Gay Native American Murder Sentence Decried as Too Light; Mother Indicts Judge and Wyoming Court
David Moss, 25, gay Arapaho beaten to death with a bat and brass knuckles by teenagers.
Riverton, Wyoming – Santana Mendoza, the second teenage defendant in the September 2013 murder of a gay Native American was sentenced for manslaughter yesterday in the death of a gay Native American, and the victim’s mother is crying foul. Her son’s murder was a hate crime, Victoria Moss said, and the sentences the court handed down to the teens who killed him show the world that the life of a Native American gay man is worth less than if he were straight and white. County 10 reports that Ms. Moss declared that since this is National LGBTQ Pride Month, she would be honoring her son while gay people and allies celebrated Pride. “This Saturday,” she said, “I will be celebrating the pride I have for my gay son.”
David Ronald Moss Jr., 25, was bludgeoned to death by teenagers Santana Mendoza and John Potter on the Rails to Trails Pathway behind a Riverton trailer park on September 4, 2013. Moss’s companion, Aleeah Crispin, was beaten into brain damage by the teens during the same attack, leaving her unable to speak for weeks afterwards. Mendoza and Potter, 16 and 15 at the time of the brutal assault, were both tried as adults. Both initially pled not guilty to all charges. In April of this year, after a plea deal reducing the charge from second degree murder to manslaughter, Potter was sentenced, as reported by County 10. After the same plea deal was accepted by District Attorney Michael Bennett for Mendoza, his sentence was handed down by Ninth Circuit Judge Norman E. Young after a one-hour sentencing hearing at which Crispin herself testified. Mendoza’s sentence mirrors Potter’s sentence almost perfectly: 12 to 18 years for the murder of Moss, minus time served, and 8 to 10 years for the assault on Crispin, both sentences to run concurrently. The sentence also mandates that the youths share a restitution of $12,000 to be paid to the living victim and the families. Moss’s mother is convinced that her son’s sexual orientation and Native American heritage played into the judge’s decision to hand down a light sentence that would never have been tolerated by the white, straight community if the victim had been one of their own. Some say that the revelation of Moss’s sexual orientation came as a surprise to them.
Judge Young denies being influenced by the knowledge that Moss was gay. He told County 1o that he now believes neither of the youths “intended” to kill Moss, who succumbed to blunt force trauma to his head according to the Coroner’s report. What Judge Young does admit to considering was the age of the defendants. Both were born in 1997. He said that he had never sentenced anyone in his career as young as they.
The attack was swift, terrifying and brutal. Mendoza testified that he and Potter saw two friends eating fast food near the beginning of the pathway. The Daily Ranger reported that while Mendoza watched Moss and Crispin, Potter left to retrieve a ball bat and brass knuckles that they used in the attack on Moss and Crispin. The teens beat them in the face with the bat, and repeated kicked them. When they left, Mendoza testified, both victims were unconscious, and Moss was making a “snoring” sound. The next morning, two unresponsive bodies were found on the trail. Moss was dead. Crispin was beaten mute, and left with significant brain injuries.
Hate crime was never considered during the investigation. Instead, law enforcement and the District Attorney sought for other motives for the senseless crime.
Moss was an enrolled member of the Northern Arapaho Tribe, and proud of it. His obituary portrayed a young man who was devoted to family, especially to his niece, Morning Star, and liked by a wide circle of family and friends.
The accusation of David Moss’s mother still hangs in the air as the two youths serve out their sentences: What is the comparative worth of the life of a gay Native American? Where is the justice in any of this senselessness?
French Homophobia Skyrockets 78%; Forces Reassessment of LGBTQ “Progress”
Paris victim Wilfred de Bruijn, “the face of homophobia in France,” and French anti-gay marriage protestors.
Paris, France – The number of documented homophobic attacks is ballooning out of control, says a report published by the French anti-homophobia watchdog, SOS Homophobie. Since the passage of France’s pro-LGBTQ marriage law, advocates have been shocked by a rise of 78 percent in violent crimes against gay, lesbian, transgender, and bisexual residents in France during 2013. The ominous meaning of this spike in violence in a supposedly “enlightened” European culture is forcing advocates, activists, and government officials to rethink narratives of progress on the issue of human equality.
