Julie Ward says she and her friends were held and beaten for being lesbians (KVUE News image)

Weir, Texas – A group of lesbians say that they were thrown out of a local bar and then held and beaten because of their sexual orientation. Weir, Texas is a town of 500+ souls in Northeast Williamson County, east of Georgetown and north of Austin. Julie Ward, her sister, sister-in-law, and another friend stopped in the Bunkhouse Bar, the only place to get an adult drink in the town, late on Sunday, according to the Dallas Voice. Ward, one of the victims in the crime, said to KVUE News that she and her party got beers and started playing pool.  A female employee of the Bunkhouse approached them to tell them the bar “didn’t serve [their] type,” that they were not welcome there, and to see them out the door. When the group of women moved outside, patrons of the bar followed them into the parking lot, seized them, and commenced to beat them while hurling anti-lesbian slurs at them.

Ward says that women held them while the men from the bar beat them.  She told KVUE: “As we came outside into the parking lot, we were followed by the patrons of the bar and our arms were held back by women and we were beaten by men. A man told me if I was going to look like a man, I better be able to take a hit like a man, and I was punched in the face at that moment and hit the ground.” Ward continued: “We’re just people too. We’re normal people that wanted to be in a bar. We wanted to spend our money there. We wanted to play pool there and because of our sexuality we weren’t welcome.”  Ward, her friend, and her sister suffered multiple scrapes, bruises, and cuts on their arms and legs from the beating.

A bar spokeswoman says that “sexual preference” didn’t cause the attack.  In her version of the incident, the lesbians were “rough housing,” and were asked to leave.  No explanation was given of why patrons of the bar followed the victims outside, held and beat them. Weir residents are making the customary defense of their hometown, saying that things like a lesbian beat-down don’t occur in their close knit community.

The Williamson County Sheriff’s Department says that the investigation is ongoing, and if a hate crime was perpetrated, then the case will be treated as a bias crime at that time. No arrests in the beating have yet been announced.

Mickey Jo Smith, convicted of anti-gay hate crime in East Texas.

Paris, Texas – The second of three defendants in the Reno, Texas homophobic hate crime attack on a gay man received a 10 year sentence after pleading no contest to the charges against him. Mickey Jo Smith, 25, took his medicine for participating in the savage beating and burning of 28-year-old Burke Burnett that took place after an October 30, 2011 Halloween gathering gone seriously wrong.  Smith offered no defense Tuesday against charges of aggravated assault with a deadly weapon, plus a hate crime enhancement, as reported in the Dallas Voice.

Burnett, who suffered multiple bruises, stab wounds, and cuts from a broken beer bottle, plus second degree burns from being bodily dumped in a blazing trash barrel, offered this statement on Wednesday to the Voice: “I am grateful and comforted to hear of the sentencing of Micky Joe Smith. So many people who have endured similar experiences of hate crimes have not been afforded the opportunity to see justice served. The gay community in North Texas is a safer place today.”

In February, James Mitchell Laster, 32, pled no contest, and was sentenced to eight years in prison for his part in the hate crime.  The third suspect in the attack, Daniel Shawn Martin, 33, who like the other defendants yelled homophobic slurs at his gay victim while prosecuting his assault, was scheduled to face trial on Wednesday, but according to court officials, his day in court has been postponed.

Texas prosecutors have been reluctant to invoke the state’s hate crimes law in cases involving gay or lesbian victims.  The fact that both men convicted in this brutal example of homophobia have been sentenced with a hate crimes enhancement is significant–perhaps indicating that the LGBTQ community’s protests have been heard by state and local officials.

Alexis Jenkins and (Mable) Ashley Jenkins, both 19, convicted of anti-gay hate crime in Eastern Kentucky

Lexington, Kentucky – Two teenaged women pled guilty on Wednesday as accomplices in the kidnapping and assault of a gay man in Harlan, Kentucky. The women are the first persons convicted under the provisions of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, signed into law by President Barack Obama in October 2009.  The U.S. Attorney’s Office for the Eastern District of Kentucky announced that Alexis LeAnn Jenkins and Mable Ashley Jenkins, both 19 years old, entered guilty pleas to assisting a pair of cousins, Anthony Ray Jenkins and David Jason Jenkins, in a brutal assault and attempted murder against Kevin Pennington, an openly gay man whom the quartet abducted to Kingdom Come State Park on April 4, 2011.  The women’s pleas were sealed for another two days, according to LGBTQ Nation.  If they are found guilty of the charges, and no plea bargain agreement is in play, the women could face life sentences. It may be that they agreed to cooperate with federal authorities in order to receive lesser sentences, which will be handed down against them in August as the court schedule now stands. Alexis Jenkins is the spouse of Anthony Jenkins, and (Mable) Ashley Jenkins is his sister and a cousin of (David) Jason Jenkins.

The announcement of the guilty pleas come a day after a federal grand jury indicted Anthony and Jason Jenkins of kidnapping, conspiracy, and carrying out a deadly attack on Pennington because of his sexual orientation. The cousins have entered not guilty pleas to all charges, and will have their day in court on June 18.

In a statement issued Friday by the U.S. Attorney’s Office, the roles played by Alexis and Ashley Jenkins in the near-deadly attack on Pennington became clearer:  “The women admitted they lured [Kevin] Pennington into a truck with two other defendants, Anthony Ray Jenkins and David Jason Jenkins. The truck was driven to an Eastern Kentucky state park where Pennington was allegedly assaulted by the male defendants,” the statement says. “Both women waived their right to be indicted and pleaded guilty to the charges brought by U.S. Attorney [Kerry B.] Harvey and the Department of Justice’s Civil Rights Division.”

