St. Clair County Board of Review member Kevin Malone was charged Saturday with felony hate crimes a week after he engaged in a fight that involved racial slurs with a black 14-year-old boy.
Malone, who is white, has been charged with two counts of hate crime for committing disorderly conduct by uttering a racial slur at Karry Carter in such an unreasonable manner as to provoke a breach of the peace and for committing battery against the youth by pulling his hair while uttering a racial slur at him, according to a news release from State’s Attorney Brendan Kelly.
Malone, 51, of Freeburg, surrendered Saturday afternoon and was released after posting bond, Kelly said. The bail had been set at $30,000 by Associate Judge Stephen Rice. No court hearing has been scheduled in the case.
Hate crime is punishable by between one and three years in prison or up to 30 months probation. He also could be fined up to $1,000 and have to pay restitution to the victim.
Although Malone admitted to calling Carter a racial slur, he denied starting a fight with the teen that left Malone with two black eyes and a cut under his left eye.
Malone said he called the teen a racial slur but that Carter also called him a racial slur and challenged him to a fight while he was loading a swing into his trailer. He then responded by inviting Carter onto his property, the police report states. Malone said the teen threw the first punch.
While Malone was telling an officer his side of the story, he continued to refer to the boy with a racial slur, the report states.
Malone’s account was contradicted by Carter and other witnesses, according to a police report.
Carter told police that Malone started the fight by repeatedly calling him a racial slur while he and two other juveniles were walking to the store.
They also state Malone grabbed the teen by the hair and threw the first punch to his face. They claimed Carter went onto Malone’s driveway, but Carter said he was on the edge of the driveway when he was attacked.
When speaking with a reporter last week, Malone said the fight happened within the context of ongoing tension in the neighborhood between whites and blacks.
He blamed what called he “undesirables” — who he said could be of any color — for dragging down a neighborhood he had lived in for 51 years and forcing him to move to Freeburg.
He pinpointed a nearby residence where the youth had been hanging out for causing many of the problems.
“These were the families that ran us out,” he said.
Carter said he didn’t know Malone prior to the incident.
The report further states a witness told police that Malone threatened juveniles at the aforementioned residence by telling them he has a gun and would not be afraid to use it on them.
County Board Chairman Mark Kern said Friday, before the hate crime charges were filed against Malone, that his fellow Democrat should resign from the Board of Review.
“He’s an elected official — it’s his decision — but my opinion is he should resign,” the county’s top official said. “The facts are clear after seeing (newspaper) reports and the police reports.”
Kelly has referred the matter to the U.S. Attorney’s office for consideration of civil rights violations.
“The defendant’s actions were hateful and criminal, and his threats to the police officer were offensive and inexcusable,” Kelly stated in a news release.
The latter part of Kelly’s statement was made in reference to what Malone told a Cahokia police officer who originally cited him for misdemeanor disorderly conduct:
“I will call Brendan Kelly and have these charges dropped immediately,” Malone said according to a police report.
Malone went on to say he would have the officer’s job.
The misdemeanor charges against Malone and Carter have been dismissed this past week by village of Cahokia attorney Carmen Durso, allowing the state’s attorney to take the case and file the felony charges against Malone.
Kelly would not comment on whether Carter would face charges because he is a juvenile.
Carter’s mother, Yolanda Rice, referred questions to her attorney, Justin Mattea. Police told Rice no charges would be filed against her son, Mattea said,
adding he had received no direct information about whether that is the case.
“I would be shocked if he is (charged),” Mattea said.
Both Rice and Malone said they planned to meet with their attorneys to discuss possible further legal actions. State statute allows the victim of a hate crimes case to file a civil lawsuit against the suspect, independent of any criminal court proceedings.
Mattea said he is exploring whether a claim should be filed and expressed concern about Malone’s fairness in carrying out his official duties in light of his racial comments.
Village Trustee Phyllis Pearson, who had served on the Village Board with Malone’s wife, JoAnn, said she was disappointed in her friend.
Pearson said it would be in Malone’s best interest for him to resign.
“He stooped to the child’s level,” said Pearson, who is black.
Pearson said people previously told her Kevin Malone was racist but she hadn’t ever seen him display that type of behavior before.
“He should apologize to that kid,” Pearson said.
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