PERINTON, N.Y. – The man arrested for attacking a hiker in Perinton is officially charged with hate crimes. Derrick Van Epps pleaded not guilty to attempted murder as a hate crime and assault as a hate crime. He’s back in the county jail.
The D.A.’s office and the grand jury believe that Van Epps attacked the victim because of his race, skin color and national origin and that Van Epps singled the victim out because of those factors.
Stephen Ryck, Assistant District Attorney: “So in this case in particular the indictment is that the defendant selected this victim on account of his race, color, national origin or ancestry.”
The attack happened three weeks ago at the top of the Indian Hill Trail off Route 31. Dylan Ghaemi says he was jumped from behind by a man with a knife. He said the two said hello as they passed each other on the trail moments before. Ghaemi had cuts to his head and neck. His hands were heavily bandaged from the cuts that happened as he fought off the attack.
Here’s what he told News10NBC Chief Investigative Reporter Berkeley Brean two days later.
Berkeley Brean, News10NBC: “Why do you think it happened?”
Dylan Ghaemi: “It’s up to the criminal process to figure it out. Obviously in today’s day and age being of my skin color, obviously that puts a target on my back.”
Berkeley Brean: “Do you have to prove hate an an element of the crime? Do you have to prove hate was intended here?”
Stephen Ryck: “What has to be proven is that the defendant selected this individual on the basis of his perception of the victim’s race, color, national origin or ancestry. So that’s really the only added element of proof as far as the hate crime goes.”
Van Epps is in jail on $50,000 bail. He does have a mental competency exam coming up. It’s an evaluation to see if Van Epps can mentally understand the case and assist in his defense. It was ordered by a judge when he was arrested and charged. It should happen in the next few weeks. The lawyers will talk about that when the case is back in court in September.
Brean texted Ghaemi after court. “Doing well, thanks for checking in,” he texted back. He was not in court for the arraignment.
News10NBC asked the New York State Office of Court Administration for data on hate crime murders, attempted murders and assaults. The court is compiling it.
In the meantime, a 2024 report by the state comptroller says the number of hate crimes upstate nearly doubled from 233 in 2020 to 420 in 2023. The number of assaults almost tripled from 161 in 2018 to 385 in 2022.
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