Suspect Arrested in Puerto Rican Gay Teen Hate Murder Case
San Juan, Puerto Rico – The Associated Press is reporting that the arrested suspect in Jorge Steven Lopez Mercado’s grisly murder is claiming the infamous “gay panic” defense to besmirch the character of the victim, and appeal to anti-gay machismo. Regional Police Director Hector Agosto said, “This was a ruthless crime. Whoever did this just wanted to make the person disappear.” Gay rights advocates in the Caribbean United States Territory have carried out a number of memorial events for young Lopez Mercado, as well as protests in the capital, San Juan demanding that police investigate the murder as a bias-related hate crime. “They are hurt and they are indignant,” gay activist Pedro Julio Serrano said to reporters. “They are calling for justice.” Local island media are reporting that Juan Antonio Martínez Matos, 26, a father of four, was arrested by authorities for the murder. Matos is alleging that he was in search of a woman for sex, and when he found out that Lopez Mercado was a gay youth instead of a female, he panicked. Whether he is speaking under the direction of an attorney is not known at this time, but in any event, the suspect has appardently made the calculation that enough members of the public will buy his account that he will be more likely to receive a lighter sentence, if convicted. On the mainland, the gay or trans-panic defense has been tried on many occasions in an attempt to cast enough aspersions on the character of the LGBT victim that public opinion will soften toward the defendant. In recent court cases, such as the trial of Allen Ray Andrade, the murderer of trans Latina Angie Zapata in Greeley, Colorado, the panic defense has fallen flat. Andrade, who made a similar claim, left both judge and jury unconvinced, and received life in prison without hope of parole. According to Box Turtle Bulletin, Matos also claimed that Lopez Mercado demanded money from him. Police investigators have allegedly discovered a wig, a burned mattress, burned PVC pipe, and a knife at the suspect’s apartment. Accounts also say that police found blood stains on the wall of the courtyard of the apartment. Investigator José J. Bermúdez said to the press that he has no doubt that López’s murder can be prosecuted as a hate crime. Since the public can easily be prejudiced by media accounts that are both uncritical of a suspect’s allegations about his victim, and unverified as to what actually may (or may not) have been found at a crime scene, the Unfinished Lives Project will pass these details along as currently unsubstantiated reports until properly and fully vetted. Officials in Puerto Rico are now saying that the mutilated, beheaded and partially burned body of Lopez Mercado was discovered on Friday, November 13 in a wooded area near Cayey, only a few miles from his home in Caguas. Both the LGBT community in Puerto Rico and the Puerto Rican population of New York City have expressed grave concern about the most savage murder of a gay person in Puerto Rico’s history.
Gay Latino Teen Beheaded, Dismembered, and Burned
Caguas, Puerto Rico – Reports just making the wires confirm that Jorge Steven Lopez Mercado, a gay teenager from Puerto Rico, was found brutally murdered in an anti-gay hate crime on November 14. According to a CNNi item, the dismembered body of the 18-year-old was found on the side of a road in Cayey, partially burned and decapitated. Mercado’s arms and legs were severed from his torso. Christopher Pagan, who made the initial report to CNNi, related that Mercado was “was a very well known person in the gay community of Puerto Rico, and very loved.” Associated Content reports that the police investigator in charge of the case made a televised statement to the press to the effect that “people [like young Mercado] who lead this type of lifestyle need to be aware that this will happen.” The response in the Puerto Rican LGBT community has been swift and intense. Pressure is being brought to bear upon authorities to remove the investigator on the grounds that his prejudice hampers the pursuit of justice in the case of an anti-LGBT hate crime murder such as this. The blog Towelroad quotes gay Puerto Rican activist Pedro Julio Serrano, “It is inconceivable that the investigating officer suggests that the victim deserved his fate, like a woman deserves rape for wearing a short skirt. We demand condemnation of this investigator and demand that Superintendente Figueroa Sancha replace him with someone capable of investigating this case without prejudice.” Today, November 17, a 28-year-old suspect has been arrested in conjunction with the Mercado investigation, according to Primiera Hora. Intensive interviews with Mercado’s friends pointed to the suspect, alleging that he had offered Mercado money in exchange for sex. In further developments today, the police superintendent has dismissed allegations of homophobia against the police investigator who expressed his negative opinion about members of the gay community. Serrano has issued this statement in response to the arrest