SOS Homophobie, the only organization with reliable statistics on attacks against LGBTQ people in France, says that a violent physical attack against queer people is occurring no less than once every two days, and increase of 54 percent since 2012, but this statistic does not reflect the whole story. The SOS Helpline received an astounding 3,500 calls in 2013, as opposed to 1,977 in all of 2012, registering an overall increase in anti-gay hate crime of the reported 78 percent. “In the last twenty years the number of reports of incidents [of homophobia] received by our association have not stopped growing, but in 2013 they exploded,” notes the most recent SOS Homphobie report. The report also found that the number of anti-gay insults online rose from 656 in 2012 to 1,723 cases in 2013, and the number of incidents that occurred in a school increased by 25 percent.
Justice and Interior ministries have been caught napping by these startling numbers, according to EDGEBOSTON. An ideology of “inevitable progress” on matters of human rights has caused Gallic cultural leaders to be blindsided by the shift towards anti-gay rhetoric and physical violence since the legal embrace of same-sex marriage. “There’s no doubt the rise in homophobic acts was linked to the context of the opposition against gay marriage,” Gregory Premon, spokesperson for SOS Homophobie, said to The Local. “Homophobic words and statements became trivialized during this period and helped legitimize insults and homophobic violence.”
A Dutch resident of northern Paris, who was punched and kicked senseless on a street near his home last month, has become the “face” of this new wave of anti-gay violence in France. Wilfred de Bruijn’s skull was fractured in five places and he lost a tooth in the attack, according to The Independent. He and his boyfriend Olivier were walking arm-in-arm at the time of the savage assault. “I woke up in an ambulance covered in blood, missing tooth and broken bones around the eye,” Mr. de Bruijn told The Local. “I’m home now. Very sad. Olivier takes care of me. Forbidden to work for at least 10 days.”
Mr. de Bruijn places the blame for the attack upon the shoulders of anti-same sex marriage protestors, and a group has taken credit for the brutal act. Le Printemps Français (“The French Spring”), whose membership is believed to be largely comprised of hardline Catholics and royalists, now boasts that it sanctioned and carried out the assault against Mr. de Bruijn and his lover. The shift from anti-LGBTQ marriage to a more general disgust against all queer and gender variant people is becoming more and more obvious. As Mr. de Bruijn said to The Independent, “The [anti-gay-marriage campaigners] know very well what can happen if you repeat, repeat, repeat that these people are lower human beings. Of course, it will have a result.”
Though the French government has reacted with outrage to the news of the attacks on Messieurs de Bruijn and Olivier, and another recent gay victim, Mr. Raphael le Clerca in Nice, confidence in governmental authority to cause social change in such a charged environment has been seriously shaken in what was once a bastion of culture and forward thinking. In the U.S. context, as well, the rise in Western European homophobia and heterosexism is not to be taken lightly.
Geography of homophobic Tweets in the USA in 2013 (source: The Atlantic Magazine).
While the Marriage Equality movement is advancing on the judicial front, most recently in the southern and western states of Arkansas and Idaho, it cannot be ignored any longer that incidents of anti-LGBTQ violence, especially against gay men and transgender people, has risen each year since the passage of the Matthew Shepard/James Byrd Jr. Hate Crimes Prevention Act in October 2009. The heat of anti-gay rhetoric from the Religious Right Wing has intensified, and homophobic Christianist preachers like Scott Lively have pressed their hate agenda abroad wherever they have gotten the chance, in Russia and the Slavic countries of the former Soviet Union, and in Central Africa, for example. While the attention of U.S. advocacy groups is upon Marriage Equality and a looming struggle in the U.S. Supreme Court, anti-LGBTQ attitudes have largely gone unaddressed, thanks to a blind belief in “inevitable social progress,” the irrelevance of domestic religious bigotry, and trust that the younger generations of Americans will finally tip the balance towards tolerance throughout the U.S. population.
We know, however, who is killing LGBTQ people in such alarming numbers in the U.S.A.: the very young who are supposedly their saviors. The persons who murder and maim queer folk in the United States are predominantly young men from 17 to 35 years of age. We also know that the under appreciated cultural power of religion to spawn false narratives of government oppression of “religious freedom” lies just below the surface of American society. And American public and private schools are hotbeds of un addressed bullying and violence against gender variant youth, with outrageous consequences for vulnerable children every week in these United States.
