A 49-year-old man who spat on the face of a woman in downtown Portland, then explained he did it because he thought she was Chinese, was convicted of a hate crime Wednesday.
Paul David Kwapich was sentenced to 20 days in jail, mental health treatment and two years of probation.
Kwapich targeted the 21-year-old woman, who is a Portland State University student, as she walked from campus to a bus stop along the Southwest Park Blocks on May 17 shortly before 4 p.m. His saliva landed on her left cheek. When the woman asked Kwapich why he’d done it, he responded: “Because you’re a Chinese (expletive) (expletive),” according to a probable cause affidavit filed by the prosecution.
The woman, Cheyenne dela Cruz, called her boyfriend and then 911. While she was on the phone with a dispatcher, Kwapich walked toward her and she went inside the nearby Portland Art Museum for safety, according to the affidavit.
Police arrived a short while later and arrested Kwapich, who is homeless.
Dela Cruz told The Oregonian/OregonLive on Wednesday that she is mostly of Filipino descent and also one-sixteenth Chinese. She said she has never been targeted in such an overt way because of her race.
“He was just being very hateful and not considerate of me as a human being,” dela Cruz said.
She said she was crying and shaking when she entered the museum for sanctuary.
“I really would like to extend my thanks to the Portland Art Museum security guards because they were really helpful and I was clearly in distress," dela Cruz said. "There was no sense of me not feeling believed.”
Dela Cruz also said she wasn’t sure what response she’d get from 911 and police.
Kwapich has been in jail since his arrest. He’s expected to be released soon given that he’s already served 24 days.
During a hearing in Multnomah County Circuit Court, Kwapich pleaded no contest to second-degree intimidation. A charge of harassment was dismissed as part of the plea agreement.
Kwapich was ordered to have no contact with dela Cruz and stay out of an 11-block stretch of the Southwest Park Blocks, from College Street north to Salmon Street.
“When I did call 911, I said, ‘I’m not sure this is an emergency,’" dela Cruz said. “I wasn’t sure if this would be considered a hate crime and how far this would go.”
Dela Cruz said she’s relieved Kwapich was sentenced to mental health treatment.
“I was just more shocked and really saddened that this happened, and that this is still happening,” dela Cruz said. “It’s very much a mentality that’s still present.”
She said she encourages anyone who is a victim of a hate crime to report it.
Kwapich also was convicted Wednesday for causing disturbances at three Pearl District businesses, where court papers say he entered and remained on the premises unlawfully and damaged property in one of the instances. He pleaded guilty to second-degree criminal trespass or second-degree criminal mischief in those cases.
His criminal history stretches back 27 years and includes convictions for burglary, stealing cars and indecent exposure.
-- Aimee Green
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