Woman cleared of ethnic intimidation after hitting black man, using racial slurs
Updated 3:36 PM;Today 11:45 AM
Shelly Hueckel at her bench trial Monday, Dec. 30, in Kent County Circuit Court. (John Agar|MLive)
UPDATE: Victim upset by ethnic-intimidation verdict: ‘I did everything right’
KENT COUNTY, MI – A woman who struck a black car salesman and used racial slurs was acquitted Monday, Dec. 30, of ethnic intimidation.
While cleared of the two-year felony, Shelly Hueckel, 47, who lives in Nashville in Barry County, was convicted of assault and battery in a bench trial before Kent County Circuit Judge Paul Sullivan.
She assaulted Terrance Smith, a salesman at Betten Baker GMC in Lowell, on April 24 after she became upset by a trade-in offer. The judge said that Hueckel attacked Smith based on the trade-in offer rather than Smith’s race.
Sullivan said it was close call but he was “confident” it was the right decision under the ethnic-intimidation law.
He had harsh words for Hueckel.
He said that her “stupid acts put people like me, like the prosecutor, police, the victim, in this position we are today. You ought to be ashamed of yourself.”
Car salesman Terrance Smith said he was upset Monday, Dec. 30, after a woman who hit him and called him racial slurs was acquitted of ethnic intimidation. (John Agar|MLive)
She kept her back to cameras in the courtroom and blocked her face in the courtroom hallway.
Her attorney, Norman Miller, declined to comment. He had argued that his client did not attack Smith based on his race.
Smith said he was stunned and upset by the verdict.
Hueckel will be sentenced in February.
The original account
KENT COUNTY, MI – A black car salesman assaulted by a woman using racial slurs said he cannot accept a judge’s ruling acquitting her of ethnic intimidation.
Kent County Circuit Judge Paul Sullivan acquitted Shelly Hueckel, 47, of the two-year felony but convicted her of assault and battery, a misdemeanor, against Terrance Smith.
After a bench trial Monday, Dec. 30, Smith, who alleged Hueckel used racial slurs when she struck him, knocking off his glasses, said he didn’t understand the judge’s ruling.
“No,” he said repeatedly, shaking his head back and forth.
“I did everything I knew to do right in situations like that. That was to keep my hands to myself, stay as calm as possible and do that right thing and that’s what I did.”
The judge said Hueckel’s actions were “stupid,” and told her: “You ought to be ashamed of yourself.”
But he said there was reasonable doubt whether Hueckel acted maliciously, with a specific intent to intimidate or harass Smith, based on his race, when she struck him, all elements of the ethnic-intimidation charge.
Sullivan said the charge has strict requirements. Most speech is protected under the First Amendment.
“One could argue here, if you can’t be found guilty of ethnic intimidation by saying (racial slurs to) a minority, coupled with assault, ‘When can you find someone guilty?’” the judge said.
“The issue is not so much how the victim interpreted it or how he reacted to it, the issue is what the defendant specifically intended, and what is shown by the evidence. As the defense attorney pointed out, the victim, Mr. Smith, and the defendant and her husband seemed to be OK (early on),” Sullivan said.
Shelly Hueckel at her bench trial Monday, Dec. 30, in Kent County Circuit Court. (John Agar|MLive)
The problem wasn’t that Hueckel had a black salesman. The problem came when he told her the value of her trade-in vehicle.
“That’s when, for lack of a better word, all hell broke out.”
Hueckel struck Smith, a salesman at Betten Baker GMC in Lowell, on April 24, upset at the dealership’s trade-in offer.
“I can still feel where she hit me – that’s how hard she hit me,” Smith told a responding Lowell police officer, according to body-camera video aired in court.
“I didn’t even do anything. I was trying to explain to her what her trade-in (value) is.”
Defense attorney Norman Miller argued that his client struck Smith out of anger over the trade-in offer, not his race.
“It’s terrible language – it makes her ignorant,” he said. “She’s upset about her trade-in. That’s why she hit him, not about race.
Assistant Kent County Prosecutor Angela Curtis argued that Smith’s “race was clearly on the defendant’s mind” in the assault and use of racial slurs.
“You don’t say that word by accident,” Curtis said.
Hueckel will be sentenced in February. She tried to avoid cameras in the courtroom and covered her face in the hallway as she left.
Smith said he was disappointed in the verdict. He spoke briefly outside of the courtroom.
The judge said he hoped Smith would understand his ruling, even if he disagreed. He said he was confident in his ruling but expected others to disagree.
He said that it would be different if a resident of an all-white community used racial slurs confronting a minority moving in and got into a physical fight.
Sullivan said Hueckel’s actions appear part of a coarsening of society.
“She was angry and she said things she shouldn’t have said. She was uncivil. She acted like a juvenile. If I were a parent and she was a child, she’d be taken out back and disciplined in some way. Ms. Hueckel, you ought to be ashamed of yourself. There are no excuses for that. The words caused hurt, and understandably so.”