Though the Jenkins cousins recruited the women to entice Pennington into their Silverado pickup, Alexis and Mable were equally as intent on the gay man’s murder as were the men, according to the details of the federal indictment filed against Anthony and Jason. Kentucky.com reports that the women allegedly cheered on the Jenkins men as they beat Pennington senseless, yelling “Kill the faggot!” Pennington, who is 28, suffered injuries to his chest, head, face, and neck.  Had he not escaped his attackers, he has no doubt he would have been killed. Prosecutors indicate that the savagery of the gay bashing is not what qualified it as a federal hate crimes case.  Instead, the fact that the defendants transported the victim in their vehicle on a federal roadway allowed the FBI and the U.S. Attorney’s Office to become involved in the investigation and prosecution of the crime.  The Kentucky Equality Federation appealed to the U.S. Justice Department to intervene in the case, since local judges and other law enforcement officers were reluctant to carry the investigation forward in an effective way.

Cousins Anthony Ray Jenkins (l) and David Jason Jenkins (r), indicted under the Shepard/Byrd Hate Crimes Act for anti-gay attack.

Lexington, Kentucky – Two cousins face the first charges filed by the Federal Government under the Matthew Shepard/James Byrd Jr. Hate Crimes Prevention Act for attacking a gay man, as announced by the U.S. Attorney’s Office in Lexington.  According to the Associated Press, David Jason Jenkins, 37, of Cumberland, Kentucky, and Anthony Ray Jenkins, 20, of Partridge, Kentucky were indicted early this week by a federal grand jury for a savage April 2011 attack upon Kevin Pennington, a gay man who refused to perform sexual acts upon the cousins.  The Jenkins cousins were also indicted on federal kidnapping, assault, and conspiracy charges. Both men pleaded not guilty to the charges. If convicted, each defendant could face a life sentence in prison.

CNN quotes the indictment as saying that the cousins enlisted two women to entice Pennington to get into their pickup truck on April 4, 2011 for a trip into the pristine wilderness of the Kingdom Come State Park in Harlan.  ”David Jason Jenkins and Anthony Ray Jenkins made a plan to assault Pennington because of his sexual orientation,” the indictment reads. The men wore clothing that made it difficult to see who they were, and disabled the dome light inside the pickup to further obscure their identities.  The FBI affadavit says that when David Jason Jenkins demanded Pennington service him sexually, Pennington refused. Jenkins threatened to rape him. The cousins stopped the truck, dragged Pennington out of the cab, and brutally assaulted him while shouting, “How do you like this, Faggot?”  Pennington reported to human rights advocates, “The whole time I screamed and begged them to stop, I was screaming I’m sorry for whatever I had done to make them want to do this to me. I can remember seeing bright flashes of light every time one of them would stomp or punch me in the head with them telling me he was going to rape me asking me if I was going to suck his [edited] how they would hold me down if they had to and how he was going to [edited] me in the [edited] dry until I bled.” Knocked unconscious, he lay on the forest floor. He awoke and managed to escape while his assailants were debating how best to dispose of his body. Pennington ran to a ranger station, broke a window to gain access to phone, and called police. He suffered multiple injuries, including wounds to his neck, head, back, and face. After treatment, Pennington was released from hospital care, but says he still struggles emotionally with the effects of the attack. Though the two women, Alexis Leann Combs Jenkins and Mable Ashley Jenkins, have been charged with kidnapping and aiding a kidnapping according to the authorities, Edgeonthenet says they have not been indicted by the federal grand jury.

This case is a landmark use of the Shepard/Byrd Act to prosecute an anti-gay hate crime in the nation, and interest around the nation is running high. Since the cousins used a truck and drove their victim on a federal roadway, the case fell under federal jurisdiction.  A U.S. Department of Justice statement read, in part, “The indictment marks the first federal case in the nation charging a violation of the sexual orientation section of the Federal Hate Crimes Law.” Human Rights Campaign’s Michael Cole-Schwartz, who worked for the passage of the Shepard/Byrd Act, said, “It’s vindicating to see that the years of hard work that went into making sure this law was on the books is now being put into place.” Kentucky Equality Federation president, Jordan Palmer, commented on the larger context of the case. “The bigger picture here is that the U.S. attorney’s office is sending a message that you don’t try to hurt someone and you don’t injure them because of their sexual orientation or gender identity,” he said. The Kentucky Equality Federation vigorously lobbied the U.S. Department of Justice to become involved in the case.

As a defense, the cousins claim that Pennington had approached them for illicit drugs, and the deal went bad, a common attempt on the part of perpetrators of hate crimes to deflect attention away from the heinous nature of their acts, and to defame the victim. The Jenkins cousins will face their day in court on June 18.

Sarabeth Nordstrom and Erin Johnston, brutally attacked by homophobes in Boone, North Carolina (Q Notes image)

Boone, North Carolina – Two women perceived to be lesbians were targeted by anti-gay violence at a fast food restaurant in Boone, North Carolina.  Sarabeth Nordstrom and Erin Johnston, a junior exercise science major at Appalachian State University, were verbally harassed with anti-lesbian slurs at the restaurant on February 11 by two females and a male, according to Q Notes.  When Nordstrom and Johnston left for home, the lone male and one of the female harassers followed them.  According to Equality North Carolina, the male initiated the attack upon the women at approximately 2:30 a.m. in the parking lot of the apartment complex where the victims lived.  Nordstrom was struck in the face repeatedly, sustaining a broken nose, eye socket, and cheekbone.  Johnston was knocked to the ground when she tried to call 911 for help, and stomped again and again. Her ribs were broken, her meniscus was torn, and she suffered wounds to her mouth and her nasal cartilage.  They were treated at Watauga Medical Center and released.

