40 Days Jail for Abusing Indians in U.S.

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Key Takeaways:

Esmeralda Upton received a 40-day jail sentence for racially abusing and assaulting four Indian American women in Plano, Texas.
Upton pleaded guilty to charges including assault and terroristic threats with hate-crime enhancements, highlighting her racial bias and prejudice.
Victims recorded the incident, which went viral; legal consequences included probation, jail time, and fines for each charge.

What Led to the 40-Day Jail Sentence for Esmeralda Upton?

In August 2022, a troubling incident of racial abuse unfolded in Plano, Texas. Esmeralda Upton verbally assaulted and physically attacked four Indian American women outside Sixty Vines restaurant. This case has recently concluded with Upton being sentenced to 40 days in jail. Let’s delve into the details.

40 Days Jail for Abusing Indians in U.S.

What Happened Outside Sixty Vines Restaurant?

On August 24, 2022, Esmeralda Upton targeted four Indian American women, unleashing a torrent of verbal abuse. She shouted, “I hate you fu*king Indians. We don’t want you here” and used derogatory terms such as “curry ass bitches.” Her attack wasn’t limited to insults; she physically assaulted three of the women and threatened to shoot them, saying, “Go back to India… If things are so great in your country, then stay there!”

One of the women managed to capture the incident on her phone, while another called 911. Fortunately, the police arrived in time to de-escalate the situation. The video went viral, sparking worldwide outrage against Upton’s behavior.

Why Was Esmeralda Upton Sentenced to Jail?

Nearly two years later, Esmeralda Upton, aged 59, was sentenced to 40 days in jail by a county court. She pleaded guilty to multiple charges, including assault and making terroristic threats with hate-crime enhancements. The hate crime enhancement was added since Upton “intentionally selected the victim because of Upton’s bias and prejudice against the victim’s race and national origin,” according to the Collin County District Attorney’s Office.

What Are the Legal Details of Upton’s Conviction?

Upton’s charges include four state hate crime charges: three misdemeanor assault charges and one misdemeanor charge of terroristic threat. All these charges were filed under the Texas hate crime enhancement statute. Her sentence includes two years of community supervision probation and 40 days in Collin County Jail. She was also fined $500 for each charge.

How Did the Victims React to the Incident?

Anamika Chatterjee, one of the victims, took to social media and shared, “Four friends who were spending a nice evening in a free democratic country with rule of law were verbally abused using racial slurs and thereafter, threatened and body shamed by a complete stranger.” Another victim added, “We feared for our lives because she was extremely agitated and seemed totally out of control. We called cops who came in time and diffused the situation.”

What Did the Arrest Affidavit Reveal?

The arrest affidavit provided a detailed account of the incident. The women told police that Upton approached them, yelled at them to go back to India, and accused Indians of ruining the country. When the group began recording, Upton hit them, a fact she admitted to and was captured in the viral video. Upton also made racially charged comments during her interaction with the police.

Upton admitted to police she struck one of the women because “they were videoing and saying all of this (expletive) that I wasn’t doing. And that’s what they do. Just like the Black people.” She added that she became agitated when the women called her a “white woman,” claiming she was a “first generation” American, although she later corrected herself to “second generation,” identifying as “Mexican-American” and “Native-American.” She also mentioned living in a $1.5 million home.

What Were Some of Upton’s Threats?

One of the videos recorded by the group captures Upton saying alarming statements like, “I’m going to blow your (expletive) brains out” and “I swear to God I am going to shoot your (expletive).” When asked for identification, Upton asked the police if they wanted to see her license to carry a firearm. She mentioned that she wasn’t carrying a firearm at that moment but had it in her vehicle. The affidavit described Upton as “very agitated and uncooperative.”

How Does This Case Reflect on Broader Issues of Racial Abuse?

The incident involving Upton highlights a pervasive issue of racial abuse faced by Indians in the US. Greg Willis, the Collin County District Attorney, emphasized, “As Americans, we should all be able to enjoy our Constitutional liberties, free and secure from this type of racially motivated assault. Indeed, America is the only nation on earth defined more by its ideals than by race or ethnicity.”

Such cases underline the importance of addressing racial abuse and ensuring justice for victims who suffer from such hateful attacks.

What Can You Do If You Witness Racial Abuse?

Call 911: If you are a target or witness of racial abuse, your first step should be to contact the authorities immediately.
Record the Incident: If it’s safe, record the incident on your phone. This video could serve as critical evidence.
Stay Calm: Try to remain calm and avoid escalating the situation.
Seek Support: Reach out to community organizations that offer assistance to victims of racial abuse.
Report to Authorities: File a complaint with local authorities and ensure an incident report is made.

For those seeking more information about hate crime laws and protections, visiting government resources like the U.S. Department of Justice Hate Crimes page can provide valuable knowledge and support.

Understanding the context and details of incidents like the one involving Esmeralda Upton helps shed light on the challenges faced by many communities. By spreading awareness and supporting victims, we can contribute to a more inclusive and respectful society.

Learn Today:

Hate Crime Enhancement: A legal provision added to a criminal charge which increases the severity of the sentence due to the crime being motivated by bias against the victim’s race, nationality, religion, or other protected characteristics.
Assault: A criminal offense involving the intentional infliction of bodily harm or the threat of harm upon another person. In the context of Upton’s case, it refers to her physical attacks on the Indian American women.
Terroristic Threat: A criminal charge involving threats to commit violence with the intent to terrorize another person. Upton’s threats to shoot the women and her aggressive behavior fall under this category.
Community Supervision Probation: A court-imposed sentence that allows the convict to remain in the community under strict conditions and supervision, rather than serving time in jail. Esmeralda Upton was sentenced to two years of community supervision probation.
Racial Abuse: The act of discriminating against or harassing an individual based on their race or ethnicity. The incident involving Upton highlights this when she used racial slurs and targeted the women based on their Indian heritage.

This Article In A Nutshell:

In August 2022, Esmeralda Upton attacked four Indian American women in Plano, Texas, hurling racial slurs and making threats. This hate-fueled altercation led to her 40-day jail sentence and highlighted ongoing issues of racial abuse. Her conviction underscores the importance of addressing and condemning such behavior.
— By VisaVerge.com

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