and the innuendo swirling around this case: “Even when everyone is innocent until proven guilty, it is hopeful that they have arrested a suspect. We’re grateful for the Police work that has acted promptly and we trust that the investigation digs into the hate crime angle and if it is proven that it was indeed bias-related, that the criminal is processed to the full extent of the law….We urge the media and the authorities not to judge the victim, but the criminal who committed this horrendous crime. Even if there are particular circumstances in which this crime was committed, we have to keep the attention where it deserves to be: a young gay man was brutally murdered by someone who did not have any compassion or respect for the dignity of a human life.” Associated Content evaluates the situation for LGBT persons and the memory of young Mercado: “Puerto Rico has a conservative religious climate, being strongly influenced by Roman Catholicism and socially conservative Protestantism. Puerto Rico is also a United States territory. As a result the brutal murder of George Steven Lopez Mercado is a hate crime under the hate crime legislation signed into law by President Barack Obama of the United States. To date no murder has yet been classified as a hate crime in Puerto Rico. Homosexuality in Puerto Rico is not illegal and George Steven Lopez Mercado deserves as much protection under the law as any other Puerto Rican citizen.” The FBI is monitoring the situation, and has expressed willingness to assist in the investigation.
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].
The Year in Review
As 2008 draws to a close, hate crime statistics from 2007 are finally coming into clearer focus. Both the FBI and various anti-violence programs are verifying hate crime increases perpetrated against the LGBT community-at-large. Sadly, the findings from 2007 have been corroborated by ongoing violent acts in 2008.
FBI Hate Crimes Statistics for 2007: Sexual-orientation bias related crimes are up 18%.* National Coalition of Anti-Violence Programs disputes these statistics, claiming a 24% increase, at least. The official report says that in 2007, law enforcement agencies reported 1,460 hate crime offenses based on sexual-orientation bias to the FBI. Of these offenses:
- 59.2 percent were classified as anti-male homosexual bias.
- 24.8 percent were reported as anti-homosexual bias.
- 12.6 percent were prompted by an anti-female homosexual bias.
- 1.8 percent were the result of an anti-heterosexual bias.
- 1.6 percent were classified as anti-bisexual bias.
(*Note: Anti-transgender incidents are not reported in these statistics, since law-enforcement is not required by law to report them.)
Clarence Patton, Executive Director of the New York City Gay and Lesbian Anti-Violence Project (NYAVP), noted the “dramatic increase in the number of anti-lesbian, gay and bisexual incidents reported—though the overall number of reports captured by the FBI rose only 8%, the number of reports impacting our communities rose at more than twice that rate.”
The National Coalition of Anti-Violence Programs (NCAVP), a coalition of 30 member programs including the NYAVP, reported that gay bashing incidents actually rose 24% compared to 2006. 2007 also had the third-highest murder rate in a decade, more than doubling from 10 in 2006 to 21 in 2007.
Even these statistics hardly give the picture of the crisis of violence against LGBT people all across the United States. The true number of incidents perpetrated against queer folk is probably much higher, as Avy Skolnik, national programs co-ordinator of the NCAVP, reported:
“We know that the 2,430 people who called on our organizations in 2007 are only a small fraction of the actual number of LGBT people who experienced bias-motivated violence. Anecdotally, we constantly hear stories of LGBT people surviving abuse—sometimes multiple attacks per day when that violence comes from a fellow student, a neighbor, a co-worker, a landlord, or a boss.”
Richard Hernandez, butchered in his apartment bathroom
Dallas, Texas, boasting one of the largest LGBT populations in the country, saw LGBT people taking to the streets in protest of the alarming number of attacks. Two high-profile murders and several brutal assaults, including the “Silence of the Lambs style” dismemberment of gay man, Richard Hernandez, a 34-year-old citizen of Dallas, sparked street protests from United Community Against Gay Hate Crime to draw the attention of the public to the plight of LGBT citizens.
Gay Apartheid
Behind each number in these statistics are real people: victims, family, friends, bereaved lovers. This is the human cost of Gay Apartheid. The real target of these atrocities, however, is the idea of America, a country where all people may pursue their lives without fear of intimidation or violence. Until American laws and the attitudes behind them change to reflect the inclusion of all people in the constitutional rights and privileges afforded some, then this nation must be brought to face so-called “legal” acts of apartheid against the LGBT community.
