U.S. House of Representatives Passes Fully Inclusive Hate Crimes Act
The Matthew Shepard Act, fully inclusive of sexual orientation and gender identity, passed the House of Representatives April 29 by a large majority, 249-175. Judy Shepard, mother of slain University of Wyoming student, Matthew Shepard, lobbied hard today for passage. Now, on to the U.S. Senate where the measure needs a super majority of 60 to get it to President Obama’s desk.
Richard Hernandez’s Alleged Murderer Incompetent to Stand Trial?
Richard Hernandez (l), and Seth Winder, courtesy of Dallas Voice
Denton, TX: Seth Winder, 29, prime suspect in the horrific dismemberment of out gay Dallasite, Richard Hernandez, has been ruled mentally incompetent to stand trial and is being remanded to a mental health facility for treatment.
Hernandez, out gay resident of a portion of far north Dallas in Denton County, was slain in a grisly, Silence-of-the-Lambs-style fashion in his apartment in early September 2008. Investigators found tissue from Hernandez’s internal organs in a bathtub, but his body has never been found. Informed sources speculate that his dismembered body was disposed of in a Dumpster, and subsequently buried in a landfill.
Winder was first suspected of the murder when he allegedly used debit cards belonging to Hernandez some days after the murder. Blood-coated evidence was found by police at two campsites where Winder spent time. They also recovered a camera in Winder’s father’s home that preserved “pornographic images” of Seth Winder in Hernandez’s apartment.
Derek Adame, Winder’s court-appointed defense attorney, told reporters that his client was being sent to a psychiatric facility for treatment because he seemed not to understand the charges against him and had trouble communicating to build a defense on his behalf. A Denton County judge ordered the committal, finding Seth Winder mentally “incompetent with a probability of recovery.”
Winder’s father, Rodney Winder, estranged from his son because of what he described as Seth’s “schizophrenia,” says that he tried unsuccessfully to get Seth committed for years because of his behavior. His father related Seth’s obsession with knives, and his disturbing pattern of chopping up snakes, spreading the pieces on the lawn at his father’s house.
Michel Foucault, French 20th c. philosopher
Michel Foucault, the renowned French philosopher, was among the first to note the role madness plays in recent history. In his works, Madness and Civilization, and History of Madness, Foucault makes the point that madness is a social construct reflecting each era’s notions of what is pathological. What we call “sanity” may well be the sum of all of our societal madness. If Seth Winder is proven to have cut Richard Hernandez to pieces, we are left to wonder what role the homophobia of church and society played in his actions. Foucault suggests that social depravity is a perverse implantation. As long as homophobia is part of the social fabric of American life, the line between “sane” killers of LGBT people and “insane” ones will remain blurred.
English madhouse, 18th c., by William Hogarth
To his father, Seth Winder’s madness is “bona fide,” as he told the press. To friends and relatives of Richard Hernandez, his madness is crazy like a fox. Rudy Araiza, gay longtime friend of Hernandez, told John Wright of the Dallas Voice, “I honestly believe that he knew what he was doing, and now this is his way of not paying for his actions or serving time. This guy is just buying himself some time.”
When will Seth Winder be competent to participate in his own defense and to stand trial? Psychiatrists will have to make that determination to the satisfaction of a judge. This case points up the symptoms of a society so ill that it may determine an individual delusional when he dismembers a gay man, but may go on to accept the everyday irrational hatred of LGBT people as moral and sane. Until a final judgement is made on the mental capacity of Seth Winder, there is one thing both his father and Hernandez’s friends agree upon: he must remain behind bars [Thanks to Dallas Voice journalist John Wright for fine reporting on this story].
