convicted felon Jason Lee Fenstermacher likes to salute Adolf Hitler, yap about the supremacy of his race and assault Mexican-Americans. The 29-year-old Orange County member of Public Enemy Number One (PEN1) has been known to use a Mazda Miata to bar-hop, guzzle pitchers of beer or gulp large glasses of Tokyo Tea, a potent combination of vodka, gin, rum, Tequila, triple sec and Midori melon liqueur.
At least in July 2008 such was the case in Costa Mesa, where Fenstermacher, Veronica Lynne Weber and another PEN1ster, Keith Hunter, bar hopped, drank large quantities of alcohol, played pool, fretted endlessly about the lack of class and sophistication exhibited by other races and dreamed of punishing inferiors with violence. By 1:30 p.m. near the intersection of Bristol Street and Red Hill Avenue, they were toasted as they listened to white-supremacist tunes and found a Mexican-American who'd stopped his vehicle at a red light on his way to work.
“Your race is a bunch of pussies!” Fenstermacher and Hunter yelled at Edgar Alberto Sanchez Galindo, according to police reports. “White pride! . . . Hail Hitler!”
At the intersection of Bristol and Jamboree Road, the two idiots jumped out of their Miata and began punching Galindo in the face. They fled laughing. An alarmed good Samaritan captured
their license plate, police made arrests, the Orange County District Attorney's office prosecuted the case and a 2009 jury voted guilty.
But this week, Fenstermacher (who has PDS for “PEN1 Death Squad” tattooed across his throat) argued that his prison sentence of seven years and eight months should be overturned in part because he didn't commit street terrorism or perform his stunt on PEN1's behalf. (Hunter was sentenced to five years in prison; Weber got 180 days in jail.)
Specifically, Fenstermacher claimed that because PEN1's primary activities are “murder, attempted murder, assault with a deadly weapon, narcotic sales and vehicle theft,” his verbal and fist attack on Galindo couldn't have been carried out to benefit the gang. In other words, his behavior was minor-league dereliction that doesn't factor into PEN1's charm. The Santa Ana-based California Court of Appeal didn't buy it.
“PEN1 is a white-supremacist gang,” a three-justice panel wrote in response to Fenstermacher's claim. “Its existence is premised on hatred. It is logical to conclude that a hate crime committed against a nonwhite person promotes PEN1's activities and is gang-related.”
The ruling is good news and bad news for the hoodlum. The good news for Fenstermacher is that the assault case is relatively meaningless. That's because of the bad news: He's facing attempted murder charges in another pending case.
–R. Scott Moxley / OC Weekly
R. Scott Moxley’s award-winning investigative journalism has touched nerves for two decades. An angry congressman threatened to break Moxley’s knee caps. A dirty sheriff promised his critical reporting was irrelevant and then landed in prison. The U.S. House of Representatives debated his work. Federal prosecutors credited his stories for the arrest of a doctor who sold fake medicine to dying patients. Moxley has won Journalist of the Year honors at the Los Angeles Press Club; been named Distinguished Journalist of the Year by the LA Society of Professional Journalists; and hailed by two New York Times Magazine writers for his “herculean job” exposing Southern California law enforcement corruption.