The Marriage Equality movement is not essentially about changing foundational attitudes towards people of difference. It is about stretching societal and cultural boundaries just enough to let same sex couples inside, where they can enjoy a similacrum of “normal life.” Marriage is a conservative issue in American life, and always has been. The serious and radical work of changing hearts and minds to accept challenging differences in society remains to be done, and cannot be ignored if Americans do not want to face the crisis their French allies are currently facing “just across the Pond.”
It is past time Americans take to heart the trenchant remarks of a French government spokesman outraged by the recent rise of homophobia in France: “The hatred and homophobic remarks have no place in our country and are punishable by law. The government strongly condemns these acts. These outbursts are unacceptable. When the most basic civil rights of our citizens are attacked, the authority of the state is at stake.”
New York Gay Man Attacked by Hasidic Jewish Safety Patrol Members; Five Arrested So Far
Taj Patterson, 22, gay man savagely attacked by Hasidic Jews in Williamsburg, NY shouting anti-gay slurs (NY Post images).
Williamsburg, New York – A gang of Hasidic Jews, some identified as members of the Satmar Hasidic Shomrim (Safety Patrol), shouted homophobic and racial slurs as they brutally beat a gay black man in Williamsburg on December 1. The victim, 22-year-old Taj Patterson, suffered multiple injuries including a crushed eye socket, a torn retina, and cuts to his right knee and hip. This week, five hasidim were arrested for the attack by the New York Police Department’s Hate Crimes Task Force. They have been charged with Gang Assault in the First Degree and a variety of other charges, though at this point a hate crimes charge has not been lodged, even considering the report of witnesses that a barrage of homophobic slurs accompanied the assault. The charges carry a maximum sentence of 25 years for each assailant proved guilty. Failed Messiah, a blog covering news in the Hasidic community since 2004, identified those arrested as Pinchas Braver, 20, Aharon Hollender, 28, Abraham Winkler, 39, Mayer Herskovic, 21, and Joseph Fried, 25. Two of the alleged assailants fled from the United States to Israel immediately following the incident, but were apprehended there.
The five suspects and a number of other hasidim who allegedly participated in the attack are all members of the Satmar Hasidic Jewish community, a large and influential ultra-Orthodox Jewish sect with pre-World War II roots in Hungary. According to A Life Apart: Hasidism in America, the Satmar Hasidim number at least 45,000 in Williamsburg today. The Shomrim is a volunteer neighborhood watch drawn from the Satmar community. Activists in Williamsburg quickly denied the involvement of the Shomrim in the attack, but according to the Brooklyn Paper, the denials left room to conclude that some of the attackers were indeed members of the watch group. An Orthodox rabbi who decried the attack did not mention the participation of the Shomrim in the December attack. Rabbi David Niederman, president of the United Jewish Organizations of Williamsburg and North Brooklyn, said, “The bedrock of the Williamsburg community is tolerance for one and another. Any act of violence by any individual, against anyone, for whatever reason, is condemned in the strongest possible terms.”
EDGE on the Net reports that Patterson is a fashion student studying at the New York City College of Technology. While he says he does not remember much from the attack that occurred with swift savagery, he clearly recalls at least one of his assailants shouting, “Stay down, faggot, stay the fuck down,” as he kicked Patterson in the face. Since the horrific incident, Patterson has undergone surgery to repair his torn retina.
The true heroine of the whole bloody affair was the driver of Bus 57 who slammed on her brakes and stepped out of her bus snapping pictures of the assault with her cell phone, according to the New York Post. The NYPD say that the attacking gang fled the scene when they realized she was taking their pictures.
Perp Sentenced for Beating Disabled Brother and Threatening Castration to “Push the Gay Out of Him”
(L to R) Lawrence Featheroff, Jamie Smith, and Brent Disbennet abused a disabled man for having “sexual thoughts about men” (NBC4 image).
Lancaster, Ohio – A Central Ohio man charged with threatening to slice off his disabled brother’s genitals with a butcher knife for being gay, and repeatedly punching him to “beat the gay out of him,” has pleaded guilty to felonious assault and abduction. On Monday, Fairfield County Judge Chris A. Martin sentenced Lawrence L. Featheroff to 30 months in prison and 3 years subsequent probation for bashing, tormenting, threatening, and beating the younger brother he agreed to care for, because of loathing his brother’s “sexual thoughts about men.” Featheroff, 38, had taken charge of his disabled younger brother, Jason A. Meyers, 26 after reports of alleged abuse in a group home for developmentally disabled people. According to The Columbus Dispatch, Meyers is developmentally disabled, but relatively high-functioning.
