Three men who were arrested in January for allegedly attacking a gay man on a northbound Red Line train requested a jury trial in their first court appearance last week. They were expected to appear back in court Tuesday, Feb. 23. All three have been charged with battery, a Class A misdemeanor.
The defendants in the case are Kevin McAndrews, 23; Sean Little, 22; and Benjamin Eder, 24. The three men, who live in Evanston, are alleged to have attacked Daniel Hauff, 33, after Hauff attempted to intervene in an argument taking place on the train. In an interview last month with Windy City Times, Hauff claimed that the three men beat him and shouted anti-gay slurs until all parties disembarked at the Argyle stop.
The men were arrested at Argyle. Hauff said that the arresting officers told him they considered the case a hate crime.
Andy Conklin, a spokesperson for the Cook County State’s Attorney, said that his office was reviewing the case to determine whether hate-crimes charges should be added, but would not speculate on when or if that decision would be made.
Under Illinois criminal code, hate crimes, including those based on sexual orientation, are a Class 4 felony. Hate can be considered an aggravating factor in sentencing and, according to Illinois law, “accorded weight in favor of imposing a term of imprisonment or may be considered by the court as reason to impose a more severe sentence.”