Seven Latino residents, including four children, were shot by a 74-year-old white man in my hometown of Crete, NE, in June. On Friday, June 28, 2024, in a rural town of about 7,500, Billy Booth, white, opened fire on his own neighbors, Guatemalan immigrants, with a shotgun from a window of his home before killing himself.[1] The children were ages three to ten, playing in the front yard, some on their bikes before shotgun blasts dented their helmets.

Authorities currently do not believe there was any verbal contact that led up to the shooting, but there had been a “prior history” of the shooter and some members of the victims’ families.[2] Earlier this year, the victims had reported to Crete police that Booth “had flipped them off, told them ‘to go home’ or ‘back to where they came from,’ and ‘speak English.’”[3]

According to their 2022-2023 Annual report and 2022-2023 statistics from the Nebraska Department of Education, Crete Public Schools served 2,230 enrolled students with English Learners making up 29% of the student body; the peer public school average is 7%.[4] 61% of CPS students receive free/reduced lunch (the peer average is 38%) and 62% of students are Hispanic or Latino.[5] Only 33% of students at Crete Public Schools are white. For Nebraska, Crete has one of the highest percentages of Hispanic or Latino residents in the state.[6]

Miraculously, all seven victims survived. The children are back in school this fall, and Crete, as a community, has tried to move on. But questions remain: how could something like this happen in a place like Crete? Will the family find justice for the harm they suffered? And most importantly, will racially motivated acts of violence continue to harm innocent people?

Anti-Latino Hate Crimes & Reporting in Nebraska

The FBI has defined a “hate crime as a committed criminal offense which is motivated, in whole or in part, by the offender’s bias(es) against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.”[7]

Anti-Latino hate crimes in the U.S. have risen in recent years amid “harsh and racist rhetoric” about immigration from Latin American countries.[8] According to data from the Center for the Study of Hate and Extremism at California State University, San Bernardino, anti-Latino hate crimes increased by 2.8% from 2021 to 2022 and by 41% from 2020 to 2021 in major U.S. cities.[9]

When crimes are motivated by hate in Nebraska, enumerated offenses are typically categorized into the following higher penalty classification.[10] For instance, a Class I misdemeanor, like assault in the third degree, is raised to felony status.[11] Additionally, in 1997, the Nebraska legislature enacted Legislative Bill 90, known as the Hate Crime Bill, which led the Nebraska Crime Commission (NCC) to establish the first reporting system for hate crimes.[12] Law enforcement agencies in Nebraska voluntarily provide quarterly reports to the NCC that detail hate crimes occurring in their areas.[13] These reports include information such as the nature of the crime, a general overview of the location where it took place, and the bias or motivation behind the offender's actions.[14] In 2022, there were six reports of anti-Latino hate crimes; in 2023, there were zero reports.[15] Importantly though, there were 14 less law enforcement agencies participating in the state-wide report and an overall decrease of 2.1% for all hate crimes in Nebraska.[16] It is hard to predict if data from 2024 will follow this decreasing trend or show an uptick.

While the Crete shooting remains under investigation, the Nebraska State Patrol has yet to determine if the shooting will be classified as a hate crime.[17] 

“White Replacement Theory”

In March 2024, a trial court in Buffalo, NY ruled that a lawsuit against the most prominent social media companies, including Meta, Alphabet, Google, YouTube, Discord, Reddit, and Amazon, in the wake of the 2022 mass shooting in Buffalo could proceed to discovery.[18] The 2022 Buffalo shooting was a racially motivated killing of ten Black people at a supermarket by a white 20-year-old named Payton Gendron. Gendron “sought out a historically Black neighborhood and drove hundreds of miles from his home to commit this atrocious attack.”[19] Gendron was motivated by “white replacement theory,” learning about this dangerous and baseless ideology “from information and posts on the defendants[’] platforms.”[20] The plaintiffs now seek to hold the social media platforms accountable for “indoctrinate[ing] him” with this theory.[21] While the federal case against Gendron is ongoing, he pled guilty to state charges in 2023 and is serving a life sentence with no chance of parole.[22]