Featheroff virtually imprisoned Meyers in a house where they lived with an uncle and aunt, and Featheroff’s girlfriend. He admitted to the charges back in January when police, following a tip that abuse might be going on in the house, found Meyers suffering from a concussion, multiple facial bruises including an injured eye socket, and a sprained ankle. The older brother, a convicted ex-con who had served time for domestic violence, said that his motive for the abuse was to intimidate his younger sibling into becoming heterosexual. Gay Star News reports that Detective Brian Lowe testified at the sentencing hearing that Featheroff claimed he “wanted to toughen him up to push the gay out of him and make him a normal person.”
Investigators uncovered a pattern of torture, physical and psychological abuse against the younger man by Featheroff, Featheroff’s girlfriend Jamie R. Smith, and Brent M. Disbennet. The trio routinely punched and kicked Meyers, limited him to one small meal a day, and forced him to run up and down a hill carrying a heavy wooden railroad tie. On at least one occasion, Featheroff held a butcher knife to Meyers’s genitals and swore that he would castrate him if he didn’t stop fantasizing sexually about men. Meyers was removed by officials to a safe location and is now living in adult foster care.
The brothers were part of a family of eight siblings by different fathers who were removed from their mother’s care for reports of neglect or abuse. The remaining siblings have banded together in a family group of their own. One of the other brothers is believed to have tipped off police about the abuse he feared was going on in his brother’s home. At the sentencing hearing, some of the siblings showed up to support Featheroff, and claimed that Meyers could be difficult to live with.
Smith, 40, has pleaded not guilty to complicity to commit felonious assault and abduction. Disbennet, 25, has admitted guilt for felonious assault. Their court dates are pending.
Gay Hero and Martyr Postage Stamp Design Revealed
Washington, D.C. – The long-awaited Harvey Milk commemorative postage stamp is now a reality, according to Linn’s Stamp News. A black-and-white photo image of Harvey Milk will be the central feature of this non-denominated U.S. Postage “Forever” Stamp. The stamp design includes the colors of the Rainbow Flag in six differently colored squares stacked vertically in the upper left corner. First day of issue is planned to be May 22, 2014, Harvey Milk Day, to celebrate the San Francisco gay politician, activist, and city supervisor. Cities likely to be chosen as first issue sites are Washington, D.C. and San Francisco, California.
Milk, who is recognized throughout the world as a hero and martyr of the LGBTQ and human rights struggle, was a U.S. Navy veteran, and one of the earliest openly gay elected officials in the United States, winning a seat on the San Francisco Board of City Supervisors in 1977. Though gay rights was a major emphasis of his political career, Milk also championed affordable housing, city sanitation, expanded child care, and public transportation. He was shot to death in his City Hall office on November 27, 1978 by Dan White, his one-time colleague who blamed his actions on momentary insanity and disorientation from eating too many sugary desserts. White also shot and killed San Francisco Mayor George Moscone the same day. The appearance of this commemorative stamp marks the first time a gay hate crimes murder victim has been publicly honored in this way.
EDGE on the Net reports that The stamp, likely to be issued in a pane of 20, will be used to mail a one-ounce letter regardless of when the stamp is purchased or used and no matter how future prices fluctuate. The current value of the stamp is 49 cents.
According to SF Gate, the U.S. Postal Service selects only 20 persons per year to be honored with a commemorative stamp, out of the thousands nominated by people all over the globe, and vetted by a citizens’ advisory committee. Speaking to the San Francisco Chronicle in October 2013 at the announcement of the Postal Service’s decision to develop and issue the stamp, Milk’s nephew and co-founder of the Harvey Milk Foundation, Stuart Milk said, “We’re excited. We think this will represent my uncle’s message, which is hope and courage and authenticity, very well.”
Rush Limbaugh Demeans Matthew Shepard’s Hate Crime Murder
Attempts to demean Matthew Shepard and his murder are a Right Wing fetish.
