A San Francisco couple who pleaded guilty in the attack of a transgender woman were sentenced this week to several months in jail after a judge denied their motions to withdraw their pleas.
Dewayne Kemp, 37, pleaded guilty in December to assault and admitted to a hate crime allegation, and his wife, Rebecca Westover, 43, pleaded guilty to battery and admitted to a hate crime allegation, which enhanced her crime to a felony. As part of the plea deal, other charges in the case were dismissed. A sentence of probation was expected.
But the two eventually changed their minds.
Kemp claimed he'd agreed to the deal because he wanted to be released from custody and spend time with his family. Westover maintained that she hadn't understood the consequences of admitting to the hate crime allegation.
Both defendants, who had been released from custody after several weeks but were later remanded as part of their plea deal, asked through attorneys for their pleas to be withdrawn.
After hearing attorneys' arguments Tuesday, March 1, Superior Court Judge Harry Dorfman rejected their attempts to withdraw their pleas, telling them they "have experience in the criminal justice system. You are not frightened youth before a criminal court."
Dorfman sentenced Kemp to nine months in jail, with credit for time served, along with three years of probation, among other terms. Westover's sentence includes six months in jail, with credit for time served, and two years of probation. Assistant District Attorney Blair McGregor had asked that she serve three years.
Kemp and Westover attacked Samantha Hulsey, 25, near the Holiday Inn at 50 Eighth Street November 15. The defendants have said the incident started after Hulsey intentionally bumped into them and called Kemp the N-word. Hulsey has denied barging past the couple and using the racial slur.
McGregor told the court Tuesday that Hulsey, who wasn't in court and is moving to England, opted not to make a statement, saying, "She finds thinking about the incident distressing and wants it to be completely over."
Kemp told the court the case "had nothing to do with me hating someone because of their sexual orientation," and he'd been defending Westover against an attack from Hulsey.