Angie Zapata Verdict in: Andrade Guilty of 1st Degree Murder, Hate Crime Charges; Sentenced to Life
Allen Andrade and attorney hear guilty verdict for the hate crime murder of Angie Zapata (Eric Bellamy photo, Colorado Independent)
Greeley, CO: Allen Ray Andrade was found guilty this afternoon on all four counts against him in the murder of Angie Zapata, a transgender teen woman. The jury deliberated less than three hours before arriving at its verdict. Andrade crushed Angie Zapata’s skull with repeated blows from a metal fire extinguisher on July 17, 2008 after spending 36 hours with her in a 400 square foot apartment. The jury rejected the “trans-panic” defense mounted by Andrade’s attorneys and invoked the penalties in Colorado’s comprehensive hate crime law in what is being called by LGBT rights advocates a “landmark ruling” that demonstrates to Coloradans the need for their bias-motivated crime statute in the prosecution of homophobic killers.
Angie Zapata was 18 at the time of her murder
Judge Marcelo Kopcow read the verdict that found him guilty of first-degree murder, bias-motivated crime, aggravated motor vehicle theft in the first degree and identity theft. Less than an hour later, Judge Kopcow sentenced 32-year-old Andrade to life without the possibility of parole. Looking at Andrade, the judge then said, “I will say, Mr. Andrade, I hope as you’re spending the remaining part of your natural life in the department of corrections… that you every day think about the violence and the brutality that you caused on this fellow human being. And the pain you have caused not only your family, but the family of Angie Zapata.”
Zapata Family at a vigil for Angie in 2008
Gonzalo Zapata, Angie’s brother, spoke to the press following the verdict on behalf of his sisters and his mother, who were also present:
“Angie was my sister. She was a member of our family. We loved her very much and we will miss her every day. Every day and every night, my mom has to deal with the great pain that she saw one of her babies being buried.
“Angie was brave. She had guts, had courage and was beautiful, was fun and was loving. Life was sometimes difficult for her. We learned along with her, to learn she was born a girl with a body that was wrong for her.
“This week, we are deeply saddened and angry as we witness graphic details about the last few minutes of my sister’s life. A big brother is supposed to protect … ” [he breaks down momentarily, and then regains his composure].
“I got it,” he said. “A big brother’s supposed to protect his little sister. It breaks my heart to think there was nothing I could do to protect my little sister.
“Only a monster can look at a beautiful 18-year-old and beat her to death. This monster not only hit my sister but continued to beat her head in over and over and over and over again until her head was crushed in and then left her there to die. He’ll never understand how angry we are at him and how much he has hurt us.
“We will always love you, Angie. And we will always miss you, hija. Thank you.”
Fate of Angie Zapata’s Confessed Murderer Goes to Jury
Allen Ray Andrade, on trial for the Murder of transgender woman Angie Zapata, awaits his verdict in Greeley, CO today. Prosecution goes for first degree murder. Andrade, already confessed to the murder, was deeply homophobic, according to statements from the jail to girlfriends, such as “Gay things must die.”
Drag Queen Murdered in NC
Jimmy McCollough, also known as Imaje Devera
Fayetteville, NC – “Ms. Jimmy,” also known on stage as Imaje Devera was found stabbed to death outside Club Emages, a local gay and lesbian night spot around midnight on April 14, 2009. Jimmy McCollough, 34, was a talented female impersonator who struggled to make ends meet in the recession economy. Police are investigating the murder as a hate crime, but since North Carolina does not have hate crime legislation addressing LGBT hate crime violence, and neither does the federal government, resources to investigate and prosecute such a crime are slim in the Old North State.
Transgender community leader Janice Covington, wrote in response to Ms. Jimmy’s murder: “This morning, April 14, 2009, the murdered body of Image Devereux (Ms. Jimmy) was found on Joseph Street behind the old Club Spektrum in Fayetteville, N.C. She was a local Drag Queen who many of us knew as a friend. She will be missed but not forgotten. My prayers go out to her family.”
An underreported aspect of this story is the high degree of anti-LGBT prejudice in hiring practices in Fayetteville and around the nation. The proposed Employment Non-Discrimination Act, or ENDA, now transgender inclusive, is necessary to confront and begin to rectify the desperate situation so many trans and gender-non-conforming men find themselves in today. Southerners On New Ground (SONG), founded by Black and White lesbians in order to advance Lesbian, Gay, Bisexual, Transgender, and Queer multi-racial, multi-issued education, commented on Ms. Jimmy’s death: “Mr. McCollough was presumably simply working the streets on the night he was murdered, trying to pay his bills. Like too many in our communities, he was a gender non-conforming person of color in the South, known to be a sex worker, and a presence in the community. SONG continues to be committed to working for a day when folks like Mr. McCollough are not victims of violence, and when lives and livelihoods such as his as seen as just as important and precious as any other life.”
