Young men accused of racist vandalism in Marion, not charged with hate crime

MARION — Two 19-year-olds were arrested Wednesday on charges that they vandalized several cars, a building and street signs in Marion in July. The graffiti included “KKK,” “I am a Nazi” and swastikas, according to a news release from the Marion Police Department

Gary Alan Jacobsen III, of Cedar Rapids, and Zane Alexander Wilcox-Thomas, of Marion, are each facing four counts of third-degree burglary of a vehicle, and one count each of third-degree burglary, first-degree criminal mischief, conspiracy to commit nonforcible felony, trafficking stolen weapons, conspiracy to commit aggravated misdemeanor and person ineligible to carry dangerous weapons.

Police interviewed a third subject, identified in criminal complaints as Koda Shane Holst, and are pursuing the same charges against him, according to the news release.

Jacobsen, Wilcox-Thomas and Holst entered a garage in the 1100 block of 10th Street in Marion on July 21 and stole spray paint cans, which they used to vandalize several cars, personal property and city of Marion property, causing more than $10,000 in damage, according to a criminal complaint.

They also reportedly entered three vehicles in the 900 block of Eighth Avenue and stole things from inside, including a firearm.

Marion investigators identified the three suspects after finding cellphone pictures that were taken the night of incident and showed all three wearing the same clothing they were seen in on a home security camera system, according to the news release.

The incident was investigated to determine if any of the crimes committed could be considered hate crimes, but no evidence was found to warrant the additional charges, according to the release.

“While hate speech and racist graffiti are vile and despicable, they do not constitute a crime unless other factors are present and can be proven,” the release states. “In this case, the victims were comprised of a diverse group of people and all three subjects denied knowing or targeting any of the victims for any reason, including their race, color, sex, sexual orientation, national origin, political affiliation, religion or disability.”

The Council on American-Islamic Relations, a Muslim civil rights and advocacy organization, released a statement urging law enforcement in Marion to charge the young men with a hate crime.

“If vandalizing property and causing thousands of dollars in damage while spray-painting Nazi swastikas does not constitute a hate crime under Iowa law, Iowa law needs to change,” Ahmed Mitchell, the organization’s national deputy director, said in a news release. “We urge local prosecutors to review this case again and determine whether hate crime charges can be brought against the suspects.”

According to Iowa law, "persons within the state of Iowa have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of their race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability."

Comments: (319) 398-8328; emily.andersen@thegazette.com