Prosecutors weigh hate crime charges after fire at Gov. Josh Shapiro's residence during Passover
The man charged with intentionally setting a fire at Gov. Josh Shapiro's official residence may face ethnic intimidation charges, which are Pennsylvania's version of hate crime charges, the Dauphin County district attorney told CBS News Philadelphia Tuesday.
Cody Balmer is already charged with attempted murder, terrorism and other offenses after police said he used homemade Molotov cocktails to set the large fire that damaged multiple rooms in the Governor's Residence and forced the Shapiro family to flee early Sunday morning.
Dauphin County District Attorney Fran Chardo said the search warrant in the case contains evidence that Balmer was in part targeting the Shapiros due to their Jewish faith.
Dan Snyder: No hate crime charges filed for this ... given the timing that this happened during Passover?
Chardo: That was our initial reaction that this may very well be the motive. Under Pennsylvania law, we don't have a per se hate crime statute, we have a crime [called ethnic intimidation] that relates to that. But it just increases an existing offense.
People charged with ethnic intimidation see the degree of their other offenses increase. So, for example, a third-degree felony tied in with an ethnic intimidation charge would be upgraded to a second-degree felony. But in this case, Balmer is facing five first-degree felonies.
"It doesn't get higher than the first degree of felony, so there's nothing to increase it to," Chardo said.
"If we're able to demonstrate that there was this intent on the basis of religion to cause serious harm, to kill — he's been charged with attempted murder — the sentencing guidelines take that into account," Chardo added.
Dan Snyder: Is there any evidence that this is related to the governor's faith?
Chardo: I believe that we're going to address that in the short term and...I've got to check to see if that search warrant affidavit is already of record, but if you look at the search warrant, you'll see a reference to that. ... We do have evidence of that, that I believe is of record, that he made reference to the governor's faith.
CBS News Philadelphia has not yet obtained the search warrant.
The attack happened after Shapiro, who is Jewish, celebrated the Passover Seder with his family in the main state dining room, where the fire was set early on Sunday, April 13. Police said Balmer hopped a fence and broke a window before throwing a Molotov cocktail inside.
He then broke another window, climbed into the home and set off an incendiary device in the dining room, according to court documents.
"I believe it wasn't just a coincidence that the assailant did it on Passover," said former Pennsylvania Govl Ed Rendell, who is also Jewish.
Rendell spent many years at the governor's mansion and said he was distraught when he learned about the attack at the home where he has many fond memories. The former governor said he hopes the Shapiro family can get back some sense of normalcy while living in the Governor's Residence.
"I think what's happened here is a tragedy. We've had so much of these threats and violence," Rendell said. "It's just awful. We've got to stop doing this as a country. Because if we keep it up, we're going to hell in a handbasket."
Balmer was arraigned Monday evening, and a judge denied bail.