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N.Y. Assault Victim Wants Attacker Charged with a Hate Crime for Calling Her a ‘Black B—h’

Assault Victim

Kimberly Halliday, 50, managed to escape the attack after a Good Samaritan stopped his minivan near the scene. (Photo by Marcus Santos/NY Daily News)

A 50-year-old assault victim is seeking hate crime charges after her attacker called her “the devil” and a “black b—h” while pummeling her in the middle of New York City street.

Kimberly Halliday told The New York Daily News she was walking to a nearby subway station on Broadway and W Houston Street on Sept. 4 after having a drink at a West Village bar around 11 p.m. That’s when a young white man came out of nowhere and began punching her in the head and body while spewing hateful words.

“You’re the devil!” the assailant yelled, according to Halliday. “You’re no good. Black b—h.”

After pushing her to the ground, Halliday said the man continued beating her up, landing nearly a dozen punches and scaring away a couple who’d stopped to try and help her. She said she believes the attack was racially motivated.

“I was terrified,” she told the newspaper. “I kept trying to push him off of me. He hit me so hard he knocked my earrings off my ear.”

Halliday said she managed to escape the attack after a few minutes, running into the street to hop in a minivan who’s Good Samaritan driver had also stopped and offered to help. The driver sped up the block, away from the scene as nearby officers apprehended 22-year-old Bennett Smith around 11:10 p.m., the NY Daily News reported.

Authorities ultimately charged Smith with misdemeanor assault, aggravated harassment and attempted assault. Halliday doesn’t feel the charges go far enough, however.

The woman said she told police the attack was a hate crime but acknowledged she was so rattled at he time that she doesn’t remember if she shared Smith’s offensive remarks with law enforcement officials. She did share her allegations, including the ugly comments, with the Manhattan District Attorney’s office, though.

Halliday said a prosecutor told her the charges against her attacker could be upgraded.

“This guy is 22 years old,” she told the newspaper. “I’m old enough to be his mother, and he did this to me. I felt degraded.”

Smith was later released on $1,000 bail.

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