The victims said they had never met their assailants prior to the incident.  The alleged main attacker, Ketoine Jamahl  Mitchell, 19, turned himself into Boone Police, and was charged with two counts of assault on a woman, one count of assault inflicting serious injury, and one count of assault with a deadly weapon.  Brooklyn Lacrossa Canter, 18, was arrested in early March, and charged with aiding and abetting the assault.  Mitchell, who has a larceny record in Caldwell County, is being held in the Watauga Detention Center on a $6,000 secure bond, according to The Appalachian Online. Authorities have set April 17 for the first court appearance of Mitchell and Canter.

As Equality North Carolina points out, there is no hate crimes protection for lesbians, gay men, bisexual people, and transgender people in the state law codes.  Since this savage attack, ENC has agitated for the passage of the Safer Communities Act by the NC State Legislature, which specifies LGBT people as a protected class from physical harm.  Since anti-gay slurs were shouted by the assailants at the victims during the harassment and attack, by definition this was a hate crime–one law enforcement authorities in North Carolina are not yet equipped to acknowledge or combat.

The Appalachian State community has rallied to the support of the victims.  On March 2, a University Forum addressed the question of violence against gay people and women, and on March 5 a benefit was held to give the women a hand with their expenses since the attack.  A petition to Governor Bev Perdue and the state legislature to amend the NC hate crimes statutes is collecting signatures on Change.org, and can be accessed here.  A Facebook page has been created in support of the petition.

Alleged gay basher, cane-wielding Wanda Derby, 71, arrested for brutally beating a gay man in Richland Hills, Texas while calling him homophobic slurs (Richland Hills PD photo).

Richland Hills, Texas – A 71-year-old grandmother allegedly beat and choked a gay man with her cane, calling him a “faggot” and falsely accusing him of having AIDS.  Wanda Derby of Richland Hills, a suburb of Fort Worth, unleashed her homophobic attack on Wednesday night against a 25-year-old  gay man her son moved in with last week, according to NBCDFW.com.  Derby and her son had been “having issues” for several days, and her son decided to move in with the man and his family who also live in the neighborhood.  Tensions had been mounting for weeks, according to the victim.  Derby allegedly posted several times on Facebook that her son’s friend had AIDS and was going to die from it.  The victim of the attack says he had to reassure his friends the accusation was not true, and that he was disease free.

The victim, who preferred to be unidentified in two news sources but is openly named in a third, says the Wednesday night attack was unprovoked. Derby, he said, struck him with her wooden cane, choked him with the crook of the cane, and then attacked other family members, including the victim’s mother, whom she allegedly slapped in the face.  Derby repeatedly yelled homophobic slurs as she carried on the attack. “I was very offended,” the victim said to MSNBC. “You just don’t go around calling people names because. It’s just not normal.”  he continued, “We finally got the cane and got it away from her and threw it on the ground. And then that’s when I ran around and got inside the house. And then we started trying to shut the door. And she was like, full force, coming.” 

Detective Tye Bell of the Richland Hills Police told the Dallas Voice that the victim suffered multiple bruises on his torso and marks on his neck from the cane.  He was treated by the Richland Hills Police on the scene.  “[Derby's] statements were very biased toward sexual preference and that gave us the probable cause to file that as a hate crime,” Bell said to Voice reporters.  Derby was arrested Wednesday and charged with aggravated assault with a deadly weapon that may be enhanced due to a hate crimes charge.  Without the hate crimes enhancement, Derby could serve a maximum of 20 years in prison, if found guilty.  With the hate crimes enhancement, she could face a life sentence.  After posting $11,500 bail, she was released on Thursday afternoon from the Richland Hills jail.

The Fort Worth Star-Telegram reports that just hours before the gay bashing, Derby wrote on her Facebook page: “My son Steven is no longer my son. He has sided with the idiots next door and I guess he [thinks] they will take care of him. He will never get another thing from me or his dad. We have washed our hands of him.”  Derby was a longtime financial officer of the Mental Health Mental Retardation Association of Tarrant County, and worked for two years at the American Red Cross of Greater Dallas, according to her posts on Facebook.

The victim of Derby’s hate crime, who is an actor, says she deserves to be taught a lesson, and he hopes she receives the full penalty of the law.  He went on to tell the Dallas Voice that he was proud of being gay. “She’s not going to make me feel bad for who I am,” he said. “I’m not changing my lifestyle because someone feels I am a disgrace.”

All is not well for gays in the City of the Stars.

Hollywood, California – Police are investigating a severe beating at one of the busiest corners in Hollywood this Sunday. According to CBS 2 News, three men approached a lone, 39-year-old Hispanic man at the corner of North Caheunga Boulevard and Yucca Street, asking him if he was gay.  When he said “yes,” the men attacked him so brutally that he lost consciousness.  They only stopped their assault when other people arrived on the scene, and moved in to help the victim.  The victim took a cab to the hospital where he was treated and released.  Police have only a vague description of the attackers. There has been no evidence to suggest there was a racial/ethnic dimension to the assault.  This appears to be a gay bashing, plain and simple, and police in the Hollywood Division of the LAPD are investigating it as such.

The attack took place around 1:30 am in the heart of Hollywood, a location where people have felt safe for years.  For a man to be assaulted so blatantly raises security concerns for residents.  Area resident Daniela Castro told CBS 2 reporters that she was shocked and disgusted that such a hate crime took place in her neighborhood.  “I hate that people have to think that way,” she said. “People need to be more open-minded.” Noting that she walks through the same intersection to and from acting classes, Castro said, “I really hope they get caught. If they keep doing that to people, it’s just not right.”

