For more than a year, the Roque family attempted to seek justice after they were assaulted in what they and others believe was a hate crime. But, after seeking help from law enforcement and the court, they never received justice.
More than five months after their court case ended, the impact of the assault and their efforts to “stand up against hate,” has caused their hardships to intensify as the Roque family struggles to make ends meet.
While attending a remembrance Jan. 27 for Vicha Ratanapakdee – another victim of anti-Asian hate – the family revealed that their application with the California Victim Compensation Board (CalVCB) to get their lost wages from the days they had missed work to attend court had recently been denied. No clear reason was given for the rejection.
“We are living on paycheck to paycheck, struggling to pay the bills,” Patricia Roque said. “She [my mom] works 14 hours a day. So does my dad … and they would always come home very tired, feeling very disempowered, not knowing what to do tomorrow to try to survive.”
No Justice in Sight
On May 13, 2022, Patricia and Nerissa Roque, her mother, were in the drive-thru lane of a McDonald’s in North Hollywood when they were rear-ended by Nicholas Weber. He drove up next to them, hurled racial slurs at the Filipino family and drove off, but then returned and threatened to kill them.
The mother and daughter called 911 and then called Gabriel Roque, Patricia Roque’s father. He arrived before the police did. Weber attacked him, pushing him to the ground, breaking his rib. Weber wrapped his hands around Nerissa Roque’s neck. A bystander helped to subdue Weber and stayed at the scene until the police arrived. Patricia Roque captured the incident on video.
Right from the onset, the Roques had difficulty trying to receive help from the LAPD. The arriving officers initially reported the incident as a traffic collision and discouraged the family from pursuing the assault as a hate crime, saying it would be too costly.
The poor experience with law enforcement was echoed with the court system. The Roques were met with court delay after delay for several months. The family often missed work to attend the court hearings. It wasn’t until March 2023, nearly a year after the assault, that a preliminary hearing date was set.
AAPI, Asian American Pacific Islander organizations – including Anakbayan Los Angeles, the Filipino Migrant Center, the National Alliance for Filipino Concerns, Migrante LA and the Thai Community Development Center – formed a coalition called “Justice for the Roques,” holding news conferences and demanding that Weber be held accountable.
However, when the hearings began, the family felt they were being mistreated even further. Weber’s defense attorney’s line of questioning implied they were more interested in media attention and receiving donations than seeking justice. Additionally, part of Gabriel Roque’s testimony was thrown out due to a mistranslation by a court interpreter.
But the biggest blow to the case occurred on April 17, 2023, when Judge Neetu S. Badhan-Smith removed the hate crime enhancements from the assault charges. Although she said Weber had made “offensive and vulgar statements” against the family, she said the incident was “a general intent crime.”
She cited the time difference between the racial slurs being said by Weber and when the assault occurred, approximately 10-15 minutes later. The judge said Weber didn’t use more slurs when he returned to the location and engaged in the assault. Furthermore, the judge said Weber could be seen on video pushing a bystander before the altercation with the Roques.
According to the Los Angeles County Commission of Human Relations, hate crime charges may be filed when there’s evidence of bias, hatred or prejudice based on the victim’s real or perceived religion, race/ethnicity, ancestry, national origin, disability, gender or sexual orientation. Evidence of bias, hatred or prejudice can be direct or circumstantial, and it can occur before, during or after the commission of the offense.
Feeling that there would be no justice for them without the hate crime enhancements, the family settled for a plea deal in August 2023. Weber was sentenced to two years of probation and is required to complete 40 hours of an individual anti-bias treatment program and 40 hours of a group anti-bias treatment program, as well as participate in an 18-month alcohol program.
“I went there hoping the court would shed more light to what happened to us and, more or less, support our allegations that what happened was true,” Gabriel Roque said previously. “The [defense] lawyer said that my injuries were not caused by Weber but were caused by coughing. … Instead of getting the truth out, the truth was twisted; therefore, justice was not served.”
Jhenine Cordero, a youth leader for Anakbayan LA, said there’s a weakness in the justice system where it’s difficult to meet the criteria of something being a hate crime.
“It’s just not realistic to charge people for hate crimes because it’s still so limiting,” Cordero said. “How do you get justice in a system that isn’t designed to actually get you that justice? For us, it’s a weakness in policy itself and also the weaknesses in the current justice system and delivering comprehensive victim services to the family.”
The Struggle to Survive
While community organizations have raised money previously to support the Roques, they continue to struggle financially. Four members of the family – Gabriel, Nerissa, eldest daughter Ysabel and Patricia – are all living in a one-bedroom apartment. With the recent news of their CalVCB application being denied, it puts their future into even more uncertainty.
“It’s just been so hard to see them, every single night, arguing about how they would be able to manage all the bills that we have, the experiences that they’re having, and I can’t do anything about it,” Patricia Roque said, trying to hold back her tears.
“It’s been so hard. You would think that after the court case [ended] we would be able to move on, but no, not when you’re trying to survive, and that’s all what we’ve been doing. We haven’t had time to enjoy what it’s like to live here. Every day has been difficult.”
“We’re not asking for too much, we’re asking for what we need,” said Nerissa Roque, also choking back tears. “My husband before worked two jobs, but he can’t now [due to injuries caused by the assault]. I’m the one who’s working for our family.”
The Roques have since been working with the Filipino Migrant Center to try and find out what was wrong with their application and appeal it. Patrick Roque, the eldest son, said the family applied around last May when the case was still ongoing. While the reason for the denial is unclear, he finds it suspicious that the decision came after the case concluded.
“We think that they waited for our case to be over just so they have a reason to deny compensation for us,” he said.
The Roques have looked into relocation services, but they don’t consider it a feasible option because the amount they would receive in assistance would only equal one month’s worth of rent.
After the remembrance, the family talked about their ordeal to LAPD Deputy Chief Donald Graham, who tried to suggest different programs that could possibly offer assistance.
Patrick Roque, however, is skeptical after his family has been continuously disappointed, with this latest rejection feeling like a “slap in the face.”
Still, he’s resolved himself to keep pushing forward.
“Even though it’s been so long since the hate crime happened, the fight still goes on,” Patrick Roque said. “Like everyone was saying here, hate crimes aren’t stopping. The fight continues on, not just for us, but also other victims of hate.”
This resource is supported in whole or in part by funding provided by the State of California, administered by the California State Library in partnership with the California Department of Social Services and the California Commission on Asian and Pacific Islander American Affairs as part of the Stop the Hate program. To report a hate incident or hate crime and get support, go to CA vs Hate.