Forty years after the Stonewall Uprising in New York, universally recognized as the birth of the LGBT Rights Movement, 29 states have constitutional amendments passed for the sole purpose of depriving LGBT citizens the same rights as heterosexuals. States have enacted bans against gay parenting and adoption. Not only has the Federal Government passed the “Defense of Marriage Act” (DOMA), and instituted the oppressive “Don’t Ask Don’t Tell” (DADT) policy for the U.S. Military, but 15 states have barred same-sex marriage, and 18 states have legislation limiting domestic partnerships and civil unions. The passage of Proposition 8 in California, repealing the right to marry given to its citizens earlier in the year, is just the latest act of apartheid in this country. Violence is following the law, not the other way around.
The definition of Apartheid is “a system of laws applied to one category of citizens in order to isolate them and keep them from having privileges and opportunities given to all others,” according to elder LGBT statesman, Herb Hamsher, writing for the Huffington Post. The Unfinished Lives Project cannot agree with Hamsher more when he says, “Our role is to hold a mirror up to the country and no longer allow it to shift the focus away from what we have become. We have become a nation increasingly devoted to an encroaching system of apartheid for a designated category of its citizens.”
When the tyranny of the majority goes unchecked, and the apartheid system apes the bias against LGBT people in communities and religious institutions, the American ideal of the protection of the minority from the excesses of their neighbors is exposed as a fantasy. An Apartheid America is not the nation of the free or the brave. Hate Crime murders and other violent crimes against LGBT people are hundreds and thousands of mirrors held up to the nation. We must continue to stand up, hold up these brutally frank mirrors to the disfigurement of America until our fellow citizens repudiate the travesty of the law these hate crime statistics represent.
Gay man murdered and dismembered in Dallas
According to a September article published in the Dallas Voice, gay man Richard Hernandez was murdered in his Dallas apartment and then dismembered in the bathtub. After Hernandez failed to appear at his job, worried co-workers called the police. The police went to Hernandez’s apartment to investigate, and found large amounts of blood in the living room and tissue from the victim’s internal organs in the bathtub.
Purchases made on Hernandez’s credit card led police to a suspect, Seth Lawton Winder, who was then charged with credit card fraud and capital murder. Seth’s father, Robert Winder, has pointed to his son’s schizophrenic history as a possible explanation for the crime, but police have also recovered a digital camera containing images of the suspect inside the victim’s apartment which might suggest a different theory about why the murder occurred.
Friends of the victim say Hernandez was a valued friend. “Rich was probably one of the most sincere, sweet people you will ever meet,” says one friend. “Rich always had a smile and would drop anything to help anybody, and it’s very, very sad what happened to him. It’s a very gruesome, horrible thing to happen to someone so sweet and so generous.”
Richard Hernandez was 38-years-old.
Project Activity — Summer of 2008
In the summer of 2008, Unfinished Lives project director Dr. Stephen V. Sprinkle researched the circumstances of several anti-gay hate crimes in America’s deep south. Sprinkle toured hate crime scenes, spoke with loved ones and friends of the victims, and preserved information about the lives and stories of LGBT persons killed only for their sexual orientation. Sprinkle’s research on behalf of the project took him to Texas’s Gulf Coast, Alabama, Florida, North Carolina and South Carolina.
June 2008 – Oklahoma City, Oklahoma – Unfinished Lives project director Stephen V. Sprinkle conducted research on Steven Domer.
June 2008 – Kansas City, Missouri – Unfinished Lives project director Stephen V. Sprinkle conducted research on Barry Winchell.
June 2008 – Houston, Texas – Project director Stephen Sprinkle traveled to Houston and the Gulf Coast region of Texas to investigate the Kenneth Cummings Jr. hate-crime murder. During that same trip, Dr. Sprinkle preached at Resurrection Metropolitan Community Church for its Pride Week observances.
After Sprinkle preached and presented “Unfinished Lives” at a special June 15 afternoon event, Senior Minister DeWayne Johnson led the congregation in prayer for the Unfinished Lives project, Dr. Sprinkle, and his summer research for the upcoming book.
