No hate crime charge in Bellingham park assault; racial slurs went both ways, police say
Prosecutors will not pursue a hate crime charge against a Bellingham man who was arrested Saturday in connection with an altercation at Cornwall Park, during which one man was repeatedly punched in the face and threatened with a screwdriver. Court documents indicate both the victim and his alleged assailant used racially charged language during the fight.
An official with the Whatcom County Prosecutor’s Office told The Bellingham Herald late Monday that Timothy Duane Franklin, 51, will only face a single count of second-degree assault for an incident that injured a 31-year-old Bellingham man.
In a hearing Monday afternoon in the jail courtroom, court Commissioner Ann Vetter-Hansen set bail at $20,000, with a cash alternative. Vetter-Hansen set another court hearing for July 12.
Although police booked Franklin, who is black, into the Whatcom County Jail on assault and hate crime charges Saturday, a probable cause affidavit indicates both Franklin and the victim, who is white, used racial slurs during the 5 p.m. Saturday incident.
“Franklin called the victim a (racial slur) first. The victim called Franklin a (racial slur) after being assaulted and being called a (racial slur) first,” police Officer Obed Camacho wrote in a probable cause statement that was included with charging documents filed Monday in Whatcom County Superior Court.
Statements from both the victim and a witness — who is related to Franklin — showed disagreement over how the fight started, according to the probable cause affidavit.
Both parties accused the other of being the aggressor.
“Franklin seemingly attacked (the victim) unprovoked. Franklin punched the victim in the face. The victim has lacerations on his neck and back that were consistent with puncture wounds from a screwdriver. Franklin caused significant physical harm to the victim,” Camacho said in the statement.
A second witness saw the victim following Franklin through the park and helped the victim call 911. The victim was treated and released from St. Joseph Medical Center, police said.
Franklin has been arrested several times for crimes involving violence, and was sentenced to a year in prison in 2023, according to online court records.
Most recently, he was released May 16 after serving 45 days for spitting on a man and threatening him with a machete.
Second-degree assault is a class B felony under Washington state law, punishable by up to 10 years in prison and a $20,000 fine, or both.
