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Man Charged With Hate Crimes In Brickell Bridge Confrontation Arraigned

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MIAMI (CBSMiami) - A man charged with hate crimes after he reportedly threatened a group of teens on bikes on the Brickell Bridge was formally arraigned on Wednesday.

On Tuesday, Mark Bartlett was charged with three new counts of aggravated assault with prejudice, a second-degree felony, and improperly exhibiting a firearm. He was originally charged with carrying a concealed weapon for the Martin Luther King Day incident.

He was not present in the courtroom for the hearing.

Miami-Dade State Attorney Katherine Fernandez Rundle said prosecutors will ask for an increase in his bond during a hearing on February 26th. Bartlett will have to be present for that hearing.

Under the state's sentencing guidelines, Bartlett would face anywhere between 5 and 55 years behind bars if convicted.

Fernandez Rundle said Bartlett acted with prejudice hence the additional charges.

"Actions matter and words matter," said Fernandez Rundle. "Crime matters and the law matters. The charges are about words coupled with actions. We are looking at the totality of the evidence and what the witnesses and the victims are saying and that is why we felt these were the appropriate charges."

Lee Merritt, an attorney for the Cochran law firm, said his firm was now representing six of the youngsters involved in the incident and he applauded the decision by the Miami-Dade State Attorney.

"It means a lot to these families of the children who are victims of what we have always believed was a hate crime. We hope this leads to a vigorous prosecution that will lead to the appropriate sentencing. Hate crimes are on the rise in the past few years and to deter them we have to use the laws that are on the books," he said.

The teens have received support from a number of groups.

"The older community will stand by them. Sometimes the young people feel that they're out fighting the battle all by themselves. They forget we've been there and done that and we're still here and we will continue to be here to support the young people who are taking up the fight," said Betty Ferguson with Unrepresented People's Positive Action Council.

The teens were confronted by Bartlett and his girlfriend on the bridge after they rode their bikes in traffic to protest housing redevelopment in Liberty City. The teens were on a ride as part of their group Bikes Up Guns Down.

Part of the confrontation was captured on cell phone video.

"You just ran over my foot with your tire," Bartlett's girl, Dana Scalione, could be heard yelling at one of the teens.

It didn't take long before things escalated.

Police said Bartlett walked up carrying a gun and started yelling a lot of racial slurs directed at the teens.

The teens' attorney believes the armed confrontation was a hate crime and the Miami-Dade State Attorney's Office agreed.

On Tuesday, they announced that utilizing the Hate Crimes Enhancement created by the Florida Legislature to provide stiffer penalties for a conviction when an offense was motivated by prejudice.

Bartlett's attorney issued a statement regarding the new charges, it read in part"

"We are disappointed the State Attorney has succumbed to the political pressure rather than obeying the tenets of the law. Clearly, this mob of people who were commandeering traffic, and taunting passengers, while wearing masks and gloves, were not peacefully protesting - they were not peacefully doing anything. They were committing multiple crimes for which the State Attorney is not holding them accountable. The State Attorney has compounded the City of Miami's negligence by failing to investigate the situation thoroughly, interview independent witnesses, and reach a result based on the law; not politics."

Fernandez Rundle responded, "We just stick to the law and the evidence in this case. I'm sure the defense will do their best to find cracks in the case but we believe we are doing the right thing."

Tuesday evening, one of the teenagers who was present at the bridge encounter says he's thankful for the state attorney's actions.  Still, he says he doesn't feel safe.

"I feel good but I would feel better if he's on house arrest," said Jamel Materson. "Because I feel more safer walking around and riding my bike."

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