For the next five days, Dr. Sprinkle traveled to sites relating to the murder of 46-year-old Southwest Airlines Flight Attendant, Kenneth Cummings, Jr.
Ken was a regular in the Montrose section of downtown Houston, the center of the metro area’s LGBT community. Here is EJ’s bar, a friendly, neighborhood gay pub where Ken first saw his murderer, Terry Mark Mangum:
This is the billiards area of EJ’s where Mangum, an ex-con, stalked his potential targets:
Ken and Mangum talked here and exchanged phone numbers. Ken had no idea Mangum was hunting a gay person to kill. On Sunday, June 4, 2007, Ken called friends saying that JR’s, another Montrose establishment, was “dead,” and suggested that he would just go home, since he had a flight early the next week.
Instead, he called Mangum, hooked up with him, and invited him to his home in suburban Pearland.
Mangum drove a 6-inch knife blade into Ken’s skull as he sat drinking a glass of wine. Mangum loaded Ken’s body in the trunk of Ken’s car, drove it to his grandfather’s ranch south of San Antonio, and tried to burn his remains in a shallow pit he dug in a dry stock tank. Ken’s body was burned beyond recognition, and could only be identified by dental records.
Dr. Sprinkle talked with co-workers, Houston Police officers, and Ken’s best friend of many years to gain insight into who this gentle, happy man really was. In August of 2008, a Brazoria County jury found Mangum, who claimed that God had called him to wipe out sexual perverts, guilty and sentenced him to life in prison.
June 2008 – Alabama, Part I – After leaving the Texas Gulf Coast, Unfinished Lives project director Dr. Stephen V. Sprinkle traveled to Alabama and performed research about the life and murder of Billy Jack Gaither. His work brought him to Tuscaloosa, Birmingham, Sylacauga and Montgomery. Sprinkle met with scholars, students, humanitarians, and members of the Gaither family.
In Tuscaloosa Sprinkle met Dr. Beverly Hawk, Ph.D., Director of the Crossroads Community Center at the University of Alabama at Tuscaloosa. Dr. Hawk is a noted scholar who studies diversity and hate crimes, and is a friend of the Gaither family. She worked to establish the Billy Jack Gaither Humanitarian Award, given annually on the anniversary of his death.
Sprinkle then traveled to Birmingham, where his host was David Gary, a bank officer and dedicated LGBT activist well-known throughout Alabama. Gary is a master networker, and a true humanitarian. He is one of the founders of Integrity Alabama, the LGBT Episcopal advocacy group.
One of the most significant moments of the summer came when Sprinkle met Kathy Joe Gaither, Billy Jack Gaither’s elder sister. Kathy Joe is the keeper of the flame of her brother’s memory.
Billy Jack had to travel up to Birmingham in order to experience freedom as a gay man. His favorite bar was the Toolbox, which is now named “Phoenix”
Sprinkle then traveled to Sylacauga, Billy Jack’s home town. On the night of his murder in February 1999, Billy Jack Gaither left his home on Pelham Avenue.
Gaither gave his two murderers a ride to The Tavern, Gaither’s local hangout.
His murderers later cut him severely, forced him into the trunk of his own car, and transported him to the kill-site on Peckerwood Creek, a virtually inaccessible spot these days. There they killed him with blows from a wooden ax handle, dragged his lifeless body to a pyre of kerosene soaked tires, and immolated him. Gaither’s killers have been convicted of murder.
Billy Jack Gaither has been laid to rest beside his father, Marion, at Evergreen Cemetery in Sylacauga.
Sprinkle also traveled to the National Civil Rights Memorial Center in Montgomery, a facility that preserves the memories of slain Civil Rights advocates and others. In the Plaza, beside the memorial fountain, he spoke to youth from New York State who were visiting the Center’s museum.
The Center educates and motivates visitors for the cause of civil rights and tolerance. Notably, the Center has memorialized Billy Jack, giving him a tablet in its hall of remembrance.
June 2008 – Alabama, Part II – After leaving Montgomery, Alabama, in late June 2008, Unfinished Lives project director Dr. Stephen V. Sprinkle continued his research, learning about the life and murder of Scotty Joe Weaver.