“White replacement theory” is the idea that nonwhite people, outsiders, strangers, or foreigners will take over the U.S. via immigration, reproduction, and seizure of political power. Also referred to just as the “great replacement” theory, this dangerous ideology “often uses martial and violent rhetoric of a migrant ‘invasion’ that must be stopped before it ‘conquers’ ‘white America,’” according to the National Immigration Forum.[23] Many versions of this theory have been and continue to be used by white supremacists or antisemites to push fearmongering conspiracy theories, most recently to proliferate anti-immigration sentiments regarding the U.S. southern border, targeting Latino residents.

“White replacement theory” has been behind other deadly mass shootings that targeted Latino people. In August 2019, 23 people were killed and 22 more were injured in a mass shooting at a Walmart in El Paso, Texas.[24] Patrick Crusius, a 21-year-old white man, drove 10 hours from Allen, Texas, to target Latino shoppers, according to his manifesto that referenced the “great replacement” theory and expressed fears of a “Hispanic invasion of Texas.”[25] Crusius was sentenced to 90 consecutive life sentences.[26]

Nearly five years later, aggrieved white men continue to turn to violence against Latino immigrants they perceive as threats to the white race and their way of life, even in rural America. 

When Hate Speech Protections Lead to Violence

While Nebraska law enforcement continue to investigate the Crete shooting, two things are clear: 1, this violence could have very well resulted in a mass shooting like Buffalo or El Paso leaving many dead, and 2, Booth had a history of anti-Latino actions. Again, just earlier this year, the victims had reported to Crete police that Booth “had flipped them off, told them ‘to go home’ or ‘back to where they came from,’ and ‘speak English.’”[27]

Under U.S. law, there is no legal definition of “hate speech.” Generally, hate speech includes “any form of expression through which speakers intend to vilify, humiliate, or incite hatred against a group or a class of persons on the basis of race, religion, skin color, sexual identity, gender identity, ethnicity, disability, or national origin.”[28] However, hate speech is generally protected under the First Amendment. “Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful, but the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate,’” the Supreme Court has declared.[29] Race targeted fighting words are protected if they do not “incite violence.”[30]

There has been much debate about the moral righteousness of hate speech protections in a liberal democracy and controversy regarding the outer counters of the American value of free speech.[31] The difficulty with drawing the line at “inciting violence” is the way hate speech has proliferated unabashedly online, as shown in both the El Paso and Buffalo shooters actions. Evidence suggests both shooters learned, researched, and otherwise engaged with the hateful rhetoric behind the “white replacement theory” online, ultimately informing their manifestos and killings. “With the rise of technology and the anonymity of online speech, it is nearly impossible to say who[se] words directly led to violence, and therefore, very little protection (if any) is offered to minorities who are the target of this speech online and the violence caused by it.”[32] While information is still being gathered, it is quite possible the Crete shooter also learned about the “white replacement theory” online and engaged with hate speech on the internet that informed his violent actions. 

It is essential to implement better restrictions and regulations of hate speech because of the increasing violence directly linked to racist hate speech, particularly on the internet. The U.S. has become a haven for hate speech, especially online. But like in Crete, hate speech inspires violence that takes a much more deadly form. Hate speech, particularly when informed by the “white replacement theory,” will continue to lead to anti-Latino hate crimes and other acts of violence against nonwhite people.

***

When Booth shot his neighbors in Crete, Nebraska, this summer, one of the victims was sitting in her home’s front yard with her sister, watching children play.[33] Soon, the bike helmet on her 3-year-old grandchild flew off his head, struck by pellets from a shotgun blast. When she came to his aid, she was also shot.[34] When the violence ended, seven people, including four children, were shot by Booth, “a reclusive man with a history of conflicts with his neighbors,” who laid dead in his home from a self-inflicted gunshot wound.[35]

Booth told his neighbors to “go back to where they came from” and “speak English.” When they did not, he tried to kill them. The cultural and ethnic diversity of my small town is what makes Crete a special place. Learning from and alongside friends who had entirely different backgrounds than me was the most formative part of my education. Minority-majority communities will soon be the norm for most of America, despite some white people’s wishes to “go back where they came from.”