The gay community in the Hollywood area is on high alert already.  In October, a series of gay bashings took place in West Hollywood, according to the Los Angeles Times.  Authorities downplayed the anti-gay attacks at that time, reassuring the community that there was no evidence that the fall attacks were related to each other, and that there was apparently no upsurge in anti-gay violence in the city.  Now, with this disturbing gay bashing taking place in the heart of the city, gay activists are calling for immediate investigation and action to protect the large LGBTQ community.

Keire Gartica, 25, Gay Hate Crime victim, recovering from his wounds.

Corpus Christi, Texas – A gay university student says he was captured, beaten for hours, raped, and would surely have died if he had not escaped his assailants through a window.  Keire Gartica, 25, a Texas A&M Corpus Christi Political Science student, was found naked and bleeding from multiple wounds on Thursday after his harrowing escape.  The police took him to a hospital where he was treated and released.  Gartica says his attackers, two Hispanic men in their 20s or 30s, held him hostage and repeatedly assaulted him, calling him racial and homophobic slurs, after he came by their house on Elizabeth Street to repay a $5 debt he owed them.

KRIS TV News reports that police are treating the investigation as a simple assault until the District Attorney makes a determination on hate crimes charges.  Gartica, in the meanwhile, has left Corpus Christi for his home in another locale to recover from his wounds.  According to his Facebook page, authorities are “dragging their feet,” and police have not yet interviewed him about the heinous hate crime which took place almost a week ago.  On Sunday, Gartica posted: “I was the victim of a heinous hate crime that has rendered me a shell of myself. Action ten news in Corpus is covering the story and I conducted an extended interview that airs tonight at ten. There is also footage of me immediately after my escape thursday night on the action ten site… the people responsible for this will be held accountable and brought to justice.”

The attack was prolonged and brutal.  Gartica told KZTV 10  reporters that he was forced to clean the house naked by his assailants, who beat him with a belt buckle, glass cups, a frying pan, a pistol, and their fists while he complied in fear of his life.  At one point, an attacker threw bleach in his eyes, blinding him. The men debased him racially, and violated him sexually with a variety of items.  Gartica is certain he would not be alive today if he had not taken a chance and jumped out of a window.

Now Gartica, shaken by his ordeal, has lost his sense of security. He says he will not feel safe again until his attackers are apprehended and are behind bars.  As he said in a telephone interview for Six News, “I don’t feel right at all. It’s hard to fathom that this actually happened. It doesn’t seem like this actually happened.”  Though Gartica is appreciative of the outpouring of support for him by friends and classmates all over the state of Texas, he posted on his Facebook page,“It has been almost a week. I just feel powerless.”

Cody Rogers, 18, after his hate crime beating this weekend in Tulsa, Oklahoma.

Tulsa, Oklahoma – A gay 18-year-old gay man, stepping in to keep a girl from being beaten by homophobes this weekend, was pinned down and beaten unconscious at a South Tulsa house party.  Cody Rogers, who had come out only 18 months ago, was told that the hands of the Tulsa Police Department “are tied” when it comes to hate crimes against gay people, since Oklahoma does not protect LGBTQ people from violence in its law code. Rogers’ attackers have been charged with simple assault, according to Fox News 23.  His friend, Jordan Garrett, said, “I believe 100 per cent this was a hate crime.”  Garrett went on to say, “They were just so angry just over someone’s sexual orientation that they would do something like this. (Cody) looked as if a truck hit him.”  The Fox news story on the bashing drew so many violent and abusive remarks online, the website has blocked all comments.

His assailants objected to gays being invited to the party by the host, and flew into a violent rage at one of the gay men’s female friends, yelling “Where are the f**king faggots?”  Continuing to yell epithets against gay people, one of the angry men began to assault Rogers’ 21-year-old girl friend, causing Rogers to intervene.  Rogers says that when he pulled the man off of the young woman, the man’s friends joined him in knocking Rogers down, stomping and beating him until he became unconscious.

As the Dallas Voice reports, Oklahoma is one of 19 states that refuse so far to include sexual orientation as a protected class.  In states where hate crimes legislation is on the books, what happened to Rogers would probably be charged and prosecuted as a felony.  The Unfinished Lives Project first got word of this hate crime through Facebook posts.  Rogers and his friends have now put up pictures of his ravaged face and chest on a Facebook page, Help Stop the Stomping, designed to spark change in Tulsa. Rogers courageously told Fox 23, “I am not ashamed as to what happened. I am proud to stand here and show the bruises.”  As his story goes viral around the web, Cody is mending physically and emotionally at home.

Toby Jenkins of Oklahomans for Equality says that attacks of this severity are unusual in Tulsa, but the law must be changed to protect LGBTQ people so that something like this will never occur again. The state, he said, is “behind the times.” 

James Mitchell Laster III, sentenced to eight years for gay bashing.

Lamar County, Texas – The first of three accused gay bashers has been sentenced to eight years in prison by a Paris, Texas court on Thursday, February 23, following a plea bargain agreement.  As reported in the Dallas Voice, James Mitchell Laster, 33, pled guilty to assault with a deadly weapon in the October 30, 2011 attack on Burke Burnett, a gay man who was attending a pre-Halloween party with friends at the time of the hate crime assault.  Burnett, 26, was beaten, bruised, and burned when Laster and two other men yelling anti-gay slurs bodily threw him into a burning garbage barrel because he was gay.  The story made national news because of the graphic nature of Burnett’s injuries.  Gary Young, Lamar County District Attorney, released at statement to the Paris News, saying that Laster also pled guilty to the hate crime enhancement charge lodged against him for his role in the brutal attack.  Laster will have to serve at least four years of his sentence before he becomes eligible for parole.