Justice Coming for Angie Zapata
Angie Zapata, 18, and alleged murderer, Allen Andrade, courtesy of ABC News
Denver, CO: Allen Andrade, 32, told investigators that he bashed Angie Zapata in the head twice with a fire extinguisher. He confessed that he thought he had “killed it” when Zapata roused, and then he clobbered her again, delivering the coup de grace. That was last July. Now he is slated to go on trial for bias-motivated murder in Greeley, CO where he carried out the crime because he found out Zapata, an 18-year-old male-to-female transwoman, was biologically male.
Angie Zapata
Born Justin Zapata, Angie had been living as a woman since the age of 16. She had striking beauty, attracting many admirers, though according to her sister, Monica, her loves ended by her boyfriends going back to biological women. Angie was a gentle, graceful, loving sister, who suspended her life in Fort Lupton, where she was raised, to come to Greeley to help her sister take care of her children. Monica found Angie’s battered corpse in her apartment, covered in a blanket.
For two weeks, investigators sought the killer, and finally arrested Andrade on July 30. He made an initial confession which a judge ruled inadmissible on a technicality. He has been held in jail without bond since his arrest for the murder. While behind bars Andrade made recorded phone calls to girlfriend claiming that when he discovered Zapata’s biological status, he “snapped.” In another conversation, he told his girlfriend that “gay things need to die.” The phone call transcripts and recordings will be admitted in evidence in the trial.
According to the Associated Press, Andrade is going to be the first person prosecuted for a hate crime under the sexual orientation section of Colorado’s hate crimes law. Colorado is one of 11 states to have hate crimes enhancements in their statutes. The comprehensive Local Law Enforcement Hate Crimes Prevention Act introduced in the U.S. House of Representatives on April 2, 2009, would allow the FBI and other Federal Agencies to investigate such crimes, and to support the local authorities in carrying out their investigations, as well. Passage of the LLEHCPA remains a critical element of deterring and punishing hate crimes offenders for violence related to sexual orientation, gender identity and gender expression.
While nothing can bring Angie Zapata back to her family, friends and loved ones, justice for her and for all transgender victims of hate crime violence, which has been so long in coming, may finally be on the horizon. Stay in touch for further developments.
Homophobia Kills Straight People, Too
Eric Mohat, 17, committed suicide after merciless homophobic bullying at school. He was straight.
Mentor, OH: The parents of a 17-year-old straight son who was bullied in school so relentlessly for being homosexual that he killed himself filed suit in federal court on March 27, 2009 against the school system and officials who witnessed the name-calling, hitting, and pushing, but did nothing to protect the boy. Eric Mohat, whose nickname was “Twiggy,” was a tall, skinny boy who loved to play the piano, had a wonky sense of humor, and loved the theatre. The harassment proved too much to bear. A bully shouted at him in class on March 29, 2007, “Why don’t you go home and shoot yourself! No one will miss you!” Eric did.
Eric strikes a pose for the Yearbook
He went home, took out his father’s legally registered handgun, locked himself in the room, and shot himself in the head. His parents, William and Janis Mohat of Mentor, Ohio, allege that the suicides of three other youths at Mentor Senior High School, that occurred shortly after their son’s death, are also due to excessive bullying. Though the Mohats are seeking no punitive damages in their suit, they insist that the school system acknowledge the problem of homophobic bullying and address it effectively. School officials defend the operation of the 2,900 student school in an eastern exuburb of Cleveland, saying that they had already instituted a form of anti-bullying education, and took appropriate steps to address Eric’s fears when he brought them to their attention. Countering, friends of Eric’s attest that teachers and administrators saw what was happening to Eric and others, and in effect turned a blind eye. They say Eric was relentlessly badgered in class, and called “fag,” “homo,” “nancy boy,” and “queer” right in front of his teachers. Most of the bullying took place in a math class where the teacher, who is an athletic coach, failed to protect Eric. Experts on anti-bullying education note that the program the Mentor school is using has questionable results with homophobic jock culture when it is entrenched in a school or community.