The U.S. must reckon with its acceptance of hate speech, the growing danger of the “white replacement theory,” and recent anti-Latino hate crimes. Minority-majority communities like my hometown are beautiful because of their diversity; safeguarding the richness and importance of our melting-pot identity is critical to the future of the U.S. We must prevent the shootings and violence before it happens by re-evaluating our protective relationship with hate speech.


 


[1] Raja Razek, Nebraska authorities investigating if race played a role in shooting that wounded 4 children and 3 adults, police chief says, CNN (July 2, 2024), https://www.cnn.com/2024/07/01/us/nebraska-crete-shooting-reaj/index.html [https://perma.cc/6HLY-AH4C]. 

[2]Id. 

[3]Id. 

[4]Crete Pub. Schools, 2022–2023 Annual Report, https://core-docs.s3.us-east-1.amazonaws.com/documents/asset/uploaded_file/4360/CPS/4387806/24-CPS-0001_Crete_Public_Schools_2022-2023_Annual_Report-English-v1-web.pdf [https://perma.cc/8L27-SQMR].

[5]Neb. Dep’t of Educ., Crete Public Schools 2022–2023 District Snapshot, https://nep.education.ne.gov//snapshot.html#76-0002-000 [https://perma.cc/8REU-P365].

[6] Luna Stephens, ‘This isn’t who Crete is’: Nebraska town continues to recover from June shooting that injured 7, Omaha World-Herald (Sept. 16, 2024), https://omaha.com/news/state-regional/crime-courts/this-isnt-who-crete-is-nebraska-town-continues-to-recover-from-june-shooting-that-injured/article_78419f1a-7076-11ef-bcd3-57d675ea456c.html#tncms-source=login [https://perma.cc/V4LY-N528].

[7]Hate Crime Statistics, FBI, https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/ucr/hate-crime [https://perma.cc/KRZ9-A5GR].

[8] Russel Contreras, Racist rhetoric stokes fears, Axios (Mar. 14, 2024) https://www.axios.com/local/san-antonio/2024/03/14/racist-rhetoric-stokes-fears [https://perma.cc/MS54-5Y8D].

[9] Albinson Linares and Noticias Telemundo, Rise in hate crimes includes a ‘significant increase’ against Latinos, NBC News (Nov. 3, 2023), https://www.nbcnews.com/news/latino/hate-crimes-latinos-see-significant-increase-rcna123211 [https://perma.cc/HZF9-ZEFL].

[10]Hate Crimes & Guns in Nebraska, Giffords L. Ctr. (Sept. 9, 2024), https://giffords.org/lawcenter/state-laws/hate-crimes-guns-in-nebraska/ [https://perma.cc/EW88-MGKH].

[11]Id.

[12]Neb. Comm’n on L. Enf’t and Crim. Just., Crime in Nebraska (2023), https://ncc.nebraska.gov/sites/default/files/doc/2023%20Crime%20in%20Nebraska%20Report.pdf [https://perma.cc/D44M-V6AG].

[13]Id.

[14]Id.

[15]Id.

[16]Id.

[17] Stephens, supra note 6.

[18] Thomas P. Kurland, Shelly Attadgie, & Jabari Matthew, Is a Platform Also a Product? One New York Court Says Yes, and It’s Not Alone, N.Y, L, J. Online (Mar. 28, 2024).

[19]Patterson v. Meta Platforms, Inc., No. 805896/2023, 2024 N.Y. Misc. LEXIS 2312, at *2 (Sup. Ct. Mar. 18, 2024).

[20]Id. at *3.

[21]Id. at *4.

