A 42-year-old New York man was charged with several offenses including stalking and assault after police say he yelled a homophobic slur at two gay men while following them Saturday in the 100 block of Worth Avenue.
An enhancement was added to the charges because of “evidence of prejudice based on sexual orientation.”
According to the police report, officers responded to a call at about 2 p.m. from the men who said they had pepper-sprayed another man, later identified as Joseph Peter Rivera, on Worth Avenue because “they were assaulted and feared for their safety.”
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The men told police Rivera came near them while they were taking pictures of each other and called them a derogatory slur, the report said. After they told him to leave them alone, Rivera followed the men and “charged at them several times” as they walked. When they crossed the street to get away from him, Rivera followed them while yelling out slurs.
One of the men warned Rivera he would use pepper spray if he didn’t back away, the report said. When Rivera again yelled a slur and moved toward the men, he was sprayed in the face.
As the men ran to their car, Rivera once again followed them while yelling out slurs but they were able to get away, police said.
A witness said he heard shouting and saw the two men walking to their car. They told the witness to call police because they had just been attacked. The witness also saw Rivera coming from the same direction as the men “yelling obscenities at them,” the report said.
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Rivera reportedly told police he had asked the men for the location of a store and when they didn’t answer, he followed them across the street.
He acknowledged his actions “may have been seen as threatening” because of the way he approached the men. While talking with police, Rivera again used a slur, the report said.
A search of Rivera’s car by police revealed a small bag with 0.4 grams of cocaine inside.
Rivera faces a felony charge of cocaine possession and misdemeanor charges of stalking and simple assault with intention to do violence.
Florida law states that a threat to do harm, either by word or by act, is considered an assault.
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Rivera was released Sunday afternoon on a $1,000 bond and is scheduled to appear in court July 6.