First, Sprinkle traveled to Bay Minette, Baldwin County, Alabama, 30 miles from Mobile. This was the home of 18-year-old Scotty Joe Weaver.
Scotty, who had been harassed for being gay until he dropped out of high school, went to work as a cook for the Bay Minette Waffle House. He earned pretty good money for the first time in his life, money that allowed him to pursue his avocation as a female impersonator who favored Dolly Parton, and to rent his own trailer in Dobbins Trailer Park with his mother’s help.
A truly generous person, Scotty Joe invited two unemployed former schoolmates to live in the trailer with him. The young woman was a person he had known since grade school. In short order, his trailer guests invited another young man to live with them. Tensions arose.
Scotty’s three guests ambushed him in his sleep, robbed him of around $65, strangled him, and cruelly tortured him for hours, mutilating him while he was still alive. After partially decapitating him, they hauled his body to a remote wooded area outside Bay Minette, urinated on his corpse, and burned his body beyond recognition. Dental records eventually identified him. A vigorous investigation, headed by Baldwin County District Attorney David Whetstone, led to the arrest of Scotty’s three killers. The two men have been sentenced to life, and the woman to 20 years in prison.
Vigils were held in nearby Mobile, led by Bay Area Inclusion founder Tony Thompson, local PFLAG founder Suzanne Cleveland, and LGBT activist Rev. Helene Loper from Tuscaloosa. Today, however, most of the story has been forgotten, an example of how swiftly LGBT hate crimes are swept away from view.
Here is the Bryars McGill Cemetery in far north Baldwin County where Scotty Joe has been laid to rest. His grave lies as far from the road as you can get. Scotty Joe’s tombstone shows the loving remembrance of a mother.
June and July 2008 – Florida – After leaving Bay Minette, Alabama, Unfinished Lives project director Dr. Stephen V. Sprinkle traveled to Florida and performed research about the life and murder of 26-year-old Ryan Keith Skipper. His research took him to Winter Haven, Auburndale, and Wahneta.
In Auburndale Dr. Sprinkle met Lynn Mulder, Ryan’s stepfather, and spoke about the Unfinished Lives Project to the Polk County PFLAG chapter. Pat and Lynn Mulder are both healthcare professionals, respected, long-time residents of Auburndale. Their open welcome and willingness to share Ryan’s story and his friends was the highlight of the summer for Dr. Sprinkle.
Lynn and Pat keep Ryan’s cat, Baby, who wanders through the house looking for him still. Lynn toured Dr. Sprinkle to the sights associated with his son: First Missionary Baptist Church, Auburndale, Ryan’s home church, Grace Lutheran School, Winter Haven, where Ryan attended, Winter Haven High School, where Ryan graduated in spite of being harassed virtually daily for being gay by students who yelled epithets and threw rotten oranges and even stones at his car and his person.
Dr. Sprinkle traveled to Wahneta, a small, rural community south of Auburndale where Ryan and two girlfriends rented a little red house, 211 Richburg.
His killers–Bearden, who lived in a trailer in Eloise, just north of Wahneta, and Brown, who lived in a disheveled trailer park within biking distance of Ryan and the girls–planned to kill him after he returned from work at the Sunglass Hut in the Lakeland Mall. They tricked him with the story that they needed a ride, and directed him to drive down a lonely road where they slashed him to death with knives, nearly decapitating him. They left him on the side of Morgan road. The local woman who discovered Ryan’s body reported that it looked like someone had turned on a sprinkler of blood.
Bearden and Brown unsuccessfully tried to fence Ryan’s car that night, after bragging to friends about what they had done. They drove it to this public boat ramp on Lake Pansy, and set the car afire. In short order, they were apprehended, charged with murder, and have yet to stand trial.
The Mulders and Ryan’s elder brother, Damien, carried out a vigil here in Auburndale’s city park where hundreds gathered to remember him. Vigils were carried out in many other cities and towns in Florida to express outrage at the brutality of his murder.
Here, in Auburndale, Ryan lies in peace, and is not forgotten.
















































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. 


