A Plano woman charged with a hate crime waived her right to a jury trial this week.
A bench trial in the case will now begin at 1 p.m. May 3 in Kendall County.
Kelly A. Zeffield, 31, 200 block of East Abe Street, Plano, was the first person to be charged with a hate crime – a class 4 felony – in Kendall County since 2014. She could face between one and three years in prison if convicted, Kendall County State’s Attorney Eric Weis has said.
Charging documents filed by Weis allege that on May 15, 2016, Zeffield committed a hate crime by making serious threats to a man because of his perceived sexual orientation.
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A grand jury restated the charge in a bill of indictment filed in Kendall County.
In Room 113 of the Kendall County Courthouse Tuesday morning, Zeffield and her lawyer stood before Judge Timothy McCann and requested waiving the jury trial in favor of a bench trial. Also present on the floor was Kendall County Assistant State’s Attorney Nemura Pencyla, who is prosecuting the case.
In court, both parties agreed the bench trial would begin May 3. The parties also agreed to additional conditions of Zeffield’s bond which essentially replace a temporary order of protection against Zeffield that was soon to expire and had been sought by the man alleging the hate crime.
“(The conditions) remain in full force and effect,” McCann said, noting that violating the terms could lead to revocation of bond.
Zeffield is accused of referring to a Plano man using a slur and stated that he should be sexually assaulted and beaten with a baseball bat, according to court documents.
“It’s a little different than the typical hate crime,” Weis said. “Usually it’s a crime of violence… between the threat of harm and disorderly conduct on (the victim’s) perceived sexual orientation, that’s why we approved charges.”
There has been an ongoing dispute between Zeffield and the man, officials said, but the May incident was the first time it escalated to a dangerous level, Weis said. Both have filed restraining orders against each other, according to court records.
After Plano police arrested Zeffield in late November, she posted $5,000 bond, according to court records.
Outside the courtroom Tuesday, Zeffield’s lawyer, Jason Majer of Amato, Sheen & Majer, declined to comment on the case.
The last hate crime charged in Kendall County involved Dakota Malert in 2014, Weis said.
Malert, then 21, was charged in December 2014 with felony aggravated assault and a felony hate crime. He was accused of assaulting a man based on his sexual orientation at his Plano home, according to Beacon-News archives.
Malert pleaded guilty to the hate crime charge and was sentenced last year by McCann to two years and 10 months in prison, according to Kendall County court records.
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