Plano hate crime victim reaches civil settlement after viral video incident

A woman featured in a viral video of a racist incident in Plano has settled with her attacker in a civil lawsuit.

Esmerelda Upton approached four South Asian women, including Dr. Bidisha Rudra, outside Sixty Vines restaurant in Plano three years ago. A video of the attack went viral on social media. Upton told Rudra and her friends to go back to their country.

“We don't want you here,” Upton said. “If things are going so well in your country, stay there.”

Rudra's attorneys said in a news release that they have reached a settlement in Rudra's civil suit against Upton. The terms of the settlement are not available, but according to the press release the matter has been resolved to the satisfaction of both parties.

Upton pleaded guilty in a Collin County court to four hate crime charges last year. She was also convicted on three counts of assault and one count of terroristic threats. She was sentenced to two years of community supervision probation and 40 days in jail for each count. The prison sentences were served concurrently. She was also issued four fines totaling $2,000.

Rudra said in the press release that the trauma of the confrontation motivates her to stand up against racial hatred. Her attorneys represented her pro bono after a referral from The Alliance for Asian American Justice, a national organization that advocates for victims of anti-Asian hate crimes.

“This crusade against racism is far from over,” Rudra said. “I will be an ally and a voice for those too afraid or hesitant to speak out. “

Do you have a tip? Email Caroline Love at clove@kera.org.

Caroline Love is one Report for America corps member for KERA News.

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