Special Comment: Living Hope
by Stephen V. Sprinkle
A paraphrase of Edwin Markham’s poem, “Victory in Defeat,” goes something like this: “Defeat as well as victory can shake the soul and let the glory out.” We are here tonight to tell the history of hope, not hate: hope born out of the hateful deaths of two men ten years ago, James Byrd, Jr. of Jasper, Texas, and Matthew Wayne Shepard of Laramie, Wyoming. Their stories brought us all together tonight. A decade ago, in the United States of America, they each died brutally at the hands of men who had learned to hate someone different.
Dragged behind a pickup truck in the Lone Star State of Texas for over three miles, James Byrd, Jr. died dismembered in a ditch in the wee hours of a June Sunday morning. People going to church found his body, minus his head and right arm, lying in the road in front of a little cemetery. They called the police, and as the police were speeding on their way to the crime scene, other citizens flagged them down because they had found James Byrd’s head in a drainage ditch.
Bludgeoned into a fatal coma with the butt of a .357 Magnum pistol, young Matthew Shepard was robbed of his shoes, his wallet, and ultimately his life in the Equality State of Wyoming on a cold October night. High in the desolate prairie, Matt’s bloody, broken body was trussed to a buck fence where he was abandoned to freezing wind and unforgiving sun for over 18 hours. When his near-lifeless body was found, the deputy sheriff who cut him free from that buck fence testified that he no longer looked like a human being, but more like a beaten Halloween scarecrow, limp on the ground. She said that his face was slathered with blood except for the tracks of his tears on his cheeks where the blood had been washed away. A few days later, Matt’s heart gave out, and he lost his fight for life in an Intensive Care unit.
Yes, defeat can shake the soul. That is what the poet, Edwin Markham said. Markham was a youth in the American Civil War, and the cataclysm of war ravaged the country in the years of the poet’s childhood. African Americans know the earthquakes of hatred and defeat. Long after that awful war was over, new battles faced African Americans, new defeats challenged hope with hate. Jim Crow, Separate But Equal, Strange Fruit with so many thousands lost to the rope that a sinister new term had to be invented to describe it: “lynching.” Hanging from the limbs of southern trees, shot and cut by the Ku Klux Klan, bombed in their Sunday School rooms, cut down by gunfire on the balcony of the Lorraine Motel… in the defeat of death they lay like rows of grain chopped down in a grisly harvest. We remember their names: Medgar Evers and Malcolm X, Martin Luther King, Jr. and Emmet Till, the four little girls in the 16th Street Baptist Church bombing in Birmingham: Addie May Collins, Carole Robertson, Cynthia Wesley, and Denise McNair. Their killings and the murders of too many others to recount tonight show us what hate crimes against a whole race of people can do to shake the soul.
Another slow-rolling holocaust swept the United States from the time in the late 19th century when the term “homosexual” was first coined by doctors who said it was a disease. Who someone loved had already been contested ground in America. In 1958, Mildred Jeter (a woman of white, African-American and Native American heritage) and Richard Loving (a white man) fell in love in the racially mixed, low-income farmland of Caroline County, Virginia. Because of Virginia’s Racial Integrity Act, they traveled to Washington, D. C. to get married. Shortly after their return to Virginia, police burst into their bedroom at 3 a.m., arrested husband and wife, and carried them away to jail. The Lovings pleaded guilty to being married; they were sentenced to one year in prison. Though the U.S. Supreme Court struck down the Virginia law against “miscegenation,” or interracial marriage, in 1967, there are haters who still believe loving someone is a crime worthy of death.
Though silent and hidden for much of the 20th Century, loving someone of the same gender, or seeking to live into a different gender than the one assigned at birth by a doctor, or even being perceived as belonging to such an orientation has often meant assassination and terror. The defeat of death has shaken the Lesbian, Gay, Bisexual, and Transgender community, with thousands of fatal attacks throughout this land of the free. Their homes have been desecrated, their bars bombed and burned. They are shot in their classrooms before the eyes of their fellow students, beaten to death with fists and clubs, mutilated with knives, and immolated on stacks of kerosene-soaked tires down lonely, desolate roads. Their lives were counted as less worthy than the lives of other citizens, and scriptures have been endlessly quoted to justify their extermination. We remember their names, tonight, too: Harvey Milk and Diane Whipple, Larry King and Simmie Williams, Billy Jack Gaither and Scotty Joe Weaver, Talana Quay Kreeger and Sakia LaTona Gunn, Paul Broussard, Nicolas West, and Kenneth Cummings, Jr., Fred C. Martinez, Jr., Amancio Corrales, and Gwen Amber Rose Araujo.
