People v. Redwood

In January 2002, the trial court dismissed the charges against defendant, Erik S. Redwood, for failure to state an offense as a matter of law. The State appeals. We affirm.

On October 14, 1999, defendant was indicted for a hate crime, a Class 4 felony, in that:

“[T]he said defendant, by reason of the perceived race of Harvey Welch, knowingly committed Disorderly Conduct against Harvey Welch, in violation of 720 Illinois Compiled Statutes, 5/26 — 1(a)(1), in that he yelled across the street at Harvey Welch, ‘How long are you going to be a shoe-shine boy?’, in such an unreasonable manner as to…