Jordan Douglas Krah is a Denver, Colorado man who was charged in Contra Costa County, California, with a misdemeanor hate crime and misdemeanor battery after a Christmas 2022 racist and homophobic outburst at a San Ramon In-N-Out Burger was captured on TikTok and went viral. He was 40 at the time of his arrest.1NBC News. Man Who Went on Homophobic, Racist Rant Arrested on Hate Crime Charges
What Happened at the San Ramon In-N-Out
On the night of December 24, 2022, Arine Kim, a 20-year-old UCLA student, and Elliot Ha, a 20-year-old Duke University student, were eating at an In-N-Out Burger on San Ramon Valley Boulevard. Both are Korean American, were home for the holidays, and were filming a TikTok of Ha reacting to off-menu items.2The New York Times. Man Arrested After Racist Rant at In-N-Out Burger Was Caught on TikTok
Krah approached their table unprovoked, asked if they were recording themselves, and called them “weird homosexuals.” Police later described what followed as a “homophobic and racist rant.”1NBC News. Man Who Went on Homophobic, Racist Rant Arrested on Hate Crime Charges After learning they were Korean, he called Ha “Kim Jong Un’s boyfriend,” used racial and homophobic slurs, used anti-Filipino epithets despite the victims being Korean, threatened to spit in Ha’s face, called himself “a slavemaster,” and said “See you outside in a minute” as he left.3The Independent. Man Arrested After Racist and Homophobic Rant in California Kim and Ha waited inside the restaurant until it closed, and employees walked them to their car.4NBC Bay Area. Man Arrested After Racist, Homophobic Rant at San Ramon In-N-Out
The Danville Incidents the Next Day
On Christmas morning, Abigail Halili reported that Krah yelled at her and her siblings from a parked car while they were window shopping in downtown Danville, accusing them of planning to vandalize and rob a shop, calling them “Filipino idiots,” making obscene hand gestures, and accusing them of dealing cocaine.5Patch. In-N-Out Man Also Accused of Harassing People in Danville
Also on December 25, prosecutors allege Krah spit on a person at Lunardi’s Market in Danville. That act became the basis for the battery count in the criminal complaint.6Contra Costa County District Attorney. District Attorney Charges Colorado Man After Hate Crime Incidents Kim later confirmed through social media contact with Halili that the same man was behind both days’ confrontations.7Patch. District Attorney Charges In-N-Out Suspect With Hate Crimes, Battery
How the TikTok Video Led to His Arrest
Kim posted the In-N-Out footage the day after the encounter, and it drew millions of views across platforms.4NBC Bay Area. Man Arrested After Racist, Homophobic Rant at San Ramon In-N-Out San Ramon Police Chief Denton Carlson asked on social media for help identifying the victims and the suspect. Investigators had surveillance footage showing Krah in a silver Ford Mustang with Florida plates, and a member of the public who recognized him at a local Target tipped off police.8CBS News San Francisco. Couple Targeted in Racist Rant at San Ramon In-N-Out Overwhelmed by Public Support San Ramon police arrested Krah on Monday, December 26, 2022, and booked him into the Martinez Detention Facility on suspicion of two counts of committing a hate crime.1NBC News. Man Who Went on Homophobic, Racist Rant Arrested on Hate Crime Charges
The Charges and Possible Penalties
On December 30, 2022, the Contra Costa County District Attorney’s Office filed a two-count misdemeanor complaint, case number 01-22-02600, The People of the State of California v. Jordan Douglas Krah:
- Hate crime under California Penal Code Section 422.6, for the Christmas Eve incident at the San Ramon In-N-Out.
- Battery under California Penal Code Section 242, for the Christmas Day spitting incident at Lunardi’s Market in Danville.6Contra Costa County District Attorney. District Attorney Charges Colorado Man After Hate Crime Incidents
A misdemeanor conviction under Section 422.6 carries up to one year in county jail, a fine of up to $5,000, or both, plus up to 400 hours of community service.9California Office of the Attorney General. California Civil Rights Laws To convict, prosecutors must prove that the defendant willfully used force to interfere with another person’s rights and that bias based on a protected characteristic, such as race or sexual orientation, was a “substantial motivating factor.”10Justia. CALCRIM No. 1350 – Hate Crime: Misdemeanor Interference With Civil Rights by Force
Krah posted bail by December 29, 2022, and arraignment was scheduled for February 1, 2023.11Danville San Ramon. DA Charges Colorado Man After Hate Speech, Battery Incidents in San Ramon Valley
A Separate Colorado Case
The Contra Costa County District Attorney’s Office disclosed that Krah faced a separate prosecution in Denver, Colorado, for vehicular assault, and that Colorado authorities intended to extradite him.6Contra Costa County District Attorney. District Attorney Charges Colorado Man After Hate Crime Incidents The file does not provide further detail on that case.