Teen Going to Prison for Cross-Burning

Closing a case that shocked the community, a teenager who burned a cross on a Jewish family’s front lawn was sentenced to two years in prison Friday by a judge who called the crime a tragedy for all involved.

The sentence comes two months after Daniel Patrick Carr, 18, was convicted of desecrating a religious symbol in the Huntington Beach case. But the jury deadlocked on the more serious charge of arson, which would have made the cross-burning a hate crime.

In rejecting Carr’s plea for probation, Orange County Superior Court Judge Robert Gallivan said the defendant “never demonstrated any remorse about the fear he has caused the family.”

“This truly is a tragedy for the victims and for the defendant, [but] there has to come a point where the defendant has to assume responsibility,” the judge said.

Although Carr was not convicted of a hate crime, Gallivan suggested the young man might benefit from sensitivity training when he is eligible for parole. “I hope you’ve learned from this, Mr. Carr, and go on with your life,” the judge told the shackled defendant.

Carr, his eyes cast down for most of the proceeding, did not address the court. He was one of three teenagers charged in the May cross-burning. The other defendants, both minors, pleaded guilty and were sentenced to the California Youth Authority.

David and Barbara Shostak, the targets of last May’s incident, were in court Friday but rushed out after the sentencing. A visibly disturbed Barbara Shostak said there was a small swastika carved in the seat in front of her in the Westminster courtroom.

“It is obviously a problem,” she said. “I’m sure the judge did his best in this case.”

Carr’s attorney, Deputy Public Defender David Scharf, argued that his client was a troubled youth and that he would be able to turn his life around if he were put on probation.

Scharf alleged in court that the Shostaks’ 15-year-old son had instigated the burning of the 6-foot cross in front of his home by the three other youths because he had an argument with his parents over a curfew.

Deputy Dist. Atty. Jana Hoffman disputed Scharf’s accusation, saying the son never spoke to Carr about the cross-burning. But she did acknowledge that the son had spoken to the two other youths about placing the cross in front of the house.

Huntington Beach police arrested the Shostaks’ son on suspicion of aiding and abetting in the crime, but he was never charged with a crime.

Hoffman said the district attorney’s office did not file charges against the son because there was not enough evidence that he conspired in the crime.

She noted that Carr bragged about his deed in a letter to a friend during his trial.

“He had a cross to burn,” Hoffman said. “He wanted to make a statement.”