Community leaders in Crown Heights have criticized the sentence imposed on a man convicted of ramming his car into the headquarters of Chabad-Lubavitch on Eastern Parkway, saying it fails to reflect the gravity of the attack.
Dan Sohail, 36, of Carteret, N.J., pleaded guilty to one federal count of damaging religious property after driving his Honda Accord down a ramp to the handicapped-access entrance on Jan. 28. He removed protective barriers, then repeatedly struck the vehicle into the synagogue entrance five times, reversing between impacts and knocking the doors off their hinges. No injuries occurred.
U.S. District Judge Eric N. Vitaliano sentenced Sohail to time served plus seven days, departing from prosecutors' request for 14 months. He is expected to be released next week after serving just over six months.
Before the attack, Sohail signaled for people near the entrance to move away. However, hundreds of yeshivah students and worshippers were inside observing Yud Shevat, a significant date on the Chabad calendar marking the anniversary of Rabbi Yosef Yitzchak Schneersohn's passing and the start of Rabbi Menachem Mendel Schneerson's leadership.
Yaacov Behrman, a Chabad headquarters liaison, stated that had people been exiting through that entrance, the attack could have caused mass casualties. He expressed puzzlement over why Sohail was not charged federally with a hate crime.
"Deliberately choosing a synagogue and driving a car into it while 2,000 people were inside is inherently an act of hate, regardless of what was happening in his mind," Behrman told the source.
Crown Heights resident Eli Cohen called the sentence disappointing for what he characterized as "definitely deliberate" And noted that "He was stopped only because he hit the post between the two doors at that entrance." He stated: "This is more than a property crime. It could have been devastating."
Federal sentencing guidelines recommended zero to six months, while prosecutors sought 14 months, arguing it reflected "the seriousness of the offense, the need to promote respect for the law and protect the public and the need for general deterrence."
At sentencing, Vitaliano acknowledged antisemitic crimes as a "stain on the soul of this city" But stated he could only sentence for the charged offense. "A property crime is what was charged here. Not a hate crime," He said.
Court documents revealed concerns about Sohail's mental health. His attorney argued his actions stemmed from severe mental illness rather than antisemitic motivation, writing: "Rather than an act of hate, as it reasonably appeared at first blush, Mr. Sohail saw his actions as a desperate call for help."
Initial state hate-crime charges were dismissed after his federal guilty plea. Sohail must pay over $19,000 in restitution and receive treatment for post-traumatic stress disorder and a personality disorder.
Behrman expressed concern about the broader message: "Beyond this individual case, I am deeply concerned about the broader message the sentence sends, particularly at a time when Jewish people face growing danger around the world."