A woman who kicked a stroller with a 3-month-old baby inside was convicted Monday of a bias crime and sentenced to 30 days in jail and a year of probation.

Joy Marchenko, 53, was convicted of second-degree intimidation after she admitted to kicking a baby’s stroller because she was upset that the baby was white and his mother was black. Second-degree intimidation is considered a bias crime according to Oregon law.

Court documents state Marchenko and the victim lived in the same apartment building in Southwest Portland. One day in early March, Marchenko was in the lobby when she saw the victim and her baby. The victim told investigators that Marchenko approached her and seemed agitated. She told the victim that she should be married, and told her that she “did not like that she had a white child,” according to a probable cause affidavit.

Court records show that Marchenko then went to get a drink and returned “visibly intoxicated.” She told the victim she couldn’t be in the building’s lobby for more than 30 minutes, and asked the victim again why she had a white child. The victim said Marchenko then kicked the stroller. The baby, who was inside, began crying hysterically.

Shortly afterward, according to the affidavit, Marchenko told a police officer she kicked the stroller because “a black woman would not leave the lobby.” The officer asked Marchenko if she had kicked the stroller because the baby was white and the mother was black, and she told him “yes.” Marchenko told the officer that she “pushed the stroller with her foot,” but video surveillance from the building showed Marchenko kicking the stroller into the wall.

Marchenko was initially charged with three counts of second-degree intimidation, one count of second-degree disorderly conduct, harassment, third-degree criminal mischief and attempt to commit a class C felony. On Monday, she pleaded guilty to one count of intimidation.

During the court hearing, the victim addressed the court, and asked why Marchenko would target a baby.

“He’s little. He didn’t do anything wrong. He was sleeping,” the victim said, according to a news release from the Multnomah County District Attorney’s office. “I’ve never bothered [Ms. Marchenko.] I’ve never said anything to her. We’re a community and we all need to get along."

—Jayati Ramakrishnan; 503-221-4320; jramakrishnan@oregonian.com; @JRamakrishnanOR

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