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Hate Crime

Man charged on hate crime charges after racist rant caught on video at In-N-Out Burger

Grace Hauck
USA TODAY

Police arrested a Colorado man on hate crime charges after he was seen on a TikTok video making "racist and homophobic" comments at an In-N-Out Burger on Christmas Eve in California.

Two friends of Asian descent were recording a video of themselves when Jordan Douglas Krah, 40, approached them "unprovoked" and caused them to fear for their safety, according to a news release from San Ramon police Monday.

Krah was charged Thursday by the Contra Costa County District Attorney's Office with a two-count misdemeanor complaint for two separate assaultive incidents, 

Arine Kim, 20, told USA TODAY she was filming her friend's reaction to the food when a man approached them.

In the nearly three-minute edited video, Kim can be seen passing her friend a french fry when the voice of a man addresses the friends and says several slurs. Kim appears to be shocked as her friend laughs uncomfortably.

"I was taken aback," Kim said.

Later, the man can be heard asking the friends if they are "Japanese or Korean" and then says: "You're Kim Jong Un's boyfriend, huh?" The man makes a crude statement about "gay sex."

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People are pictured walking below an In-N-Out Burger restaurant sign in San Francisco.

As Kim's friend engages the man with humor, Kim tells her friend to stop, fearful of escalating the situation.

"Normally I could spit in your face," the man says. The man then calls himself a "slave master" and can be heard using another slur. "See you outside in a minute," the man can be heard saying.

Another person can be heard approaching the friends to ask if they are OK. Kim can be heard expressing concern about being assaulted or having a gun pulled on them.

"He was standing outside the restaurant staring at us through the window for about 10 minutes. And he didn't stop staring," she recalled.

Kim said she and her friend waited inside the restaurant until closing and asked an employee to watch them walk to their car.

The video of the encounter spread widely on social media, prompting an investigation, police said.

Krah also allegedly targeted other Asian Americans in the East Bay the next day, ABC-7 reported. Abigail Halili and her siblings told the outlet a man yelled at them from his car Christmas morning and made racist comments in nearby Danville, California. 

After an investigation, Krah, of Denver, was arrested Monday and booked at the Martinez Detention Facility on two counts of committing a hate crime.

On Thursday, the Contra Costa District Attorney’s Office charged Krah with a hate crime for making racial and homophobic remarks while threatening an individual in San Ramon and committing battery for spitting on an individual on Dec. 25 in Danville — a town about 6 miles north of San Ramon.

Krah also faces first-degree assault charges related to a November arrest in Denver, according to the Denver District Attorney's Office.

If convicted by a jury, the Contra Costa District Attorney’s Office said Krah could face a maximum sentence of one year and six months in county jail.

Krah could not immediately be reached for comment. In-N-Out Burger did not respond to a request for comment.

San Ramon is a city of nearly 90,000 people about 30 miles east of San Francisco. The population is nearly 48% Asian and 39% white, according to the U.S. Census Bureau.

The incident comes amid a surge of targeted attacks toward Asian Americans and Pacific Islanders since the beginning of the COVID-19 pandemic, spurring nationwide protests and rallies to "stop AAPI hate."

Last year, the advocacy group Stop AAPI Hate reported more than 6,000 hate incidents. A survey of U.S. cities by the Center for the Study of Hate & Extremism at the California State University, San Bernardino, found a 224% rise in anti-Asian crimes from 2020 to 2021.

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In recent days, Kim said she has rarely left her house, concerned that someone who is critical of her speaking out about the incident may cause her harm. But on Monday night, she and her friend returned to In-N-Out, and a woman who had seen their story bought their food.

"I just wanted to be able to go back and eat my food," Kim said. "I'm allowed to eat out in public without being harassed."

Kim said some people online have told her the incident was "not that big of a deal" and to "go cry about it." But most people have been "positive," and many have shared their own similar experiences, she said. Some have even started making their own TikTok videos to discuss the experiences.

Kim, whose parents immigrated to the U.S. from Korea, said she grew up enduring racist slurs from neighbors and classmates and was taught to hate her Asian identity.

"It was almost the bane of my existence because people would make fun of me about everything – about the food I ate, about the music that I would listen to, about my parents' accents," she said. "I just wanted to be American so bad."

Kim said she hopes people who read about the incident better understand the impact of their words.

"This has been a sobering moment not only for myself but for other people around the U.S.," Kim said. "This is a real problem that's affecting people of color all over."

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