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Fight in Ashland was no hate crime, DA says By JESSICA SMITH An altercation some have labeled a hate crime was nothing more than a barroom fight, Jackson County prosecutors say. The district attorney's office announced for the second time Friday it would not file criminal charges against anyone involved in the incident. "When we looked at the case in total, it just didn't appear that a crime had been committed," said Beth Heckert, chief deputy district attorney. Heckert said updated police reports indicate the April 2 fight between a group of men outside Kat Wok, an Ashland nightclub at 62 E. Main St., was not motivated by prejudices about the participants' sexual orientation, as some claim. "We are enormously disappointed with the district attorney's decision and we are going to continue to pursue this matter," said David Wilson, 35, of Ashland. "I don't believe truth or justice have been served here." Wilson and two other men -- Kevin Miller, 36, and Justin Cummings, 21, both of Ashland -- allege they were attacked because they are gay. Earlier this month, a deputy DA said there was insufficient evidence to warrant charges against Michael Susee, 23, who was arrested for reportedly assaulting the three men. Susee, a Southern Oregon University senior and a former Raider football player, could not be reached for comment. Police originally charged Susee with three counts each of fourth-degree assault and second-degree intimidation, a charge associated with hate crimes. To prove that Susee was guilty of intimidation, prosecutors would be required to show that he intentionally subjected the three men to "offensive physical contact" because of his perception of their sexual orientation. "No witnesses, other than the three men, said Susee used derogatory statements against them," Heckert said. "This was blown up out of anger rather than (anyone's beliefs about) sexual orientation." Updated police reports filed Tuesday with the district attorney's office show that Susee and the three men were involved in an altercation inside Kat Wok. Witnesses with no bias reported that Miller was acting disorderly and instigated the fight, Heckert said. It appears Susee was burned on the cheek with a cigarette by an unknown person. He apparently pushed someone inside the nightclub shortly before club managers asked Miller, Wilson and Cummings to leave the bar for being loud and disruptive. When Susee left the bar, five to 10 minutes later, he and Miller began pushing one another, Heckert said. Susee apparently struck Miller and both sides continued to fight while others tried to break up the group. Miller broke his wrist and the others were cut and bruised in the fight, police said. Police initially were looking for others believed to be involved in the fight, but witness statements were inconclusive, Heckert said. "Given the inconsistent statements ... and claims of self defense, the district attorney's office has concluded that criminal charges could not be proven beyond a reasonable doubt against any of the individuals involved," Heckert said in a prepared statement Today's Edition : News | Sports | Business | Weather | Tempo | Classifieds Mail Tribune Copyright � The Mail Tribune 2000, Medford, Oregon USA