Palm Beach County, Florida – Conservative radio bombast Rush Limbaugh attempted to undercut the powerful anti-gay hate crime narrative of the murder of Matthew Shepard during a broadcast on Monday, February 24, from his top secret studio in Florida. In the show, entitled “When did the ‘hate crime’ concept begin?”, Limbaugh launched a diatribe against Jason Collins’s decision to wear Number 98 on his basketball jersey in memory of Matthew Shepard who died because of anti-LGBT bias in 1998. Collins, the first openly gay person to play on an NBA court this past Sunday for the Brooklyn Nets, came out back in April 2013 to both accolades and brickbats.
According to the broadcast transcript, Limbaugh attempted to win sympathy and outrage from his Dittohead audience for being the “original” target of hate crime language back in 1998. He had one major problem, however–the internationally embraced story of Matthew Shepard’s hate crime murder for being gay by Russell Henderson and Aaron McKinney in October 1998. So, Limbaugh proceeded to undermine the hate crime dimension of the Shepard murder that gripped the nation and the world and galvanized the human rights movement, eventually leading to the passage of the Matthew Shepard/James Byrd Jr. Hate Crimes Prevention Act in 2009. Limbaugh said to his audience:
“[Jason Collins is] the first openly gay player to actually play in a professional sports game. It happened last night, the Brooklyn Nets against the Los Angeles Lakers. This is the Nets play-by-play announcer Ryan Ruocco, as Jason Collins — who, by the way, took the number 98 in solidarity with Matthew Shepard, who it’s now been proven didn’t happen, but was reputed to have been beaten up by a bunch of anti-gay bigots.” In the transcript, Limbaugh provided readers with a hotlink to a book by right wing darling Stephen Jimenez purportedly “disproving” the anti-gay hate crime aspect of the Shepard case.
As Unfinished Lives reported last year at the publication of Jimenez’s book, these rather tired arguments are part of the continuing scheme to erode all anti-gay hate crimes narratives by attacking the archetypal Shepard story. Some of Jimenez’s own major sources have decried and disavowed his use of their names in his book of allegations, among them Henderson’s defense attorney who said that none of the “evidence” Jimenez advances was admissible in court when he was defending his client, and it is without merit now. The Matthew Shepard Foundation, where Matt’s memory is making a difference by saving lives throughout the world, issued a strong rebuttal to this problematic book Limbaugh takes as gospel. In the New York Daily News, the Shepard Foundation statement reads, in part: “Attempts now to rewrite the story of this hate crime appear to be based on untrustworthy sources, factual errors, rumors and innuendo rather than the actual evidence gathered by law enforcement and presented in a court of law.”
The extremist Right Wing, epitomized by Limbaugh, famously called “Comedian Rush Limbaugh” by Keith Olbermann on Countdown, has made a virtual cottage industry out of demeaning the lives and deaths of LGBT people for over 16 years. Their agenda is running out of gas. This latest attempt also fails to obscure the ugly truth that Matthew Shepard and over 14,000 other American queer folk have been murdered for their sexual orientation and/or their gender identity and expression since 1980.
The Shepard murder captured the world’s sympathy, outrage, and imagination as no other anti-gay hate crime murder story had done before. As Gay Star News reports in its story on the Limbaugh allegations: “Shepard, a 21 year old college student, died after being tortured in a hate crime in Laramie, Wyoming. Aaron McKinney and Russell Henderson each received two consecutive life sentences for his murder. The prosecutor in the case alleged that McKinney and Henderson pretended to be gay in order to gain Shepard’s trust so they could later rob him. McKinney originally pleaded the gay panic defense, arguing that he and Henderson were driven to temporary insanity by alleged sexual advances by Shepard. After meeting Shepard at a bar, the pair took him to a remote area outside of Laramie. Once there they robbed him, beat him severely, and tied him to a fence with a rope from McKinney’s truck while Shepard pleaded for his life.”
As Dr. Stephen Sprinkle explains in his award-winning book, Unfinished Lives: Reviving the Memories of LGBTQ Hate Crimes Victims (Resource Publications, 2011): “The public outcry at [Matthew Shepard’s] cold-blooded killing meant the hate crime that cut his young life short became the holotype in the American psyche for all instances of oppression against people in the sexual minority. It also sent a chill into the bones of the religio-political Right Wing. Power to enact protection statutes for LGBT people coalesced around Matt’s death so swiftly that the Wingers feared anti-LGBT hate crime legislation might actually become law. Their strategy was to kill the story, or failing that, change the narrative. Cut the power of moral outrage out from under Matt’s murder, they reasoned, and they would blunt the mounting public sentiment for an end to anti-LGBT oppression.”
