Woman who pepper-sprayed Muslim New York Uber driver as he prayed faces hate crimes charges

Lawyer for suspect says she was not motivated by race, religion or discriminatory factors

The Manhattan district attorney the woman 'senselessly assaulted a Muslim Uber driver while he was just doing his job'. Photo: ABC7 New York

New York prosecutors have charged a New York woman with hate crimes several months after she pepper-sprayed her Muslim Uber driver on the Upper East Side.

“The victim is a hardworking New Yorker who should not have to face this type of hate because of his identity,” said Manhattan District Attorney Alvin Bragg. “She senselessly assaulted a Muslim Uber driver while he was just doing his job.”

Court documents allege that back in July, Jennifer Guilbeault, 23, pepper-sprayed Uber driver Shohel Mahmud, 45, as he began to pray in Arabic at a red light. Ms Guilbeault was seated in the back with another passenger.

“Ms Guilbeault lunged forward, toward the driver's seat,” the district attorney said.

Video obtained by local news outlet ABC7 shows that she proceeded to spray Mr Mahmud in the face.

Mr Shohel can be seen shouting in pain and shortly after, Ms Guilbeault can be seen and heard saying to the other passenger: “Get him out.”

In the video, the other passenger appears shocked and repeatedly asks Ms Guilbeault what she is doing.

“Everyone is welcome to live and work in Manhattan, and our hate crimes unit will continue to address bias-motivated attacks by thoroughly investigating and prosecuting cases, conducting community outreach, and supporting victims,” said Mr Bragg.

Ms Guilbeault's attorney, Michael Alber, said that the matter should not be charged as a hate crime.

"She was not motivated by race, religion, national origin, or any other discriminatory factor," he wrote in an emailed statement to The National.

"This case needs to be looked at with all surrounding circumstances which include assessing all of the evidence and lack of evidence. We look forward to working with the District Attorney's office to fully vet all of the facts in the proper forum, which does not embellish or exaggerate the claims, especially where the integrity and credibility of claims can properly be tested. A full and fair review of the evidence is going to show a crime was not committed in this matter, and that a rush to judgment is not appropriate, and is hurtful to all those involved," he added.

When describing the attack to ABC7, Mr Shohel said that he “was kind of hanging out of the car” and that his seat belt prevented him from escaping initially.

“I closed my eyes and finally got out, but realised my car was running so I put it in park again and got out,” he said.

Prosecutors said that Ms Guilbeault has been charged with one count each of second-degree assault as a hate crime, third-degree assault as a hate crime and second-degree aggravated harassment.

Generally speaking, hate crimes are based on the specific targeting of someone due to bias-motivation based largely on ethnicity, religion, gender or disability. Hate crimes have a strong potential of resulting in more severe penalties.

Ms Guilbeault has pleaded not guilty to the charges.