Eric's MySpace pic, a gift from his sister, Erin
His older sister Erin, whom Eric called his hero, heard the shot from another room where she was exercising on a treadmill. In a blog, Erin wrote about losing her little brother: “It’s so surreal. I just keep thinking he’ll walk through the front door, bouncy as always, and say, ‘Oh the wound wasn’t that serious, they patched me up just fine.’ But I know better. The coroner has called and asked to use pieces of his heart to save three children’s lives, and his corneas too. The police were there to tell me, yes he was dead. But I knew from the moment I found him. I didn’t want to admit it because I was still hoping that just maybe my mind was playing tricks on me…. but that’s not the case and I knew it the moment I saw all that blood and I saw part of his brain on that floor. I can’t get it out of my head. The image of it all makes me sick but even with my eyes wide open I can see it.” Now Erin, who is 21, is studying to be a school psychologist.
Eric’s dad told ABC reporters, “When you lose a child like this it destroys you in ways you can’t even describe.” He and his wife have opened their hearts and their home to any child contemplating suicide, just so no one will have to believe that she or he is alone and afraid.
The Columbine tragedy in Colorado, and numerous other shootings across the country demonstrate the negative effects of homophobic epithets and name-calling. Recent studies, including those carried out by GLSEN, the Gay, Lesbian, Straight Education Network (www.glsen.org), show that youth who are bullied in school have a five to nine times higher incidence of suicide than those who do not suffer it.
Shrine to Eric in Mentor, Ohio, by his friends
Homophobia kills. LGBT folk are the primary targets of violent hate crimes due to homophobia and heterosexism. But as Eric Mohat’s story illustrates, the toll of murder and suicide is mounting for straight youth, too. When will the madness stop? Not until good people get involved and clamor for anti-bullying laws and hate crimes statutes.
Just days before the suicide, Eric Mohat told his mother, “I get picked on every day and I’ve got a whole nine weeks left. I can’t do this anymore.”
“We never had a chance to help him,” she said, choking back tears.
“It shouldn’t require legal action to get the school system to pay more attention to bullying than they do to their sports programs,” said his father. “How many suicides is enough?”
Fight Hate Crimes Campaign Launches Effort to Pass Matthew Shepard Act
The Human Rights Campaign has launched its big federal legislative push to enact the Local Law Enforcement Hate Crimes Prevention Act, also called the Matthew Shepard Act, named in memory of the most widely recognized LGBT hate crimes victim in American history. Matthew Shepard was kidnapped, tortured, and murdered by two Laramie, Wyoming men in October 1998. Both pled guilty, and are serving life sentences for their crime. Visit the HRC site for more information: www.hrc.org/sites/hatecrimes/index.asp.
Martinez casket header for Denver Post article on F.C.'s murder
Fred C. Martinez, Jr. (1985-2001), a sixteen-year-old Navajo, is featured in the HRC campaign. He was one of the first subjects of research for the Unfinished Lives Project, and will figure prominently in Dr. Sprinkle’s forthcoming book, Unfinished Lives: Reviving the Memory of LGBT Hate Crimes Murder Victims. The book is still in the writing stage at this point, with a projected completion date of September 2009.
"Dance to the Berdache," George Catlin, ca. 1830
Martinez was a Two-Spirit person, also called a berdache. F.C., as his friends called him, suffered harassment in the Cortez, CO public schools for his transgender identity. In June 2001, on the night of the Ute Mountain Carnival and Rodeo, Shaun Murphy, a resident of Farmington, NM, lured F.C. into a narrow, deep canyon cut diagonally through the south part of Cortez, and cracked open his skull with a 25 pound rock. Murphy left him to die of exposure and blood loss, bragging the night of the murder that he had “bug-smashed a joto,” slang for “fag.” At the time F.C.’s body was discovered by small boys playing on the canyon floor five days after the homicide, his remains were so decomposed that his mother could identify him only by the blue bandana he wore when he left her home.