None of Comedian Rush Limbaugh’s or Stephen Jimenez’s allegations concerning Matthew Shepard’s murder hold water. It seems the extremist Right Wing is all out of ideas.
Gay Bashing in North Texas Leads to Hate Crime Charge
Gay bashing victim Arron Keahey, 24, after teen assailant savagely beat him last Labor Day.
Dallas, Texas – A Springtown man who lied about his encounter with a gay man via social media in September has been charged with a bias-motivated hate crime. According to a press release by the Dallas Division of the FBI, Brice Johnson, 19, has been charged with “willfully causing bodily injury to a person because of the actual or perceived sexual orientation of that person in a federal criminal complaint.” On September 2, 2013, 24-year-old gay man, Arron Keahey, connected to Johnson through the social app, MeetMe, being led to believe that Johnson was gay. The FBI press release details how Johnson led on Keahey to lure him to his home: “During their communications, Johnson said that he was interested in engaging in sexual activity with A.K. He invited A.K. to his home, gave A.K. his cell phone number and address, and they exchanged text messages planning their sexual activity.”
As soon as Keahey arrived at Johnson’s home, the assailant beat Keahey savagely, bound his wrists with an electrical cord, and rolled him into the trunk of a car. Johnson drove to a friends house with his injured victim bleeding in the trunk. Upon learning that Johnson had bashed the gay man so severely, Johnson’s friends threatened to call the police themselves if Johnson did not rush Keahey to a hospital. Johnson drove his victim to a hospital in Fort Worth where he was treated for ten full days for smashed facial bones, lost and broken teeth, and multiple skull fractures. Johnson concocted a story that he had found Keahey wounded, and being such a Good Samaritan, took him to the Harris Methodist Hospital. Officers investigating found evidence to the contrary on Johnson’s cell phone where he had recorded a gay slur to refer to Keahey’s contact number. Johnson then changed his story to say that he was “pulling a prank” on Keahey by the use of the slur to refer to him because of his sexual orientation. Keahey has sworn that he had never had any sort of sexual or physical contact with his attacker prior to the moment Johnson lashed out at him on the night of the crime.
At the time of the incident, North Texas news media and law officers were reluctant to say that the assault that nearly killed Keahey was a hate crime. Only after an extensive investigation with the FBI who were called into the case because of the possible anti-gay violence did the Parker County Sheriff’s Department and the Springtown Police Department come to final agreement that Keahey had told the truth all along, and that he had indeed been the victim of a hate crime due to extreme animus against his sexual orientation. Though it remains unsaid in the FBI press release, the U.S. Department of Justice was able to step into the case investigation because of the provisions of the Matthew Shepard/James Byrd Jr. Hate Crimes Prevention Act signed into law by President Barack Obama in October of 2009. Otherwise, like so many under-investigated attacks against LGBT people, this hate crime would have gone uncharged and unpunished.
Brice Johnson, 19, charged by FBI with bias-motivated hate crime.
According to a report by the Dallas Morning News, one of the major news outlets most reluctant to name anti-gay hate crimes as they demonstrated in this case, it was a Springtown Police Lieutenant, Officer Curtis Stone, who first suggested in his report that the Labor Day beating might be a “possible” hate crime. WFAA-TV which covered the September attack and interviewed Keahey, spun the story to subtly suggest that the gay man’s use of the MeetMe app had led to the crime. Such an intimation may be factually accurate, but does not take into account the use of social media daily by millions of heterosexual people to hook up with the reasonable assumption that they will be safe in doing so. While there is always risk in meeting unknown people through web-based or phone-based media, no one at WFAA has issued a warning that straight men and women who fall victim to violence after using social media are somehow responsible for their own victimization–a suggestion that LGBT hate crimes victims are to blame for violence against them. The WFAA story ends with Keahey agreeing that he had “learned a painful lesson.”
Johnson appeared in court for the first time on Thursday to be charged with a hate crime. The statutory maximum penalty is a ten year sentence in a federal penitentiary, and a $250,000 fine.
It took five full months for the Department of Justice and the FBI to firm up the hate crime charge against Johnson that the Springtown Officer had first suggested. No one in Springtown or Parker County, or North Texas for that matter, wants to have to admit that anti-gay hate crimes take place there. But they do.