25-year-old Micky Joe Smith of Brookston, and 33-year-old Daniel Shawn Martin of Paris are still in jail pending trial for their part in the savage gay bashing of Burnett, who received 3o stitches to close his wounds, and suffered second-degree burns over a good portion of his body from being thrown in the burning trash barrel.  Burnett, who now lives in Houston, was unavailable for comment on the sentence at the time of this report.

Significantly, this case is one of the few recent instances when the Texas hate crimes law has been invoked in sentencing. The Austin American-Statesman reported in January 2012 that the Texas statute has had “little effect” in prosecuting bias-motivated crimes in the Lone Star State.  Since the law was passed in 2001, there have been no fewer than 2000 cases in the state which were bias-motivated, yet the hate crimes statute was invoked in only ten of these prosecutions.  The reluctance of Texas prosecutors to use the hate crimes statute stands in sharp contrast to California, where prosecutors filed hate crimes charges in 230 cases in 2010 alone, and New York, where around a dozen hate crimes are prosecuted a year.  The use of the Texas hate crime law in the Laster sentencing may set a precedent for its use by prosecutors in the two remaining trials stemming from the Burnett gay bashing.

Police sketch of assailants in gay bashing on the campus of Bridgewater State University.

Bridgewater and Boston, Massachusetts – Two recent attacks–one against a gay man on a Boston Transit train, and the other against a university journalist for writing a gay-supportive column in the Bridgewater State University Comment–suggest that young females are now attacking gay and gay-friendly allies with greater frequency and boldness than in the recent past.  The Patriot Ledger reported that a student journalist was attacked who wrote a supportive article on same-sex marriage after the California federal court ruling on Prop 8.  Destinie Mogg-Barkalow, who wrote the article entitled “Prop 8 Generates More Hate” told campus police that she was confronted by a young man with close-cropped hair and a red-haired young woman in a campus parking lot Thursday evening, February 16 who asked her if she wrote the pro-gay piece.  When Mogg-Barkalow said “yes,” the woman struck her in the face, bruising her badly.  She stumbled back to the offices of the Comment where staffers called for help. Mogg-Barkalow, who is a lesbian, has described her assailants, and the investigation is ongoing.  The university police, president, and campus community have rallied in Mogg-Barkalow’s support.  Bridgewater is south of the Boston metro area.

Huffington Post reports this week that Boston Transit Police are investigating an assault on a gay man by at least three teenage women who shouted slurs at him for his race and sexual orientation.  The victim, who remains unnamed, had his face badly cut, and his nose bloodied.  His backpack was stolen along with its contents: an iPod and a digital camera. A passenger on the T who witnessed the attack, Priscilla Ballou, told WHDH Channel 7 News, “[The victim] was on the receiving end of two kinds of violence: one, the physical violence against his body, and the other, the hate violence against his spirit.”  Metro Boston Transit Authority spokesman, Deputy Chief Joseph O’Connor, said, “Some statements were made relative to his sexual orientation and we have conferred with the district attorney and the attorney general who have advised us to pursue that avenue.”  An 18-year-old suspect from Dorchester has been questioned so far.  The attackers, when apprehended, will be charged with assault and battery, and unarmed robbery, as well as a hate crime.

Bay State citizens, especially LGBTQ people, are deeply concerned about what this means for the safety and security of queer folk in a supposed liberal bastion of the nation.  Conventional wisdom holds that young people are more tolerant of LGBTQ people, and that females are seldom involved in gay bashings.  In both instances, younger women are alleged to have carried out physical attacks against gays and lesbians.  Though the majority of violent attacks on gay, lesbian, and transgender people are carried out by young Caucasian men, the disturbing evidence of female anti-gay violence seems to be mounting.  As hate crimes like this begin to pile up around New England and the nation, the conventional wisdom will have to be reconsidered.

Homophobes attack gay 20-year-old Atlantan, Brandon White, Saturday, February 4 (Surveillance video capture).

Atlanta, Georgia – Brandon White was going to stay silent about the brutal attack of three, epithet-screaming attackers who assaulted him in broad daylight–until his assailants posted a video online bragging about what they did to him.  Three members of a gang named “1029 Jack City” took their homophobic rage out on Brandon White, 20, outside a southwest Atlanta convenience store on February 4.  Yelling “No Faggots in Jack City!” the trio threw a tire carcass at White, knocked him to the sidewalk, and repeatedly slapped and kicked him–all in the the presence of several bystanders who can be heard laughing and encouraging the assault in the video’s soundtrack.  The attack was a set-up so that the assault could be captured on video to allow the homophobes to revel in their barbarity.  But though tens of thousands have viewed the short clip on YouTube (which may be accessed here), the incident sparked outrage around the world at the unprovoked hatefulness of the assault.

White felt compelled to overcome his embarrassment and humiliation when so many began speaking out against the crime done him.  At a press conference called this Wednesday by leaders of the Pittsburgh area of Atlanta where the attack took place, White called for justice for himself and for all victims of anti-gay hate crimes.  The Atlanta Journal Constitution reports that White called his attackers “monsters,” and said, “”If a straight person walks into a store and I have a problem, I should be able to do the same thing. I shouldn’t have to worry about if I should have to look over my shoulder, or if this person is going to attack me, or if that person is going to attack me, for just being a gay male.”  Encouraged by newfound support, White went on to urge victims of hate crimes to come forward the report them.  ”Don’t wait until it’s too late to report it. Don’t hide it.”  White acknowledged that the beating made him fear for his life, and still does.  “The scars run deeper than anyone will know,” he said. “The physical pain, I can get over that. My thing is: Who’s to say they won’t come after me again? Who’s to say they won’t kill me?”

