Why is this ok?

A Sikh man testifying in a hate-crime trial in Queens Tuesday identified the men who are charged with harassing him and another Sikh before assaulting them after an argument over their turbans.

Gurcharan Singh testified that, on July 11, 2004, he, his cousin Rajinder Singh Bammi, a friend of Bammi's and the friend's son were exiting a car when one of the defendants, Ryan Meehan, yelled, "Give me my curtain," outside the Villa Russo catering hall in Richmond Hill.

"I asked him, 'What do you mean, "Give me my curtain?"'" Singh told Justice Seymour Rotker, who is presiding over a non-jury trial involving five defendants in State Supreme Court in Kew Gardens.

Singh, 51, testified that moments later, another defendant, Terence Lyons, insulted his heritage.

"'You still here?'" Singh quoted Lyons as saying. "'Go to your home. Go to your country.' I said, 'Hey ... this is my country. This is my home, too.'"

The defendants began punching Singh before turning their attention to Bammi, 55, who was beaten into unconsciousness, Singh testified.

The defendants are Lyons, 54, of Elmont; Meehan, 25, of Woodhaven; and Salvatore Maceli, 27, his brother, Nicholas Maceli, 23, and their stepfather, Victor Consentino, 60, all of Valley Stream.

They are charged with second-degree assault as a hate crime, second-degree assault and second-degree harassment. If convicted, each faces up to 15 years in prison.

Defense attorneys conceded that the incident ensued from an inappropriate remark. But they contend the Sikh men were responsible for escalating the situation into a fight.

The attorneys said, for example, that even before the first punch was thrown, Singh refused to allow Consentino and Lyons to leave the area because he had called 911.

The attorneys also contend that their clients had no hateful intent during the incident.

Maybe I just don't "get it" if someone insults you and you call 911 how does it make it ok for them to beat you up until they are unconscious?
They were was another article in new york about how some joker who is a friend of the Gotti teenagers beat the crap out of a Sikh, an African American and a Caucasian over the coarse of 5 or 6 years, yet none of that has been labeled as a hate crime. What does he have to do? Kill someone?...oh wait he almost did.

At least he was indicted

October 28, 2005 -- A grand jury yesterday voted to indict accused Howard Beach racial bat attacker Nicholas "Fat Nick" Minucci on 19 counts of assault as a hate crime, robbery and possession of stolen property and weapons, prosecutors said.

Minucci, 19, has been in jail since his arrest on June 29, when he and a buddy allegedly attacked 22-year-old Glenn Moore, who is African-American, in the predominantly white Howard Beach section of Queens.

"I think it's a step in the right direction," said Rev. Al Sharpton, who visited Howard Beach days after the attack and has called for swift prosecution.

Sharpton said he was pleased with the news.

"I've said from the beginning that the act was criminal and race-based. And it's appropriate that he'll have to defend his actions in a court of law."

According to the charges, the violence unfolded at about 3:30 a.m. when Minucci and a pal, 22-year-old Anthony Ench, set upon Moore and two pals near the corner of 160th Avenue and 78th Street.

The three black men later admitted they were in the area to steal a car, but said they hadn't succeeded in doing so. Minucci, in his statement to police, claimed the men had tried to rob him.

Prosecutors say Minucci struck Moore in the head with a bat while Ench kicked him.

Ench pleaded guilty to attempted assault as a hate crime and attempted robbery earlier this month