For families throughout Fresh Meadows, Hillcrest, Jamaica Estates, and nearby Queens neighborhoods, Bagels & Co. on Union Turnpike is a familiar part of the local landscape. Customers stop in for breakfast, students come through after school, and neighbors recognize the faces behind the counter.

That routine was disrupted after the Jewish-owned kosher business, where Israeli flags and banners were prominently displayed, was allegedly targeted twice in May. More than two months later, those flags remain proudly displayed above the storefront, a visible sign that the owners have not allowed the alleged attacks to change the character of the business.

Queens District Attorney Melinda Katz announced Friday, July 31, that Dawood Faisal, 22, of Fresh Meadows, had been arraigned on a criminal complaint charging him with third- and fourth-degree criminal mischief as hate crimes, along with third- and fourth-degree criminal mischief.

“As alleged, this defendant repeatedly targeted a Jewish-owned business and destroyed property in a vile act of anti-Semitism,” Katz said. “Incidents such as this extend beyond one target and spread fear to an entire community. I thank my dedicated Hate Crimes Bureau, which is committed exclusively to preventing, investigating, and prosecuting hate crimes, for its work on this case.”

According to prosecutors, the first incident occurred on May 15 at approximately 6:18 p.m. Faisal allegedly knocked over nine metal plant stands outside Bagels & Co., causing plants and dirt to spill across the sidewalk. Prosecutors say he then picked up a fistful of dirt and twice hurled it at the outside wall of the store.

Eight days later, at approximately 1 a.m. on May 23, prosecutors say Faisal returned and pushed and kicked 11 metal plant stands, again spilling their contents onto the sidewalk. He allegedly emptied what remained in the stands and attempted to kick over a large clay pot. When he was unable to knock it over, prosecutors say, he ripped plants from that container and others.

The NYPD Hate Crimes Task Force investigated the incidents.

Hundreds of patrons later gathered at Bagels & Co., filling the store and sidewalk while carrying Israeli and American flags and purchasing food in a show of support.

The Israeli flags displayed when the alleged vandalism occurred were not removed afterward. They remain above Bagels & Co. today as customers continue walking through its doors.

Owner Hila Ashkenazi, an IDF veteran, made clear after the incidents that she would not be intimidated or conceal the symbols outside her business. Residents responded by returning to the store and publicly supporting it.

“We aren’t going to take down our flags or change how we live,” said Queens Shmira Coordinator Avraham Pinkhasov. “We’re going to continue being proud Jews, supporting our community, and looking out for one another.”

Under New York law, certain offenses can be prosecuted as hate crimes when authorities allege that the victim or target was intentionally selected, in whole or in substantial part, because of a protected characteristic such as religion or national origin. Prosecutors must prove both the underlying offense and the alleged bias motivation.

Faisal was arraigned this past Tuesday. If convicted of the top charge, he faces up to seven years in prison.

Faisal was separately indicted in June on manslaughter, assault, and other charges stemming from the May 25 death of 71-year-old Cara Trager.

Prosecutors allege that Faisal sped through two red lights on Francis Lewis Boulevard and collided with two vehicles. One was propelled into a crosswalk, where it struck Trager and her husband. Trager died from her injuries.

The two prosecutions are separate. Authorities have presented no evidence that Trager was deliberately targeted because she was Jewish, and the fatal collision is not being prosecuted as a hate crime.

For the Fresh Meadows Jewish community, the response can still be seen on Union Turnpike. Bagels & Co. remains open under VHQ kosher certification, patrons continue to walk through its doors, and the Israeli flags that were there when the business was allegedly targeted are still flying proudly.

By Shabsie Saphirstein

 

HATE CRIME VS. ORDINARY CRIME

The Act

Ordinary Crime: A criminal act on its own.

Hate Crime: The same underlying crime, with an alleged bias motivation.

Impact

Ordinary Crime: The immediate victim or property is targeted.

Hate Crime: A victim is allegedly selected because of a protected characteristic, with an impact that can extend to the wider community.

Example

Ordinary Crime: Vandalism of a business.

Hate Crime: Vandalism of a business allegedly motivated by anti-Semitism.

How Is Bias Established?

Investigators and prosecutors may consider the specific target chosen, statements or actions during the incident, and other corroborating evidence. Disagreement, criticism, or offensive speech alone does not constitute a hate crime.