The ground of hope on which we stand tonight still shakes with the defeat death brings to African Americans and LGBT Americans. Too many times our respective communities have been shaken apart by differences. As the Dallas Voice has said, it would be hard to find lives of two men more different than the lives of James Byrd, Jr. and Matthew Shepard. James Byrd was a 49-year-old black man, a father and a grandfather, living in Southeast Texas. Matthew Shepard was a 21-year-old white man, a son of privilege going to school at the University of Wyoming.
One of them was a political science major, longing to advocate for the poor and oppressed, ready to launch out into life for the very first time. One of them was unemployed, living on disability checks, and like the Black Church tradition sometimes says, “tryin’ to make a way out of no way.”
But if they are indeed united in the defeat of death, the souls of the Byrd Family and the Shepard Family shaken by the earthquake of terror that only a hate crime can effect, we believe James Byrd and Matthew Shepard are united in something far wider and more vast than the shadow of death. They are forever united in the history of hope, a living hope, a hope worth living for.
James Byrd, Jr. and Matthew Shepard represent living hope. As Rev. Karen Thompson, Senior Pastor of MCC Austin at Freedom Oaks has said so well, “It is important that we not let our lasting images of these two men…be images of them as victims of hate. Rather,” she goes on to say, “we are called by their memories to do all we can to ensure that hate will not be the final word.” Ignorance and fear would have us accept defeat in the face of hate, but we cannot do that, because we cannot permit the killers to own the stories of James Byrd, Jr. and Matthew Shepard.
When the intense spotlight of publicity glared down on the families of these slain men, the Byrd Family and the Shepard Family showed the way to healing and not hate.
Ten years ago, Diane Hardy-Garcia, former executive director of the parent organization of what is now Equality Texas, approached Stella and James Byrd, Sr. to ask that a Hate Crimes act be named after their son. As she recounted recently to the Dallas Voice, “[James Byrd, Jr.’s] mother was so gracious to us. I explained the history [of the Hate Crimes Law in Texas] to them, and how it had failed before and how we wanted to present it this time as a whole package. And I told her, ‘I’ve got to tell you the truth. I think they will pass it if it is just about race. The hang up is including sexual orientation.’
“I had given [Mrs. Byrd] my card,” Hardy-Garcia remembered, “which clearly said Lesbian Gay Rights Lobby.” After about a minute of silence, Mrs. Byrd said, “Follow me,” and took Hardy-Garcia into a room filled with condolence gifts from all over the world. Then Mrs. Byrd said, “I sent Matthew Shepard’s mother a note. We don’t have a problem.” Though the James Byrd, Jr. Hate Crimes Act went down to defeat the first time, as Hardy-Garcia predicted it might because of the inclusion of sexual orientation, the Byrd Family never wavered in their steadfast support.
The Byrd Family kept on calling for healing, not hating, and went on to establish the James Byrd, Jr. Foundation for Racial Healing. Ross Byrd, James Byrd, Jr.’s son, has chosen to oppose the death penalty, and he has campaigned against executing the very men who bludgeoned, spray painted, and chained his father to the back end of a pickup truck, dragging him to his death—all because he and his family believe in hope, not hate.
Matthew Shepard’s parents, Judy and Dennis Shepard, chose hope, not hate, and spoke out against the execution of the two young men who killed their son. Along with Matt’s younger brother, Logan, the Shepards became active in educating against hate through the Matthew Shepard Foundation, an organization they founded to erase hatred through programs of diversity and education.
No one has been more courageously outspoken for the passage of state and federal hate crimes legislation than Judy Shepard, who has said to all who will hear her:
“Matt is no longer with us today because the men who killed him learned to hate. Somehow and somewhere they received the message that the lives of gay people are not as worthy of respect, dignity and honor as the lives of other people. They were given the impression that society condoned or at least was indifferent to violence against gay and lesbian Americans.”
She went on to say, “Today, we have it within our power to send a very different message than the one received by the people who killed my son. It is time to stop living in denial and to address a real problem that is destroying families like mine, James Byrd Jr.’s, and many others across America.”
