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Woman sentenced to 40 days in jail in viral hate crime in Texas

A Texas woman who went viral after her verbal and physical assault on four South Asian American women in 2022 has been sentenced to 40 days in jail.

Esmeralda Upton could be heard on video screaming “I hate you f*cking Indians…” and “We don’t want you here…you curry a** b****es.” 

The Dallas Observer reports Upton pleaded guilty to three counts of assault and one count of making terroristic threats. The sentence includes enhancements for a hate crime.

“Misdemeanor assault charges are not rare, but it is very rare to see the hate crime enhancement,” Collin County District Attorney Greg Willis said to CBS Dallas.

A civil case is still pending stemming from a lawsuit filed by Anamika Chatterjee, one of the victims.

“[The sentencing] is just one step,” Subodh Chandra, Chatterjee’s lead attorney, told The News. “The fact that Upton is neither contrite nor apologetic, speaks volumes about the need for further accountability.”

AsAmNews is published by the non-profit, Asian American Media Inc. Follow us on FacebookX, InstagramTikTok and YouTube. Please consider making a tax-deductible donation to support our efforts to produce diverse content about the AAPI communities. We are supported in part by funding provided by the State of California, administered by the California State Library in partnership with the California Department of Social Services and the California Commission on Asian and Pacific Islander American Affairs as part of the Stop the Hate program. To report a hate incident or hate crime and get support, go to CA vs Hate.


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