Crime

Stanislaus County authorities arrest man accused of posting racist signs threatening violence

The Stanislaus County Sheriff’s Office said investigators identified a man responsible for creating and distributing threatening racial epithets in neighborhoods.

Anthony Rodriguez, 39, was arrested on charges of making criminal threats and stalking, according to a news release Thursday evening.

Authorities said the arrest is connected with recent complaints about hate speech, including a sign in the Parklawn area, south of Modesto, saying “kill wetbacks,” as well signs and index cards with the same hate message distributed in Ceres and Modesto.

“This type of behavior exhibited is unacceptable in our community and goes against the values we stand for,” the Sheriff’s Office news release said.

Modesto police were involved with the investigation after responding to a hate crimes report Wednesday in the area of Ninth and K streets. A person found a note on his or her vehicle that threatened harm based on race, police said.

The Sheriff’s Office notified Modesto police Thursday that Rodriguez was a possible suspect. Modesto police recognized they had an active arrest warrant for Rodriguez tied to a criminal threats and stalking investigation in October.

Deputies arrested Rodriguez at his home in the 1500 block of Morgan Road in the county unincorporated area.

According to the Sheriff’s Office, deputies served a search warrant at Rodriguez’s home, where they found evidence matching the hate materials reported recently. The Sheriff’s Office said Rodriguez admitted to creating the racist materials and posting them in the area.

Rodriguez was booked in jail, with bail initially set at $150,000. He also was booked on the Modesto police warrant. Detectives requested a bail enhancement of $400,000, which was approved by a judge.

Authorities said Rodriguez had a previous arrest involving violation of a civil harassment order in September 2022. In that case, he was accused of using racial slurs and derogatory language toward his Latino neighbors.

Rodriguez, a U.S. citizen with a Latino name, has allegedly lashed out against undocumented immigrants from Mexico. But some of the materials recovered in the search threatened violence against Black families.

“The city of Modesto has zero tolerance for this kind of behavior,” Police Chief Brandon Gillespie said on social media. “Any reported acts of hatred or violence towards individuals based on race, religion, cultures, gender or identity will taken seriously by Modesto Police Department and thoroughly investigated.”

The hate-crimes unit of the county District Attorney’s Office is considering the appropriate charges to file against Rodriguez, a spokesperson said. The charges could fall under a civil rights section of the California Penal Code. Federal civil rights charges with tougher penalties could be considered if federal authorities get involved.

District Attorney Jeff Laugero has referred the case to the FBI to investigate federal civil rights violations.

Where First Amendment free-speech protection ends

Some racist language is protected under the First Amendment, but criminal threats may be charged as a misdemeanor or felony. As an example, posting a statement such as “wetbacks go home” may be protected speech, but “kill wetbacks” is a criminal threat that goes beyond protected speech, said Wendell Emerson, chief prosecutor for the District Attorney’s office.

Two years ago, Rodriguez was charged with misdemeanor harassment involving racial slurs and derogatory language toward neighbors. The court ordered him to counseling and the case was dismissed upon completion of the counseling.

Under California law, a person making criminal threats of harm may be charged with a misdemeanor including penalties of a year in jail and $1,000 fine, but a felony conviction carries up to a three-year prison sentence and $10,000 fine.

The Sheriff’s Office said that graffiti or signs with hate speech or racial slurs should be reported to law enforcement by calling the nonemergency dispatch line at 209-552-2468. Those wishing to remain anonymous may call Stanislaus Area Crime Stoppers at 866-602-7463.

This story was originally published December 6, 2024 at 12:22 PM.

Ken Carlson
The Modesto Bee
Ken Carlson covers county government and health care for The Modesto Bee. His coverage of public health, medicine, consumer health issues and the business of health care has appeared in The Bee for 15 years.
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