Josie Smith-Malave
On September 1, 2007, Josie Smith-Malave, 32, a former contestant on the Bravo Network's Top Chef series, was beaten along with her sister and a gay friend, outside of Partners, a bar in Sea Cliff, NJ. Smith-Malave said that while the were beaten others laughed and took photographs of their ordeal.
Background
Josie Smith-Malave
Born in Miami, Smith-Malave makes her home in Brooklyn, NY. She went to cooking school in New York, and after graduating worked many top chefs – including Wylie Dufresne of WD-50 before becoming a sous chef at Marlow and Sons in Brooklyn. She also played football for the New York Sharks, a professional women's football team, before a car accident and a herniated disk ended her football career.1)
On September 1, 2007, Smith-Malave was at Partners with her sister Julie Smith – who is heterosexual – and lesbian friend Emily Durwood, to celebrate a birthday during Labor day weekend.
Attack
The incident started when Smith-Malave, her sister, and Durwood, 30, were asked to leave the bar. Reports vary on why the women were asked to leave the bar. The New York Daily News reported that the women began dancing together, and were escorted from the bar after patrons started making nasty remarks. A crowd of 10 or more patrons followed the women out of the bar and surrounded them, yelling anti-gay slurs.2)
Smith-Malave said that she and Durwood were dancing close together, with her arm around Durwood's shoulder and her hand on Durwood's hip. “We definitely looked like lesbians,” Smith-Malave said.3)
Channel 7 Eyewitness News in New York reported that a bouncer asked the women were asked to leave because they were suspected of being with underage drinkers. However, Durwood says that they were not with anyone underage, but that a woman she met at the bar overheard a bouncer say that it was getting “too gay.”4)
According to a statement released by Smith-Malave's lawyer, Yetta Kurland, the women were followed from the bar by “a mob of nine to 12 young adults.”5) Another report said the crowd consisted of three females and nine males. The crowd gathered around them shouting slurs, throwing objects, and spitting at them before attacking.
Smith-Malave said the crowed punched, kicked and spit on them while yelling epithets including “fucking dyke” and “bush muncher.”6) A witness who lives across the street from the bar and saw the attack said she also heard someone yell “I hope you die of AIDS,” during the attack.7)
Bar patrons and employees spilled out to watch the attack, which lasted about 15 minutes, but did nothing to stop it according to Smith-Malave. Smith Malave suffered bruises all over her body, a large bump on the back of her head, swelling, and some hearing loss. Police officer took her account at the scene, but made no arrests and did not offer medical treatment.8)
One of the men stole Smith-Malave's video camera, which she had been using to record the attack. Victims said people were taking pictures of the beating as they watched.9)
Arrest
On September 13, The Village Voice reported that Matthew M. Walli – a homeless man originally from Oregon10) – was arrested in connection with the beating. Police said that Walli forcibly stole a video camera from one of the women, forcing her to fall and injure her knee.11) Walli, 20, was charged with second degree robbery as a hate crime, which is punishable by up to 15 years in prison.12)
After destroying the footage, Walli returned the camera to Partners. The bar contacted the police, and gave them Walli's name.13)
Aftermath
Sea Cliff residents responded to the incident by planning a community-wide rally on September 29, at 5:00 p.m., to celebrate the community's commitment to diversity.14)
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