Morgan Hill man charged with hate crime for allegedly pushing elderly Muslim man

A Morgan Hill man is facing a misdemeanor hate-crime charge for allegedly pushing an elderly man as he left an evening prayer service at a community center in Morgan Hill in March.

Mark Allen, 59, faces one charge of committing a hate crime by use of force and threat of force in the incident, according to court documents.

Allen allegedly made multiple anti-Muslim statements then used his arm and shoulder to shove the 76-year-old victim in the chest, said Santa Clara County District Attorney Jeff Rosen.

“The victim in the case was pretty shaken and traumatized from this incident,” said. “When the police finished their investigation, it was clear to us that this was a … battery, and the motivation for the battery was the victim’s religion, given what the defendant said right before pushing the victim.”

Rosen said that many of the community members present during the alleged assault were dressed in traditional Muslim attire.

“We take hate crimes very seriously. Some people might look at a case like this and say it’s just a misdemeanor battery,” Rosen said. “We think it’s a big deal in the district attorney’s office because a crime that’s motivated by bias like this one was is really a crime against three.”

Rosen added that the three victims of the crime were the man targeted, the Islamic religious community and all Americans “who are entitled to fair and respectful treatment under the law.”

“It caused fear and concern for everyone who is Muslim and attending Muslim services,” Rosen said.

If convicted, Allen faces up to one year in prison, Rosen said, but he added that he hopes that the judge will also mandate community service. California hate crime laws encourage judges to mandate that a defendant volunteer with an organization that serves the victim’s group or take classes about the victim’s group, Rosen added.

Allen could not be reached for comment.

Shortly before 9:30 p.m. March 7, a man and his daughter were leaving the mosque at the Morgan Hill Community and Cultural Center after a prayer gathering when they saw Allen walking toward them. In her statement to police, the victim’s daughter described Allen as “agitated and talking to himself,” according to the police report. She thought she heard him say “(expletive) Muslim” or something similar to himself, she told police.

Allen allegedly pushed the victim and a second unidentified man without provocation, according to the police report. The victim did not sustain an injury. The second man declined prosecution for battery.

The victim told police that the only time he felt fear was when Allen approached in an “aggressive mood,” according to the police report. He described Allen approaching “looking like a crazy man, like a bad man.”

During the incident, Allen allegedly said, “I did nothing wrong. I stand with Israel,” according to the police report.

Allen allegedly became aggressive after the incident as more people exited the building, asking, “What are you going to do about it?” according to witness statements given to police.

Another man reported to police that, as he left the prayer meeting, Allen had asked him if he was Palestinian or “HAMAS people,” according to the police report.

An officer who made initial contact with Allen on the night of the incident noted in his report that Allen was slurring his words and had an unsteady gait. Allen had “no recollection” of the incident, the officer wrote in the police report.

In a later statement to police, Allen said that he had gone out drinking with friends and could not remember how much he had to drink. He did not have any recollection of the incident and told police that he doesn’t “have any issues” with Muslim people.

Allen self-surrended to the Morgan Hill Police Department after a warrant for his arrest was issued, the department said in a press release. He posted $25,000 bail, according to court records, and is set to appear in court May 30 at 9 a.m. for his arraignment.

The board of directors of the South Valley Islamic Center, which hosted the prayer event where the incident occured, said in a statement that they are “grateful to the District Attorney’s Office for treating this incident with the seriousness it deserves.”

“Our community came together during Ramadan in faith, and we should never have to fear being attacked while doing so,” the board said. “We hope this sends a strong message that hate has no home in Morgan Hill.”

In a statement, the San Francisco Bay Area office of the Council on American-Islamic Relations welcomed the filing of the charges.

“After working closely with the victims, we know this necessary step helps demonstrate the District Attorney’s support for the Muslim community’s safety and well-being,” CAIR-SFBA Civil Rights Attorney Bismah Jaffer said in the statement. “It also sends a clear message that targeting Muslims, Palestinians or allies will not be tolerated.”

Mark Turner, the mayor of Morgan Hill, said in a statement posted to social media that the hate crime charge is “a stark reminder of the work we must continue to do.”

“Islamophobia, or any form of discrimination, has no place in our community. Our Muslim neighbors, like all residents, deserve to feel safe and respected,” Turner said. “We are committed to fostering an inclusive environment where diversity is celebrated and everyone can live without fear. Let this serve as a reminder that hate will not go unaddressed in Morgan Hill.”