Three men were identified as the assailants, and one of them, Christopher Cain, was arrested on February 11 in DeKalb County and charged with aggravated assault and robbery. Cain is being held in the Fulton County Jail pending his arraignment. A $15,000 reward is being offered for information leading to the arrest and conviction of the other two attackers.  The FBI is co-operating in the investigation under the provisions of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, since Georgia does not have a state statute making anti-gay hate crimes punishable.  Activists and lawmakers see this widely-known outrage as an opportunity to introduce hate crimes protections in the state.

PJ's Bar, Oshkosh, scene of brutal Christmas Day queer bashing (Facebook image)

Oshkosh, Wisconsin – Two suspects arrested in the bashing of a gay man outside a gay bar on Christmas Day will go to trial, according to reports from WTAQ News Talk.   Lyall Ziebell and Jacob “Jake” Immel-Rhode, both 20, waived their preliminary hearings on January 5. Ziebell entered no plea, and will face arraignment on January 12. Immel-Rhode pled not guilty to all charges, and is due back in court for a pre-trial conference on February 1. The alleged attackers are charged with battery causing great bodily harm, and burglary.  The battery charge for both men also carried a hate crime modifier, which increases the penalties for the crimes, if found guilty. If the maximum penalty is invoked, each man could serve 23-and-a-half years in prison and face $40,000 in fines.

The police complaint states that Immel-Rhode and Ziebell agreed to give a cigarette to the victim in exchange for a shot of liquor at PJ’s bar on Oregon Street in Oshkosh just before 2 a.m. on Christmas Day.  When the three men came out of the bar to smoke, the attack started almost immediately.  Ziebell, who characterized himself as “very homophobic,” hit the victim so hard he collapsed on a car hood, and then fell to the pavement, where Immel-Rhode set upon him, kicking the helpless man while shouting that he was a “stupid faggot.” The alleged assailants excused their actions because they say the victim “tried to hit on” Ziebell who threw the first punch. The complaint further states that the pair robbed a Mexican market on the way home to Ziebell’s house, stealing money and pre-paid cell phones.

The victim suffered a broken jaw and injury to his brain from the brutal attack, and underwent emergency surgery.  He was then admitted to Intensive Care.  Recently, he was released from the hospital to recuperate at home, and to deal with the emotional trauma of the assault.

The Wisconsin Gazette reports that James Combs, a friend of the victim, has started a petition on Change.org calling attention to the hate crime, and urging Winnebago County Assistant D.A. Adam Levine, Democratic State Senator Jessica King, and others in authority to make sure justice is done in this case, including pursuit of hate crimes charges.  The petition can be accessed by clicking here. Combs told the Gazette, “We really need to draw attention to this kind of thing. People have not really grown accustomed to gay people, and there is still violence and horrible things happening.”  He also said that a fund to help pay the victim’s hospital expenses is being set up.

Among the most important aspects of this case is the gay panic excuse the attackers gave for their violence against a gay man. In the gay panic defense, alleged homophobic assailants rely upon latent negative feelings in the general public to cloud the issue of the crime, and to lessen popular anger at their deeds.  The illogic of the gay panic excuse turns justice on its head: the victim is put under the spotlight, insinuating that he or she was somehow responsible or “had it coming” when violence is perpetrated against them. In its more extreme forms, the innuendo implies that the victims actually went out seeking punishment for their “perverse lifestyle.” When used in court, as by all indications will be done in this case, defense attorneys count on anti-gay prejudice buried in jurors to buy acquittal or a lesser sentence for their clients. Sadly, this has worked in the recent past in American courts, an amazing outcome in the 21st century. James Combs says in the narrative for the Change.org petition,  Hate Crime Tolerance in Wisconsin, “We need to let lawmakers know that Gay Panic Defense will never fly as an excuse, and any jury would agree. Let’s make sure they receive the full sentence.”

The gay panic defense is a discredited, out-of-date, and outworn attempt to sully the character of LGBTQ victims of hate crimes, and to obstruct justice.  No victim deserves physical attacks for being gay or lesbian in the United States of America. Neither should any victim of an anti-gay hate crime face the burden of emotional distress and public shame by having his character brought into question–an irrelevant point in cases such as these. For defendants to present such a “justification” for their actions in an American courtroom should, by itself, increase the penalty of law for false accusation.

Matthew O'Brien-Veader, on trial for the brutal murder of a homeless disabled man he believed made a sexual advance toward him.

Waterbury, Connecticut – Police officials say that a Waterbury man savagely murdered a homeless disabled man living in the same abandoned factory because of an alleged sexual advance.  Matthew O’Brien-Veader, 23, took shelter in the derelict warehouse along with his alleged victim, 39-year-old Joed Olivera, in June 2009.  During his sleep, O’Brien-Veader believed that the older disabled man attempted to have sex with him, and flew into a homophobic rage, according to the Republican American. Police arrested O’Brien-Veader June 12, 2009, and charged him with the grisly murder. He was bound over for trial in superior court, which finally began in Waterbury this week after a series of delays.

Court documents say that O’Brien-Veader attempted to throw Olivera down a flight of stairs, beat Olivera with his own pair of crutches until they shattered, and then repeatedly stabbed him with a dagger before throwing Olivera’s body through a jagged hole in the floor to the room below.  Others in the factory found Olivera’s body atop a jagged pile of junk, covered with a piece of plywood. One man who saw the mangled body of the homeless victim was so disturbed by the scene that he testified in in Waterbury Superior Court Tuesday to running out of the building and smoking marijuana to calm his nerves. O’Brien-Veader’s friend, Jason Benoit, testified that O’Brien-Veader had a deep aversion to LGBTQ people, and had told him that all gay people should be rounded up and dropped on a deserted island. According to the Hartford Courant, the defendant could receive a life sentence if found guilty.

