However, regardless of whether he is black, blue, or green, this guy beat him with a crowbar! Habitual offender, plenty of convictions, beating a guy with a CROWBAR!, how about alot of jailtime! As for the hick comment, I would say that I consider myself a good ole country boy, and I am not sure that has anything to do with thinking everyone is racist. In fact, typically it is left-wing liberals that tend to think everything is racist, and most hicks are certainly not on that side of the spectrum.
-- Posted by Richard Putnam on Fri, Feb 20, 2009, 1:53 pm EST

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We in Vermont are some of the most racist? Say what?
Please, you sound like a hick when you make that type of a statement.
-- Posted by None None on Fri, Feb 20, 2009, 12:00 pm EST

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As a native Benningtonian, I hate to see that name associated w/ crime again and more than likely the disease of alcoholism. It goes back more than sixty yrs as far as I know, but a family w/ a seeming genetic propensity toward the sauce is absoluetly no excuse for hitting someone with a crow bar and shouting a racial whatever which does equal a hate crime no matter. Yes the community is maybe to blame as we noticed that after my husband's military career we returned to Bennington to find teacher's allowing the "N" word used in classrooms routinely by students who were not corrected. Mr. O'Dell has many excuses, but no reason not to have known what he was doing is a hate crime. We must also accept that we in Vermont are some of the most racist and we all need to learn.
-- Posted by jacqui yates on Fri, Feb 20, 2009, 11:50 am EST

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This isn't some poor working guy, this is a habitual criminal. Racial slur or not, it seems to me like hitting someone in the back of the head with a crowbar is pretty darned hateful. How can you complain about criminals being allowed to roam the streets in the same breath that you complain about one not being allowed to roam the streets. It just doesn't add up.
-- Posted by Comfy Anon on Fri, Feb 20, 2009, 10:58 am EST

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Judge Wesley is proving to be yet another blight on Vermont society. A white man and black man have a fight. Words are shouted. A white man is presumed guilty of a hate crime based on the word of the person he was fighting. No weight is given to what the black man might have said in the heat of the moment. So, Wesley, who lets all kinds of criminals roam our streets on conditions, puts this working person in jail. What the heck is going on in this country?
-- Posted by John Rubino on Fri, Feb 20, 2009, 8:58 am EST

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