Updated 3:36 PM;Today 11:45 AM
Shelly Hueckel at her bench trial Monday, Dec. 30, in Kent County Circuit Court. (John Agar|MLive)
UPDATE: Victim upset by ethnic-intimidation verdict: ‘I did everything right’
KENT COUNTY, MI – A woman who struck a black car salesman and used racial slurs was acquitted Monday, Dec. 30, of ethnic intimidation.
While cleared of the two-year felony, Shelly Hueckel, 47, who lives in Nashville in Barry County, was convicted of assault and battery in a bench trial before Kent County Circuit Judge Paul Sullivan.
She assaulted Terrance Smith, a salesman at Betten Baker GMC in Lowell, on April 24 after she became upset by a trade-in offer. The judge said that Hueckel attacked Smith based on the trade-in offer rather than Smith’s race.
Sullivan said it was close call but he was “confident” it was the right decision under the ethnic-intimidation law.
He had harsh words for Hueckel.
He said that her “stupid acts put people like me, like the prosecutor, police, the victim, in this position we are today. You ought to be ashamed of yourself.”
Car salesman Terrance Smith said he was upset Monday, Dec. 30, after a woman who hit him and called him racial slurs was acquitted of ethnic intimidation. (John Agar|MLive)
She kept her back to cameras in the courtroom and blocked her face in the courtroom hallway.
Her attorney, Norman Miller, declined to comment. He had argued that his client did not attack Smith based on his race.
Smith said he was stunned and upset by the verdict.
Hueckel will be sentenced in February.
The original account
When officers initially contacted Slapping Shelley, she first denied calling Smith any names before admitting that she may have bumped him and the words “lazy ******” may have slipped out. Prosecutors charged her with ethnic intimidation under Michigan’s hate crime legislation, which carries a two-year sentence and states:
The judge explained that Huekler hit the cousin-deficient Smith because she was angry at the low trade-in offer and, despite her use of racial slurs, the incident had nothing to do with race.
KENT COUNTY, MI – A black car salesman assaulted by a woman using racial slurs said he cannot accept a judge’s ruling acquitting her of ethnic intimidation.
Kent County Circuit Judge Paul Sullivan acquitted Shelly Hueckel, 47, of the two-year felony but convicted her of assault and battery, a misdemeanor, against Terrance Smith.
After a bench trial Monday, Dec. 30, Smith, who alleged Hueckel used racial slurs when she struck him, knocking off his glasses, said he didn’t understand the judge’s ruling.
“No,” he said repeatedly, shaking his head back and forth.
“I did everything I knew to do right in situations like that. That was to keep my hands to myself, stay as calm as possible and do that right thing and that’s what I did.”
The judge said Hueckel’s actions were “stupid,” and told her: “You ought to be ashamed of yourself.”
But he said there was reasonable doubt whether Hueckel acted maliciously, with a specific intent to intimidate or harass Smith, based on his race, when she struck him, all elements of the ethnic-intimidation charge.
Sullivan said the charge has strict requirements. Most speech is protected under the First Amendment.
“One could argue here, if you can’t be found guilty of ethnic intimidation by saying (racial slurs to) a minority, coupled with assault, ‘When can you find someone guilty?’” the judge said.
“The issue is not so much how the victim interpreted it or how he reacted to it, the issue is what the defendant specifically intended, and what is shown by the evidence. As the defense attorney pointed out, the victim, Mr. Smith, and the defendant and her husband seemed to be OK (early on),” Sullivan said.
Shelly Hueckel at her bench trial Monday, Dec. 30, in Kent County Circuit Court. (John Agar|MLive)
The problem wasn’t that Hueckel had a black salesman. The problem came when he told her the value of her trade-in vehicle.
“That’s when, for lack of a better word, all hell broke out.”
Hueckel struck Smith, a salesman at Betten Baker GMC in Lowell, on April 24, upset at the dealership’s trade-in offer.
“I can still feel where she hit me – that’s how hard she hit me,” Smith told a responding Lowell police officer, according to body-camera video aired in court.
“I didn’t even do anything. I was trying to explain to her what her trade-in (value) is.”
Defense attorney Norman Miller argued that his client struck Smith out of anger over the trade-in offer, not his race.
“It’s terrible language – it makes her ignorant,” he said. “She’s upset about her trade-in. That’s why she hit him, not about race.
Assistant Kent County Prosecutor Angela Curtis argued that Smith’s “race was clearly on the defendant’s mind” in the assault and use of racial slurs.
“You don’t say that word by accident,” Curtis said.
Hueckel will be sentenced in February. She tried to avoid cameras in the courtroom and covered her face in the hallway as she left.
Smith said he was disappointed in the verdict. He spoke briefly outside of the courtroom.
The judge said he hoped Smith would understand his ruling, even if he disagreed. He said he was confident in his ruling but expected others to disagree.
He said that it would be different if a resident of an all-white community used racial slurs confronting a minority moving in and got into a physical fight.
Sullivan said Hueckel’s actions appear part of a coarsening of society.
“She was angry and she said things she shouldn’t have said. She was uncivil. She acted like a juvenile. If I were a parent and she was a child, she’d be taken out back and disciplined in some way. Ms. Hueckel, you ought to be ashamed of yourself. There are no excuses for that. The words caused hurt, and understandably so.”
