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July 18, 2013 0

Arizona Aryan Brotherhood Member Convicted Of Hate Crime For Threatening Phoenix Officer

A Phoenix jury on July 10, 2013, con­victed a self-professed mem­ber of the Ari­zona Aryan Broth­er­hood, Brian Lee Harm, of one felony count of threat­en­ing the Phoenix Police Depart­ment offi­cer who had arrested him for tres­pass­ing in August 2012.  The con­vic­tion included a hate crime enhancement.brian-lee-harm

Accord­ing to the police report filed after Harm’s arrest, the offi­cer encoun­tered Harm while respond­ing to a call about a white male wav­ing his hands in the air and yelling at pass­ing vehi­cles.   When the offi­cer found him, Harm—who matched the descrip­tion called in—was attempt­ing to force open the slid­ing glass doors of a nearby office build­ing.  The offi­cer, and a sec­ond offi­cer who soon arrived at the scene, spoke with Harm and even­tu­ally placed him under arrest for trespassing. 

Fol­low­ing his arrest, Harm became angry and abu­sive, soon laps­ing into repeated crude eth­nic slurs.  Accord­ing to the offi­cer, Harm’s rhetoric esca­lated, with Harm threat­en­ing to injure or kill the offi­cer and to “make trou­ble” for all offi­cers in the area.  When Harm stated that he was a mem­ber of the Aryan Broth­er­hood (a ref­er­ence to the Ari­zona Aryan Broth­er­hood, a large and vio­lent white suprema­cist prison gang), the offi­cer began record­ing Harm’s remarks.

Among the recorded remarks Harm made was a threat to “beat nig­ger chil­dren, too, I don’t fu–in’ care.”  Harm said that he would have “all my Broth­er­hood broth­ers” come to the neigh­bor­hood and “you’ll pay the ulti­mate price.”  He told the offi­cer that “ni—rs won’t be safe in this neigh­bor­hood” and that “it’s gonna be tough to go out to din­ner for you now.”  His remarks included many more sim­i­lar com­ments, includ­ing addi­tional threats.

Pros­e­cu­tors charged harm with felony threat­en­ing or intim­i­dat­ing as well as assist­ing a crim­i­nal street gang.  In Harm’s July 2013 trial, the jury acquit­ted Harm of the assist­ing a gang charge but found him guilty of threat­en­ing or intim­i­dat­ing.  Fur­ther­more, in the aggra­va­tion phase of delib­er­a­tions, the jury found that the offense involved the inflic­tion or threat­ened inflic­tion of seri­ous phys­i­cal injury, that the defen­dant com­mit­ted the offense with the intent to pro­mote, fur­ther or assist crim­i­nal con­duct by a crim­i­nal street gang, and that the offense was a bias crime (i.e., a hate crime).

Harm is cur­rently in the Mari­copa County Jail await­ing sentencing.

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