The Palm Beach County Human Rights Council lambasted Palm Beach County State Attorney Dave Aronberg on Tuesday for not seeking a felony conviction against a Florida man accused of defacing the colorful Pride Intersection street mural in downtown Delray Beach last February.
Dylan Brewer, 19, was originally charged with felony mischief and reckless driving, but was offered the chance on Tuesday to plead guilty to two misdemeanor charges that would allow him to avoid any prison time. Final approval of the plea deal is up to Circuit Court Judge Daliah H. Weiss at a hearing scheduled for Jan. 8.
In a scathing statement, Palm Beach County Human Rights Council President Rand Hoch, a retired judge, said Aronberg “added insult to injury by offering a plea deal to settle Brewer's case as a misdemeanor instead of the felony he was originally charged with."
Hoch, who said the prosecutor’s office had discussed the plea deal with him and his organization before Tuesday’s hearing, said Aronberg told him it was going to be difficult to prove the damage done to the intersection to back the felony charge.
“With all of the video and documentary evidence, any first year lawyer could have convinced a judge and jury that the damages Brewer caused exceed $1,000," said Hoch. "I cannot fathom why Dave Aronberg cut such a sweet deal for Brewer. It just makes no sense legally."
In a statement to WLRN, Aronberg called Hoch's remarks "baseless," saying Hoch "has never been a prosecutor and continues to show his extreme ignorance of the law."
"Our office will keep standing strong against hate in our community, and will continue to urge the legislature to give us additional tools to maximize punishment of offenders," said Aronberg. "Our priority is the safety of our community, rather than trying to score cheap political points and fundraise on what is a serious subject.”
The State Attorney's Office said the terms of the tentative plea agreement will require Brewer to make a restitution payment of $5,698.71 to the city of Delray Beach. He must also be on probation for 12 months, perform 75 hours of community service and enroll in an anger management course, along with fines and court costs. His driver's license will be revoked for one year, too.
"The State Attorney’s Office conveyed this offer to the defense after many hours of review and thoughtful consideration by State Attorney Aronberg, Chief Assistant State Attorneys, our Hate Crimes Prosecutor and our Training and Research Director," the State Attorney's office told WLRN. "This punishment is not a light one for this criminal case."
Aronberg's office also said Florida law prevented prosecutors from charging Brewer with a hate crime.
"As written, the law requires that a defendant commit a crime against a member of a protected class. Since the Pride intersection is the property of the City of Delray Beach, the city is the named victim," the State Attorney's Office said. "Since a city cannot be a member of a protected class, the state’s hate crime enhancement law cannot apply."
"Our office will always support the LGBTQ+ community and the enforcement of laws that protect against acts of prejudice," the statement added. "Hate has no place in Palm Beach County."
Brewer, who is from Clearwater, was arrested in connection with an incident on Feb. 4, 2024, at about 8 p.m. when he used his truck to do “burn-outs” in defacing the Pride Intersection street mural in downtown Delray Beach, according to police. His truck left dark skid parks over the mural’s bright colors. The incident was captured on surveillance video, and by witnesses, according to police.
It marked the second time in three years that the mural — dedicated to the LGBTQ+ community — was ruined.
The original mural was approved three years ago by the Delray Beach City Commissioners at the intersection of Northeast Second Avenue and Northeast First Street. The Palm Beach County Human Rights Council and the AIDS Healthcare Foundation provided $17,000 to complete the artwork, which features the well-known rainbow colors associated with LGBTQ+ pride.
Delray Beach police tracked down Brewer through his Instagram account and the truck's license plate. The truck was registered to his parents, Barry and Marisa Brewer, of Clearwater. The Instagram profile included the same truck Dylan Brewer drove the night of the alleged incident.
Dylan Brewer turned himself in to law enforcement authorities in Delray Beach.
CORRECTION: A previous version of this story included a quote from Palm Beach County Human Rights Council President Rand Hoch who claimed Palm Beach County State Attorney Dave Aronberg was not re-elected to office in November. Hoch was wrong. Aronberg did not seek re-election in November to a fourth term and was not on the ballot. He was first elected in 2012.
