South Linden man guilty of menacing gay man at North Side gym | The Columbus Dispatch

A Franklin County jury needed only an hour of deliberations on Friday to convict a South Linden man of ethnic intimidation for menacing a gay man at a North Side fitness club.

Michael D. Smith, 41, of E. 21st Avenue, was charged with the offense after he made anti-gay remarks toward the man and had to be restrained by two other gym members on Aug. 23 at Cal Fit 10, 1575 E. Dublin-Granville Rd.

Columbus police became aware of the incident three days later when the gym manager informed Smith through an e-mail that his membership had been terminated, and Smith responded with two brief e-mails filled with profanity and gay slurs.
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Ethnic intimidation is a “seldom-used charge” in the city code, said Lara Baker-Morrish, the city’s chief prosecutor.

The charge requires proof that the defendant assaulted or menaced someone because of, among other things, the victim’s age, race, religion or sexual orientation.

“To prove that was the motivation is difficult,” Baker-Morrish said.

South Linden man guilty of menacing gay man at North Side gym | The Columbus Dispatch