Barton Springs assault: Arrest warrants issued for suspects

AUSTIN, Texas - This week, the Austin Police Department issued two arrest warrants for the suspects involved in an incident at Barton Springs that left one person with a fractured jaw and a punctured ear canal. 

Joshua McKeith Bell and Matthew Robert Villanueva are being charged with second-degree felony aggravated assault. 

The backstory:

Investigators said an argument between the men and a second group consisting of a woman and a trans woman escalated when the suspects pushed one woman to the ground and knocked a third person unconscious, a man who had tried to step in between them. 

Allegedly, the incident was the result of transphobic comments made by the suspects. 

"Whenever we see these attacks, it’s really just alarming and upsetting," said Brigitte Bandit, an LGBTQ activist, about the incident. "Do better. You know, the trans community is not harming you, and we deserve to exist in peace."

In the affidavit, one suspect claims that the group of women were "ready to fight." But investigators say cell phone footage gathered from the scene does not support this. 

Dig deeper:

The case is currently under investigation as a possible hate crime by the Austin Police Department's Hate Crime Review Committee. 

A hate crime enhancement could bring the second-degree felony aggravated assault up to a first-degree charge. With that step up, comes the potential for a more severe punishment. 

For a second-degree felony charge of aggravated assault, perpetrators could be looking at a prison sentence of between 2 and 20 years, and fines of up to $10,000. But when that becomes a first-degree charge, perpetrators could be looking at a prison sentence between 5 and 99 years. 

For the charges to rise to the level of a hate crime, prosecutors would have to prove that the motive for the crime was related to a protected characteristic such as race, gender, nationality or sexuality. 

"You have to show that the defense intentionally committed these acts based on this bias or prejudice, and they have got to prove that beyond a reasonable doubt," said Gene Anthes, an attorney unaffiliated with the case. 

No hate crime enhancements have been added to the charges at this time.