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'Hate crime' alleged in bar fracas DA lacks evidence to prosecute; gay group `shocked and appalled' By JESSICA SMITH Authorities have declined to prosecute a Southern Oregon University student who had been arrested for what police classified a hate crime in connection with an alleged assault on three gay men. There was insufficient evidence to file charges at this time against Michael Susee, said Jackson County District Attorney Mark Huddleston. The case has not been dismissed, he added. Ashland police are continuing to investigate. Meanwhile, SOU gay and lesbian advocates expressed disappointment at the DA's decision and held a press conference Wednesday to discuss the incident. Shortly after 1:30 a.m. Sunday, Ashland police arrested Susee, 23, a 6-foot-2, 275-pound former football player for the SOU Raiders. Officers charged him with three counts each of fourth-degree assault and second-degree intimidation after a fight broke out at Kat Wok, 62 E. Main St. The intimidation charge was issued, according to Ashland police Capt. Lisa Brooks, based on reports indicating Susee assaulted the men because he believed they were gay. While deputy DA Debbie Minder reviewed the case and prepared to set aside the charge Wednesday, Ashland police said they are continuing their investigation. Brooks said her department will amend their report with the DA's office as needed. "We'll do the follow-up that's necessary because we believe it's a good case," she said. Brooks added that police are considering charging another man in the case, but she declined to name him. If the second man is arrested, Brooks said police would modify the charges against Susee to include first-degree intimidation, reflecting the fact that two men were involved in the alleged attack. Meanwhile, the student director of the Lesbian Bisexual Gay Transgender Alliance said organizers were "obviously disappointed" by the DA's decision. "But we want to make sure everything is handled properly," said Jared Sorber. "We hope there will be some resolution in this case." SOU gay and lesbian advocates lamented Sunday's incident at a press conference. Sorber told reporters Wednesday afternoon that the LBGTA is shocked and appalled" at Susee's alleged assault against the three men. Kat Wok managers apparently kicked Susee and the three men out of the club after they began arguing on the dance floor. The fight moved outdoors, where one man suffered a broken wrist and the others, including Susee, were cut and bruised. Sunday's incident is one of a handful local police have labeled as hate crimes. In 1996, a man convicted of murdering two lesbians said their sexual preference motivated his attack. Race played a role in several fights during the 1990s in Medford and Ashland. There also have been reports of anti-Semitic messages sprawled on homes and a mausoleum. Today's Edition : News | Sports | Business | Weather | Tempo | Classifieds Mail Tribune Copyright � The Mail Tribune 2000, Medford, Oregon USA