Shaun Murphy, F.C.'s killer
Murphy, 18, was sentenced to 40 years for F.C.’s murder. There is little to indicate that F.C., the most famous person ever to live in Cortez, had ever existed. Neither Colorado nor the United States has enacted anti-hate crime legislation. His mother, Pauline Mitchell, still works as an advocate for LGBT people and for the memory of her son. She visits his grave often, kneeling on the grass, talking to him in Navajo and English, thanking him for understanding that things are taking so long to change.
F.C. and his mom, Pauline Mitchell
There is strong medicine in the F.C. Martinez, Jr. story. As a nadleeh, as Navajo people refer to their Two-Spirits, he was a sign of the balance between the feminine and the masculine in us all. He walked the Way of Beauty. As the Navajo Blessingway Chant says:
Earth’s body has become my body
by means of this I shall live on.
Earth’s mind has become my mind
by means of this I shall live on.
Earth’s voice has become my voice
by means of this I shall live on.
About
If you are a first-time visitor to the Unfinished Lives Project website, we invite you to read A Welcome Message introducing you to our project. We are truly grateful for your visit.
The Unfinished Lives Project website is a place of public discourse which remembers and honors LGBTQ hate crime victims, while also revealing the reality of unseen violence perpetrated against people whose only “offense” is their sexual orientation, gender identity, or gender presentation. LGBTQ people in the United States are suffering a slow-rolling decimation of terror and murder all across the country. Every locale and demographic of society are affected: First Nations, Anglo, Black, Latino and Latina, South and Southeast Asian, Transgender, Bisexuals, Gay men, Lesbians, disabled, young, and mature. Homophobia has a long, crooked arm, and it is reaching out to snatch the life away from women and men whose tragic stories are under-reported to begin with, and whose memories are swiftly forgotten.
The horror of these killings transcends the shock and bereavement of loved ones and friends. These are not typical homicides; they are not killings for money or drugs, incidents of domestic strife, or crimes of passion. The vicious nature of hate crimes against LGBTQ persons is extremely brutal, grotesquely violent, and egregiously hateful.
Each murder serves the LGBTQ population as a sobering warning about the actual level of danger in our communities. The message these killings send is that freedom and open life for LGBTQ people is a cruel dream. Every time we remember one of these victims, however, the intentions of their killers are frustrated. To remember these women and men is to begin the process of changing the culture that killed them.
Our Project Director
Dr. Stephen V. Sprinkle (Keith Tew photo).
Stephen V. Sprinkle is Director of Field Education and Supervised Ministry, and Professor of Practical Theology at Brite Divinity School, Fort Worth, Texas, a post he has held since 1994. An ordained Baptist minister, he is the first open and out Gay scholar in the history of the Divinity School, and the first open and out LGBTQ person to be tenured there. Read More…
Recent Social Justice Advocacy Activity By Dr. Sprinkle
Summer 2009 – Dr. Sprinkle responded to the Fort Worth Police Department and Texas Alcoholic Beverage Commission Raid on the Rainbow Lounge, Fort Worth’s newest gay bar, on June 28, 2009, the exact 40th Anniversary of the Stonewall Rebellion. Dr. Sprinkle was invited to speak at three protest events sponsored by Queer LiberAction of Dallas. Here, he is keynoting the Rainbow Lounge Protest at the Tarrant County Courthouse on July 12, 2009. Read More…
Contact Us
Communicate with the Unfinished Lives project team:
info@unfinishedlivesblog.com
Schedule a Presentation
Dr. Sprinkle will gladly present his acclaimed presentation to your organization. To arrange an Unfinished Lives presentation for your organization or group, please contact us.
Dr. Sprinkle has given his Unfinished Lives presentation to these and other community groups and organizations. Read More…
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Publisher: Steve Sprinkle (Project Director)
Steve Sprinkle
Unfinished Lives: Remembering LGBT Hate Crime VictimsBrite Divinity School/Texas Christian UniversityFort Worth TXprofessor, minister, author, blogger, LGBTQ advocate
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