Two men charged with hate crimes for allegedly shouting anti-gay slurs while attacking SJSU student

SAN JOSE — Two men were charged with hate crimes for allegedly shouting anti-gay slurs while attacking a San Jose State University student on campus last week, prosecutors said.

Josue Medina Flores, a 19-year-old resident of Sunnyvale, and Christian Gabriel Nunez Petty, a 20-year-old resident of Fremont, were each charged with one count of felony assault with hate crime allegations and one count of misdemeanor battery, according to court records.

“If you hurt someone because of their race, religion, gender, or sexuality, you will be arrested and prosecuted,” District Attorney Jeff Rosen said in the news release. “Tolerance and diversity are cherished values in this community. We back up them with one voice – and the full might of the law.”

Neither of the defendants is affiliated with SJSU, said Sean Woodland, the university’s media relations manager.

Defense attorneys for Medina Flores and Nunez Petty could not immediately be reached on Wednesday.

The charges stem from an alleged attack that occurred around 3:44 a.m. on Saturday, according to a news release from the Santa Clara County District Attorney’s Office.

The victim left SJSU’s Campus Village with two female friends to get food and noticed the two defendants pacing around the quad as they passed through, according to a police report.

As the victim walked past the two defendants, they asked him if he was gay and began to shout anti-gay slurs. The victim’s group ignored the slurs and continued on their way.

Medina Flores and Nunez Petty then approached and attacked the victim as they were on a walkway between the Spartan Recreation and Acquatic Center and Joe West Hall, according to the police report. Medina Flores swung his arm toward the victim as soon as he got close to him.

During the attack, they allegedly punched the victim in the head more than two dozen times and kicked him, prosecutors said. They cornered him against a concrete wall as they continued to strike him, police said. They continually called the victim a slur throughout the attack.

One of the victim’s friends attempted to shield him from the attack and was hit in the chest and arm as well, authorities added.

San Jose State University Police arrested Medina Flores and Nunez Petty as they attempted to flee campus, prosecutors said. The incident was also caught on the university’s security cameras.

The victim was treated for his injuries at a hospital and later released. He sustained injuries including a “bump the size of a goose egg” on his head and a muscle contusion on his left arm, police said. He also reported soreness on other parts of his head.

Medina Flores and Nunez Petty were set to be arraigned at 1:30 p.m. on Wednesday at the Hall of Justice. If convicted on the charges, they could face time in prison.

This marks the 14th hate crime charge filed by the Santa Clara County District Attorney’s Office this year.

Medina Flores was charged in January with a felony count of carrying a loaded firearm in public, according to court records. He was out of custody with a plea hearing set for next month.