“I hate you fucking Indians,” Upton, a complete stranger to the group, yelled. “We don’t want you here.” Upton called the group “curry ass bitches.” She continued hurling insults, eventually assaulting three of the women and threatening to shoot them.
When the women asked Upton to leave them alone, she yelled, “Go back to India … If things are so great in your country, then stay there!”
Chatterjee and her friends are all American citizens and the whole incident was caught on a video that received national attention. Now, about two years later, Upton has been sentenced to 40 days in the Collin County jail after pleading guilty to three counts of assault and one count of making terroristic threats. The charges and conviction included a hate-crime specification under Texas law.
Upton will be allowed to serve her sentence on the weekends starting on July 19. The judge warned her if she failed to appear, she would be serving her time consecutively. The sentence was part of a plea deal between the Collin County District Attorney’s Office and Upton’s counsel. Upton’s legal representation didn’t respond to requests for comment.“The lack of an apology speaks volumes about her lack of remorse and contrition." – Subodh Chandra, attorney
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According to The Chandra Law Firm, which represented Chatterjee, Upton did not apologize for her actions in court. Chatterjee also has a pending civil suit against Upton regarding the incident.
“The lack of an apology speaks volumes about her lack of remorse and contrition,” Subodh Chandra, Chatterjee’s attorney, told the Observer by phone. “To me, it suggests she simply cut a plea deal, not to accept responsibility, but to minimize consequence.”
After Upton pleaded guilty but before she was sentenced, Chatterjee told the court, “The nightmare of August 24, 2022, will forever haunt me and my family. To be attacked for my race and appearance is very hard to get past.”
She said Upton’s hate-driven actions affected her deeply. “My American-born children look like Indians,” she said. “Because of your hatred and attack, I am now constantly scared for them. That’s the worst effect of what you did to me – that constant worry and anxiety.”
Chatterjee said she no longer feels safe even talking with friends in public spaces. “You've affected my ability to just live a normal life and experience those normal moments of enjoyment without fear or worry,” she said. Chatterjee hasn’t been back to Sixty Vines since the 2022 incident, and she doesn’t think she’ll ever return.
However, she said her pride as a person of Indian origin remains intact. “We value peace, family, education, righteousness, and the rule of law,” she said. “My faith in humanity as a whole is also not changed, because people of all races have shown me support and compassion after your attack.”
She hopes Upton’s sentencing will discourage her and others from committing similar acts of hate. “I hope that you never discriminate against, spew hateful words against, threaten, intimidate, or attack any other person,” Chatterjee said.
Chandra said this fight is not over. “This is one step toward complete justice,” he said. “It’s one step in the healing process.”
