Judge rules no hate crime in attack on Filipino family in LA fast-food lane

Video shows suspect Nicolas Weber hurling anti-Asian slurs and threats at Roque family members before allegedly attacking them physically. SCREENGRAB

A California judge ruled that the alleged attacker of a Filipino family in a Los Angeles fast-food drive thru lane a year ago will be tried for two counts of felony battery, but he will not be charged with a hate crime.

A video from the May 2022 incident showed suspect Nicholas Weber hurling anti-Asian remarks against the Roques and threatening to kill Nerissa Roque and her daughter Patricia, after Weber’s jeep rear-ended their vehicle.

Despite the footage, Judge Neetu S. Badhan-Smith ruled that while Weber made “offensive and vulgar statements” against the family, the incident remained a “general intent crime,” according to a San Fernando Valley Sun report.

Badhan-Smith cited the 10- to 15-minute span between the use of racial slurs and the physical assault, and noted that Weber no longer used such slurs during the attack itself. She noted, however, that the attack cause significant injuries to the victims.

Supporters of the Roque family protesting in front of Los Angeles court house. INQUIRER FILE

The victims expressed disappointment at how they’ve “been so far by the justice system.” Patrick Roque, a family member, said. “It’s really obvious from the video that it was a hate crime.”

The assault has triggered outrage in the Asian community, and the Roque family’s supporters vowed to keep protesting until they get a full measure of justice.

The videoed incident occurred on May 13, 2022 at a McDonald’s drive-thru lane on Victory Boulevard. After Weber rear-ended the Roques’ vehicle, he allegedly hurled racial slurs and threats, using a mock Asian accent.

Weber then allegedly tried to physically attack Patricia. Her father, Gabriel Roque, 60, tried to stop him but was allegedly pushed or punched to the ground, leaving him with a broken rib. Weber also allegedly choked Nerissa. He was arrested on June 16, 2022 but thrice refused to attend his arraignment.

Weber pleaded not guilty to two counts of battery, but  as of the judge’s April 18, he is facing two counts of felony battery without the hate crime charges.