SIOUX FALLS S.D. (KELO) — After a man was arrested late Friday night for destruction of property and disturbing the peace, the victim is now calling for a revision to South Dakota’s hate crime law.
According to Sioux Falls Police Department Spokesman Sgt. Aaron Benson, at around 11:30 p.m. on Friday, multiple residents in the McKennan Park neighborhood called police about a man who had been yelling offensive and derogatory statements out loud that were directed to the residents of two different locations in that neighborhood.
While outside the second victim’s home, the man continued to yell derogatory words towards the victims and began to break off tree branches of a tree that belonged to the victim.
Police then arrived, saying they could hear the derogatory remarks from about a block away and took Caldwell into custody for disturbing the peace and intentional damage to property.
Police said the offender is Rusty A. Caldwell, 43, of Sioux Falls.
According to court records, Caldwell isn’t facing any charges for Friday’s incident. Both destruction of property and disturbing the peace, are Class 2 misdemeanors, police noted.
Caldwell was released from jail Saturday, according to online records. This story will be updated if charges are filed in Minnehaha County.
In a social media post, the victim of Friday’s incident pointed to current South Dakota hate crime law, saying it did not adequately protect him against discrimination based on his sexuality.
“South Dakota, specifically, can and should do better. Our laws should protect every citizen from hate-driven violence, including those targeted because of sexual orientation. No one should have to wonder if their safety matters less under the laws simply because of who they love,” the social media post showing an arrest late at night said.
KELOLAND News has reached out to the victim and will update this story if a response is received.
South Dakota law 22-19B-1 states: “no person may maliciously and with the specific intent to intimidate or harass any person or specific group of persons because of that person’s or group of persons’ race, ethnicity, religion, ancestry, or national origin.”
South Dakota state law does not include sexuality protection under the hate crime statute.
In 2020, KELOLAND Investigates highlighted the law and found the state’s law against malicious intimidation or harassment does not apply to sexual orientation, even though the South Dakota Attorney General’s website lists it as a hate crime.
Benson said situations like this have come up in the past. He said, according to state law, this incident can’t be described as a hate crime.
“South Dakota state law at the time right now lists race, ethnicity, religion, history, ancestry, or national origin as the groups of people protected by the malicious intimidation or harassment law. This incident did not fit the qualifications for that at this time,” Benson said.
Benson added in this case the victim did the right thing in this scenario.
“If there is some concern that somebody’s yelling things, it doesn’t matter what they’re saying as far as if it’s being loud and offensive at any time of the night, that would be something you want the police to handle,” Benson said. “You don’t want to go out there and handle that yourself or try to have a discussion with these people. It’s just best to lock the door and call 911 and have the police response to handle it.”