O’Brien-Veader sat quietly beside his attorney as the case, postponed until over two years after the homicide, unfolded in the Waterbury courtroom. By invoking the gay panic defense, suggesting that the victim was responsible for his own murder, the defense hopes to cloud the minds of jurors enough to lighten the sentence, should their client be found guilty.  The recent King-McInerney gay killing in Oxnard, California gave the gay panic defense new life in American courts.  Defense attorneys for McInerney, a teen who confessed to the execution-style shooting of his teenaged gay classmate, Larry King, in front of a room full of witnesses, argued that unwanted sexual advances pushed McInerney to pull the trigger.  The ploy succeeded in reducing the conviction from murder to manslaughter.  O’Brien-Veader’s defense team is hoping that enough residual heterosexism and homophobia exists in jurors to bring a similar result for their client.

Gay bashing in progress by Santa Barbara Skinheads on New Year's morning (video capture)

Santa Barbara, California – Three skinheads attacked a gay couple as they left a New Year’s Eve event early Sunday in Santa Barbara, according to the Santa Barbara Independent. The savage assault was captured on video, which the police are using in their hunt for the perpetrators. The Daily Sound reports that the three suspects are all in their 20s, are white males, and sport shaved heads.  As the two gay men left a party at a nightclub, headed toward their parked car, the three assailants called out derogatory anti-gay slurs, and then attacked.  One of the victims suffered a broken jaw, and needed staples to close a deep gash in his scalp. The second victim escaped with minor injuries.

Santa Barbara Police Chief Cam Sanchez pledged to find and arrest the attackers, calling the assault a “hate crime.” Chief Sanchez said, “Hate crimes like these will not be tolerated and those responsible will be held accountable.” This horrific attack is one more indicator that hate crimes against gay people do not take a holiday–ever.

Queer bashing suspects Jason "Jake" Immel-Rhode (l), and Lyall B. Ziebell (r)

Oshkosh, Wisconsin – Christmas morning erupted in anti-gay violence when two Oshkosh men allegedly assaulted a gay man outside a popular tavern patronized by LGBT people, calling the victim “a stupid faggot” while kicking him in the head. According to The Northwestern.com, Lyall B. Ziebell and Jason “Jake” Immel-Rhode, both 20, were charged with battery causing great bodily harm with a hate crime enhancement which will increase the penalties against the men, if found guilty.  With the hate crime rider, the men could serve as much as  23 years, six months in prison and face $40,000 in fines for the crime.

The criminal complaint states that Ziebell and Immel-Rhode were walking past PJ’s Bar on Oregon Street at approximately 2:15 a.m. on December 25 when the victim offered to buy them a shot of liquor apiece if they would lend him a cigarette.  The three men walked into the bar where the victim made good on his offer for the cigarette.  After finishing their drinks, the three went outside the bar where the assault began almost immediately.  WTAQ reports that the victim suffered a broken jaw and a brain injury from the savage attack.  The criminal complaint also states that the attackers left the scene of the assault to head to Ziebell’s home, and on the way they robbed a Mexican market of cash and pre-paid cell phones. The victim has no doubt, however, that the violence used against him was a response to his being a gay man.

The Northwestern goes on to report that Ziebell admitted to police that he was “very homophobic,” and commenced his assault on the victim when he allegedly “began to hit on me”–clearly a reference to the notorious gay panic defense often invoked in gay bashing trials to suggest that the victim was to blame for the injury done him.  Ziebell also said to police that he heard Immel-Rhode shout that the victim was “a stupid faggot” as he kicked him repeatedly in the head.

Court officials ordered Ziebell and Immel-Rhode bound over to Winnebago County Jail, where they are being held on a minimal bail of $3,000 apiece.  They are to go to court for preliminary hearings on January 5.

A-List Dallas View; Taylor Garrett on far left (!)

Dallas, Texas – Gay Republican consultant Taylor Garrett was decked with a hard blow to the left eye last week, according to various press reports.  A cast member on the gay reality television show, LOGO’s “A-List Dallas,” Garrett is closely associated with high-profile human rights opponent, Ann Coulter.  Returning to his car from a birthday party on the entertainment strip along Cedar Springs Road in Dallas, Garrett says he was shocked to find the words, “F-ck Coulter,” keyed into his car door.  A large man appeared out of the shadows where he was squatting, and knocked Garrett to the ground, cutting his brow and bloodying him.  He also fell on broken glass beside the car, scraping his body.

Garrett is convinced gay Democrats are behind the bias against him and other gay “conservative Republican Christians.”  In an interview with the Daily Caller, he said, “I would’ve thought people would have been a little more tolerant considering that our community advocates for tolerance, but it has been nothing but mean spirited attacks, especially after the Ann Coulter scene,” referring to his well-publicized luncheon recently with Coulter.  Using racist plantation language, Garrett said that gay Democrats want him to “stay on the plantation,” but he is having none of it. Shaken by the incident, he says another season for him on the popular LOGO series is in doubt.

An ambulance was called to the scene, but the paramedics did not elect to transport him to the hospital, since his injuries did not warrant it. Some members of the LGBTQ community and media have suggested that Garrett is using this incident and another in October when a rock was thrown through his window to gin up publicity for himself.  Garrett denies the allegations. Dallas Police have not designated the assault as a hate crime at this point.

