According to an Oct. 16 New York Times article, former Marine Sergeant Major, Damien Rodriguez was charged with a felony-level hate crime and assault after he attacked employees at an Iraqi restaurant in Portland, Oregon. His friends and family, however, claim that his actions were the result of PTSD and not hatred. Do you feel that Rodriguez’s charges are appropriate? 

Jack Maniscalco ’19

The standard of evidence required for successfully prosecuting a federal hate crime is relatively high, and I think the prosecution will find the task quite difficult if they pursue those charges. I’ve read the story. I don’t think the Sgt. Major’s assault was premeditated. I think this is a case where prosecutors are trying to make an example out of individuals who commit crimes that are in any way perceived as “hate crimes.” Portland has been an epicenter for hate-motivated crimes recently, so this is understandable, but not warranted in my opinion. Were Mr. Rodriguez’s actions illegal? Of course, and I think he should be prosecuted accordingly. It is very easy for us to judge a man during a moment of anger. To ignore the four tours of combat service he undertook, and the PTSD that he still suffers from, would be to ignore the root cause of the problem.

Jack Maniscalco ’19 is majoring in History with a minor in Legal Studies.  

Ravi Simon ’19

Hate crimes are particularly pernicious because of the way they essentialize people and spread fear. Yet situations in which the interests of different marginalized groups seem to cut against one another are some of the most difficult to resolve. Damien Rodriguez’s case simultaneously reflects the ugly trend of increasing violence against minorities in this country and a broken system for treating mental illness, especially for veterans. He came back from four tours in Iraq a broken man, suffering from terrible PTSD. He also assaulted a waiter in an Iraqi restaurant run by Ghaith Sahib, a refugee who had escaped Iraq after his family had been threatened and he had been put into a coma by a car bombing. Mr. Rodriguez should not get off easy, but we should take pause at the idea of throwing a mentally ill veteran behind bars. In a culture of mass incarceration, we are wired to expect and demand lengthy prison sentences. If we want to prevent veterans from committing these sorts of crimes, they must be given the medical care they need and deserve.

Ravi Simon ’19 is the Europe Section Editor for the Brandeis International Journal and a member of the Brandeis Academic Debate and Speech Society. He is also a staff writer for the Justice.

Aaron Finkel ’20 

A “court of public opinion” is not a “court of law.” While the hate crime charge against Mr. Rodriguez is certainly an understandable accusation to make, there are always two sides to a story. The court must also analyze Mr. Rodriguez’s troubled past, which includes four deployments to war zones, and all the traumatizing experiences that followed. The New York Times at one point describes his behavior as “typical behavior of veterans with PTSD.” I do not know all the facts, nor am I hearing the full arguments from both sides. Therefore, no matter what I may think of the situation, I am in no position to judge Mr. Rodriguez, nor is anyone else who isn’t in a courtroom hearing the case. I will, however, emphasize that hate crimes and untreated mental health conditions are both serious issues that must be addressed by our society.

Aaron Finkel ’20  is majoring in Politics. 

Tafara Gava ’20

Regardless of Marine Sergeant Major Damien Rodriguez’s alleged PTSD, I believe the hate-crime and assault charges placed on him are appropriate. If he will not be tried for traumatizing the Iraqi employees he should be tried for not seeking medical help to work on his PTSD. Current trends in America’s ideas of individualism and identity politics are very concerning. We are condoning the precedence of individual interests over those of the community at large. It all goes back to Rousseau’s idea of the Social Contract. By virtue of living in a community, we need to compromise our degrees of independence so as to as ensure the well-being of others. Indeed, Mr. Rodriguez could be suffering from a legitimate mental health disorder that needs attention. But this fact alone cannot exonerate him from how he was not posed as a harm to others, but also to himself. At the very least, a mature and decorated member of the Navy like him should be held accountable for not addressing his PTSD.

Tafara Gava ’20 is a staff writer for the Justice.