If we are to rise to the challenge these two great families give us, to shake the soul of Texas and the nation, and to let the glory of a better, more just America shine through, then we have to get real about what it means to live out the hope we proclaim tonight.
We can’t talk about crimes like these tonight in the abstract. What does hate crime look like in the year 2008? Here is what it looks like:
What must we then do, if we are to move through the manifold defeats of hate crime violence in this land, to a land of hope, and not hate? Like you, I take courage from the leadership of the Byrd and Shepard Families. Like you, I need that courage tonight, to rededicate myself to healing and not hating, to hope, and not hate.
I believe we must first move past our personal feelings of powerlessness and denial, beyond the natural psychological barriers we all face when we stare into the mirror of such violence, and see our own part in it. Oh, yes, though it would be convenient to lay the blame exclusively somewhere else, we in the LGBT and Racial/Ethnic minority communities still have much understanding to learn, and much forgiveness to ask of each other, if we are ever to move beyond being defeated people ourselves, and find our way together into a better future for all our people. Sweet Honey in the Rock, an all-female Black a capella choir, say it this way in the lyrics of their song, “Rise in Love”:
We have much work to do if we are to live into the hope we long for and talk about. We must renew our efforts to name, claim and reject the racism that too many LGBT people harbor against people of color, and to name, claim and reject the homophobia and heterosexism that too many racial/ethnic communities still hold against gay folk. We have to get over it! In a paraphrase of the Good Book, how can we say that we love justice and harbor ill will against others of us? We have to get “shook up and shook a-loose” ourselves if we are ever to lead our nation to a better society.
And finally, we must move beyond just feeling bad about injustice. Americans are good about feeling bad. Perhaps we get angry, perhaps we get mad enough when we hear the outrageous stories of hate crimes in our community that we pay attention for a news cycle or two. Perhaps we attend a rally like this, and even write a little check to an advocacy group. And once we are past the first flush of emotion, then the economy gets our attention, or the fine Texas autumn, and we go dormant until hate strikes again, for hate surely will strike again if we do not act. Yes, Americans are good at feeling bad, until we start to feel better.
We cannot afford to let emotion alone motivate the work of justice. We who believe in justice cannot rest! We who believe in justice cannot rest until it comes! (An homage to “Ella’s Song,” by Sweet Honey in the Rock.) When memory shakes the soul like an earthquake, we have the obligation and opportunity to remember James Byrd, Jr., and refuse to rest until Texas perfects the hate crimes statutes it has, and applies them not just nine times, but all 1800 times.
We who believe in justice cannot rest! We who believe in justice cannot rest until it comes! When a mother like Judy Shepard challenges us to send a different message to America than the one delivered by the men who killed her son, we must embrace that memory with all its pain, and break out of defeat into action. We must join Judy Shepard in agitating our lawmakers and opinion-makers until the Matthew Shepard Act is passed in the new Congress, and signed into law by a new President of these United States.
We who believe in justice cannot rest! We who believe in justice cannot rest until it comes! Until Black folks and gay folks, women and men, Latinos and Latinas, and all the citizens of this nation can live free and love without fear of acts of violence, until hate is overcome by acts of love and forgiveness and hope, until the glory of this land of the free and this home of the brave shines on all people without distinction and without discrimination.
Not another ten years! Not another 12 months! This very night, each one here must find the courage and resolve to lift up Byrd and Shepard as signs of our hope, a hope worth working for, a hope worth agitating for, a hope worth staying shook up about…
For we who believe in justice cannot rest! We who believe in justice cannot rest until it comes!
Stephen V. Sprinkle
Director
The Unfinished Lives Project
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October 20, 2008 Posted by unfinishedlives | African Americans, Anglo Americans, Anti-Semitism, Beatings and battery, Bisexual persons, Bludgeoning, Decapitation and dismemberment, gay men, Hate Crime Statistics, Heterosexism and homophobia, Latino and Latina Americans, Law and Order, Legislation, Lesbian women, mob-violence and lynching, Native Americans, Neo-Nazis and White Supremacy, Politics, Racism, Remembrances, Special Comments, Texas, Torture and Mutilation, transgender persons, Uncategorized, Vehicular violence, Wyoming | 2 Comments