Chittenden County State’s Attorney Sarah George says she does not expect to file a hate crime enhancement against the man accused of shooting three Palestinian students on a Burlington sidewalk last year.
George told reporters on Tuesday that authorities have still not turned up evidence to support such a charge against Jason Eaton, who faces three counts of attempted second-degree murder for shooting the young men near the University of Vermont campus.
The decision could change if new evidence comes to light, George said.
In Vermont, hate crime enhancements can lead to additional punishment if prosecutors can prove beyond a reasonable doubt that a defendant acted, at least in part, because of a victim’s identity.
Hisham Awartani, Tahseen Ali Ahmad and Kinnan Abdalhamid have said they believe they were targeted as they walked together on North Prospect Street on November 25, 2023, weeks after the war in Gaza began. The men had been speaking a mix of English and Arabic; two wore kaffiyehs, a distinctive patterned scarf that is a symbol of Palestinian identity.
Eaton, according to police, did not say anything to the men before opening fire and wounding all three, leaving Awartani partially paralyzed. Authorities, including George, have called the shooting a “hateful” act but have consistently said they lacked evidence to support a hate crime charge.
In the weeks following the shooting, Seven Days reviewed Eaton’s online activities and interviewed his previous landlords, romantic partners and others. A portrait emerged of a complicated person with mental health struggles and political views that are not easy to pigeonhole. He’d made some posts on X, formerly Twitter, that suggested sympathy with Palestinian fighters.
Eaton has acted unusually at points during the criminal case — and at one point, his attorneys alluded to mental health concerns. Earlier this year, he unsuccessfully asked a judge to assign him new counsel, then read from prepared remarks in open court after the judge denied his request to hold the hearing behind closed doors.
Eaton did not attend a brief court hearing held on Tuesday. His public defender, Peggy Jansch, told a judge that a psychiatrist had evaluated Eaton and concluded that he was competent to stand trial.
The case, nonetheless, faces further delays. Jansch asked to push back a December 16 deadline to complete witness depositions until June 2025, citing upcoming trial schedules and her own anticipated medical leave. Jansch’s co-counsel on the case, Sarah Varty, left her position earlier this year.
George protested Jansch’s request on the grounds that it would delay trial until the end of 2025 or beyond.
“I think these cases need to move faster,” George told Superior Court Judge John Pacht.
Pacht set a new deadline of May 31 for the sides to complete roughly 30 witness depositions.
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This article appears in Nov 6-12, 2024.
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