A mob beating believed to be result of the victim’s sexual orientation does not meet the definition of a hate crime, FBI officials said.

This comes as Suffolk authorities announce the arrest of the fifth suspect in the weekend assault. Police nabbed Dontra Artis of the 1100 block of Blythewood Drive Monday night.

The other four suspects were arrested over the weekend.

Suffolk authorities had turned the case over to the FBI for investigation as a possible hate crime.

By state code, hate crimes only address race, religion and gender under state code, said Lt. Debbie George, spokeswoman for the Suffolk Police Department. However, federal law stipulates that charges can be brought when a victim’s sexual orientation is believed to be a factor.

Marvin Jackson, 18, of Newsoms was visiting family in 1200 block of East Washington Street Saturday when he was severely beaten, said George.

Jackson told police he had been assaulted by five males, who were guests at a party being held at the house. As he was repeatedly struck, kicked and hit with a chair, the suspects yelled homosexual slurs, the victim told police.

Jackson sustained lacerations to the head and other bruises throughout his body, requiring several stitches. He was treated and released from Obici Hospital.

The other men charged in the incident include James C. Scott III, 19, of the 4600 block of Sleepy Hole Road; Dontrail Eley, 18, 6000 block of Brookwood Drive; Terrell Artis, 19, 1100 block of East Washington Street; and Keith Sessoms, 18, 1100 block of Woods Parkway.

All of the suspects are still being held in the Western Tidewater Regional Jail, each charged with malicious wounding and assault by mob.

allison.williams@suffolknewsherald.com