People v. Davis

Following a bench trial, James Davis (defendant) was convicted of aggravated battery and hate crime and received concurrent two-year prison terms and a $5,000 fine. On appeal, defendant challenges only his hate crime conviction. For the reasons that follow, we affirm.

On March 12, 1994, Michael Whitlow (Whitlow) went to Joe Bailey’s Restaurant with a friend, Marc Henry (Henry), to check that night’s basketball returns. Each had one drink at the bar before leaving. Whitlow is an African-American, while Henry is Caucasian.

Whitlow testified that, as the two friends exited Joe Bailey’s, he was…