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While LGBT community outrage continues over the lenient sentence a Boston Municipal Court judge gave to a convicted gay basher last month, the suspects in an alleged anti-gay assault on two men in Boston’s South End last week were arraigned at the same court.

According to Suffolk County District Attorney Dan Conley’s office, Howard Rice, 50, of Boston, was arraigned June 16 on charges of assault and battery and disorderly conduct before Judge Sally Kelly. Darren Morgan, 46, of Milton, was arraigned on disorderly conduct. The charges stem from an incident that occurred on the night of June 15 near the Myers and Chang restaurant on Washington Street. According to a police report, Rice and Morgan allegedly confronted two men as they walked toward the restaurant and shouted, "Hey faggots, are you guys boyfriends?" The victims told police they attempted to avoid the alleged assailants, who were standing by a bus stop, when Rice put one of the victims into a headlock. The victim was able to break free and attempted to walk into Myers and Chang with his companion. Rice and Morgan allegedly followed the victims into the restaurant, shouting "derogatory remarks" and continuing their attempts to assault the victims. A restaurant staff person helped push the alleged assailants out of the doorway and then called police. One of the victims identified the suspects, who were seated on an MBTA bus bench, for the police. When officers attempted to question the suspects, they allegedly became "extremely belligerent," aggressively shouting at the officers and flailing their arms, drawing a crowd of onlookers. The suspects were arrested and transported to the Area D-4 police station on Harrison Avenue.

According to Conley spokesman Jake Wark, prosecutors recommended that both Rice and Morgan be held on $3000 bail pending their next court appearances. Kelly, however, released Morgan, who returns to court on July 17, on his own recognizance. Rice, who returns to court on July 7, was held on $500 cash bail.

Though police did not charge Rice and Morgan with civil rights violations based on the alleged anti-gay language used during the attack, Wark said that given the circumstances alleged in the police report, Conley’s office is treating the alleged assault as a hate crime. Officer Joe Zanoli, a spokesman for the Boston Police Department said the case has been referred to the Community Disorders Unit (CDU), the division that investigates suspected hate crimes.

"We expect civil rights violation charges will be forthcoming for both defendants," said Wark, noting that once those complaints are obtained, Rice and Morgan would be re-arraigned in court.

Wark could not provide a time frame for when such charges would be filed.

"There are interviews ongoing with the victims and potentially witnesses," Wark explained. "One victim, I understand, is out of town at this time so it may be another few days before we are able to speak with that victim."

Next: Protests against lenient sentence