In an exclusive interview with Huffington Post, Garrett continued the theme of gay hypocrisy over politics.  “This goes to show you,” he said, “that the gay community advocates for diversity and is against bullying, but in our own community we discriminate based upon if you’re a Democrat or a Republican or if you don’t necessarily fit within the mold of the political views of the gay community.”

Kristen Cooper, Bashed for Being Lesbian (KENS 5 photo)

San Antonio, Texas – An out lesbian student from the University of Texas at San Antonio says that she was assaulted by two men calling her obscene, anti-LGBTQ epithets over Halloween weekend. Kristen Cooper told KENS 5 that the only thing the two men who attacked her knew about her prior to the assault was that she was a lesbian. “I just think it was a hate crime against me,” she sad, still shaken by the incident.

Cooper says she was waiting for a ride from a local Halloween Party when two men stopped their van, grabbed her, beat her while yelling slurs about her sexual orientation, and drove her some distance before they pushed her out and drove away.  Cooper fought back against them, “full-fist,” probably putting up such resistance that her assailants decided it wasn’t worth the effort. She had no cell phone, so she walked a long distance before someone noticed her, stopped, and then called the police.

Cooper’s injuries were extensive: cuts, bruises, a contusion, a concussion, and whiplash. When asked how she was coping with the attack, Cooper said to KENS 5, “Just still in shock and I’m trying really hard not to cry, but nothing like this should happen to anybody.” The San Antonio Police are currently investigating the crime as an assault, with no word about whether they intend to classify the brutal beating as an anti-LGBTQ hate crime.

Burke Burnett, gay bashing victim, shows bandaged burns and cuts (Advocate photo)

Paris, Texas – Three alleged gay bashers in the horrific Reno gay bashing case will face hate crimes enhancement charges, as reported by the Paris Times and the Dallas Voice. A Lamar County Grand Jury on Thursday indicted James Mitchell Lasater III, 31, of Paris, Micky Joe Smith, 25, of Brookston,and Daniel Shawn Martin, 33, of Paris with one count each of aggravated assault with a deadly weapon, and two counts each of aggravated assault causing serious bodily injury. Additionally, Lasater and Smith were charged as repeat offenders. Because aggravated assault is classified as a second-degree felony offense, the alleged offenders were eligible under the Texas Hate Crimes statute for hate crimes enhancements, and that is exactly what the grand jury elected to do.  On October 30 in the early morning, 26-year-old Burke Burnett was savagely attacked by three suspects whom witnesses say were yelling anti-gay slurs as they beat Burnett senseless, stabbed and slashed his body with a broken beer bottle, and then heaved him bodily into a burning trash barrel. Burnett suffered stab wounds resulting in over 30 stitches, deep bruises and contusions, and second-degree burns over a good portion of his torso, legs, and arms.

The Dallas Voice broke the story with graphic photos of Burnett’s injuries embedded in the article, and the story took hold in national mainstream media.  Burnett has been interview around the nation, as horror and interest increased in the story. Burnett told the Dallas Voice he is pleased with the course of the investigation, the arrests, and now with the efforts of the Lamar County District Attorney.  WFAA Television reported Burnett came out when he was 15, and learned of the hate crime murder of Matthew Shepard, the University of Wyoming student slain in Laramie in 1998.  ”Matthew Shepard is one of the reasons I came out of the closet,” Burnett told WFAA. “I’m so glad my fate did not end up like his.” He has no doubt about why he was targeted for violence, since the trio knew his was gay.  As he sat in a chair at a private Halloween party in Reno, a small town near Paris, Texas, the men attacked him from behind. Burnett said, “I ended up getting stabbed, burned and beaten pretty badly and I’m convinced they were trying to kill me.”

Since few hate crime attacks against Texans are actually charged under the state hate crimes law, the decision of law enforcement and the grand jury to go forward with hate crimes charges against Burnett’s alleged bashers is significant.  Since “sexual preference” was included as a protected category in the state statute in 2001, better than 2500 hate crimes have been committed, by fewer than twelve have actually been charged as such. Now that the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act became federal law in 2009, allowing the Department of Justice and the FBI to involve themselves in investigating and prosecuting anti-LGBT hate crimes around the nation, Texas officials seem to have felt pressure to act more transparently and boldly on hate crimes cases in the Lone Star State.

Marquitte West, 18, sentenced in gay bashing attack (Kendall County photo)

Yorkville, Illinois- An 18-year-old man was sentenced by an Illinois court to two years in prison for his role in a violent attack upon a gay man.  Marquitte West was found guilty of hate crime related to sexual orientation for participating in a gang attack against 29-year-old gay man Bryce Stiff in June 2010.  Both men are from Oswego, Illinois, a city of 30,000 in the northern part of the state.  Two other Oswego men, Jabari Tuggles and Robert Franklin, are being held in prison awaiting their trials for the same offense. A third man is still being sought by the police.

Stiff suffered severe injuries in the attack, leaving him with nerve damage to his face, and a lip so harmed that he has required reconstructive surgery.  He has lingering psychological problems since the savage assault, as well.  In a letter to the court prior to West’s sentencing, Stiff wrote, “I used to be a happy, caring and loving person who would do anything to help anyone.  I was happy about me being gay … but now I’m filled with so much bitterness, hatred and I’m very depressed. I don’t like leaving my home. I don’t like doing things that excite me anymore. I feel like everyone is out to get me.”

According to Chicago Pride, West will serve out his sentence in conjunction with a theft charge.  He is required by the court to pay his victim’s medical costs.  The Kendall County District Attorney told Chicago Pride that this is the first hate crimes prosecution he can recall in county history.