[22]Buffalo shooter who killed 10 at Tops supermarket to face death penalty in federal case, CBS News (Jan. 12, 2024) https://www.cbsnews.com/news/buffalo-shooting-tops-supermarket-payton-gendron-death-penalty/ [https://perma.cc/6KFX-Y4EF].

[23]The ‘Great Replacement’ Theory, Explained, National Immigration Forum (Dec. 1, 2021), https://immigrationforum.org/wp-content/uploads/2021/12/Replacement-Theory-Explainer-1122.pdf [https://perma.cc/2X4Y-LX8X]. 

[24] Office of Public Affairs, Texas Man Sentenced to 90 Consecutive Life Sentences for 2019 Mass Shooting at Walmart in El Paso, Texas, Killing 23 People and Injuring 22 Others, U.S. Dep’t of Just. (July 7, 2023), https://www.justice.gov/opa/pr/texas-man-sentenced-90-consecutive-life-sentences-2019-mass-shooting-walmart-el-paso-texas [https://perma.cc/7PX6-CWE5].

[25] Tim Arango, Nicholas Bogel-Burroughs, and Katie Benner, Minutes Before El Paso Killing, Hate-Filled Manifesto Appears Online, N.Y. Times (Aug. 3, 2019), https://www.nytimes.com/2019/08/03/us/patrick-crusius-el-paso-shooter-manifesto.html.

[26] FBI report

[27] Razek, supra note 1.

[28] American Library Association, Hate Speech and Hate Crime, https://www.ala.org/advocacy/intfreedom/hate [https://perma.cc/A4RD-5U4W].

[29] Matal v. Tam, 582 U.S. 218, 246 (2017) (citing United States v. Schwimmer, 279 U.S. 644, 655 (1929) (Holmes, J., dissenting)).

[30] Dambrot v. Cent. Mich. Univ., 55 F.3d 1177, 1184 (6th Cir. 1995).

[31] See Kenneth Ward, Free Speech and the Development of Liberal Virtues: An Examination of the Controversies Involving Flag-Burning and Hate Speech, 52 U. Miami L. Rev. 733, 765–92 (1998).

[32] Eleanor Boatman, The Kids Are Alt-Right: How Media and the Law Enable White Supremacist Groups to Recruit and Radicalize Emotionally Vulnerable Individuals, 12 L. J. Soc. Just. 2, 6 (2019).

[33] Henry J. Cordes & Luna Stephens, Crete, Nebraska: 7 shot in ‘welcoming community’ by neighbor who ‘hated everybody’, Omaha World-Herald (June 30, 2024), https://omaha.com/news/state-regional/crime-courts/crete-nebraska-7-shot-in-welcoming-community-by-neighbor-who-hated-everybody/article_38f9bd04-366c-11ef-a817-139581d0dde9.html [https://perma.cc/49VJ-WX6Q].

[34] Id.

[35] Id. 

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Photo 1: Chris Machian, The World-Herald, "A rosary can be seen hanging through a window that was shot in a vehicle in Crete, Neb. in a shooting on Friday that sent seven to the hospital, photographed on Saturday, June 29, 2024."
 
Photo 2: Chris Machian, The World-Herald, "A window was shot in a vehicle in Crete, Neb. in a shooting on Friday that sent seven to the hospital, photographed on Saturday, June 29, 2024."
 
Photo 3: Chris Machian, The World-Herald, "A window was shot out in a vehicle with a child car seat in Crete, Neb. in a shooting on Friday that sent seven to the hospital, photographed on Saturday, June 29, 2024."
 
Photo 4: Chris Machian, The World-Herald, "Alberto Bautista stands in the front yard where he and six other people were shot the day before in Crete, Neb. on Saturday, June 29, 2024."
 
Photo 5: Chris Machian, The World-Herald, "Alberto Bautista holds the helmet his three-year-old grandson was wearing when he and six other people were shot the date before in Crete, Neb. on Saturday, June 29, 2024. The helmet has marks from the shotgun blast."
 
More pictures are available here.

 

Published:
Sunday, November 24, 2024