Gay Panic Murder At TCU Raises Unanswered Questions
David Hidalgo (l) claims “gay panic” led him to stab TCU senior marketing student Stewart Trese (r) to death.
Fort Worth, Texas – The roll out of developments surrounding the murder of a 23-year-old Texas Christian University senior at the Grand Marc Apartments leave a host of questions unanswered–both about the so-called “gay panic” his confessed killer claims led him to murder, and the uneasy state of LGBTQ members of the campus community. This we know so far: the victim, Stewart Trese, a marketing major and Japanese minor at TCU, was stabbed to death in the hallway of the Grand Marc by 21-yar-old David Hidalgo, a “townie” who had known Trese for some months before the fatal “altercation,” according to the Fort Worth Star-Telegram. At 9:22 a.m. on February 4, Trese was pronounced dead outside his apartment from multiple stab wounds. A day later, Hidalgo was taken into custody at John Peter Smith Hospital by Fort Worth Police and charged with murder. Now in the Mansfield Jail under $100,000 bond pending trial, Hidalgo made the explosive claim in a jailhouse interview with WFAA TV that Trese made sexual advances, drew a knife on him, and threatened his life.
In what amounts to a “gay panic” justification of his actions, Hidalgo claims that Trese called him over to his apartment near the TCU campus “to see something,” and when Stewart met him in the hallway of the Grand Marc outside the apartment, he seized Hidalgo’s buttocks, made sexual demands of him, and drew a pocket knife, threatening to kill Hidalgo if he didn’t give in sexually. “He pulled out the knife and said, ‘I’m gonna kill you,’ he said, ‘I’m gonna kill you,’ and he came toward me with the knife and I grabbed his hand that the knife was in and I tried to wrestle it out from him,” Hidalgo claimed in the WFAA/Channel 8 interview. “We ended up on the floor and I ended up stabbing him in the chest and in the throat.” Expressing regret at what he had done, Hidalgo went on to say there was little else he could do because Stewart was so angry at being refused sexually. “When he pulled that knife on me I was really scared, I thought he was going to kill me,” Hidalgo said. “I really think he was going to.”
Gay media are expressing doubt about Hidalgo’s story. John Wright of Lone Star Q isn’t buying Hidalgo’s “gay panic” account on two counts: first, Wright calls any such defense of violence against LGBTQ people “bunk,” and second, to believe that a man in a relatively long-term friendship would suddenly attempt rape at knife-point seems “bizarre.” More likely, Wright suggests, a romantic relationship had developed between the men, and the hint of drugs makes the friction between them more credible.
The notorious “gay panic defense” has been a staple of heterosexist, homophobic and transphobic legal and public relations tactics for decades in the United States, relying on the gullibility and anti-LGBTQ prejudice of juries and the general public to lessen punishments for defendants perpetrating violence against gay and transgender victims. But in August 2013, the American Bar Association in its annual convention unanimously supported the demise of “gay panic” and “trans panic” in U.S. courts. The Journal of the ABA reports:
“The ABA House of Delegates has unanimously passed a resolution urging federal, state, local and territorial governments to pass legislation curtailing the availability and effectiveness of the use of ‘gay panic’ and ‘trans panic’ defenses by criminal defendants. These defense strategies seek to excuse the crimes by saying that the victim’s sexual orientation caused their assailant’s violent reaction to them.” Speaking prior to the vote, D’Arcy Kemnitz, executive director of the National LGBT Bar Association said that such legal tactics were “surprisingly long-lived historical artifacts” reflecting the homophobia and heterosexism prevalent in the past. She went to say that such defenses were based upon “the notion that LGBT lives are worth less than other lives.”
Trese had been introduced to Hidalgo approximately 18 months before the killing by a “friend” who wished to remain anonymous for fear of reprisals, according to the Star-Telegram. The two men met at the Altamesa Church of Christ, and volunteered at the church’s related charity program, Neighborhood Needs. The anonymous friend went on to say that the men became “close,” and that their unequal backgrounds did not seem to hinder their relationship. While Hidalgo did not have a job or a personal vehicle and grew up literally beside the train tracks, Stewart was the son of Dr. Thomas Trese, D.O., a prominent Fort Worth Neurologist. Even if their friendship soured over time, it strains credibility to believe that “gay panic” ignited the wrestling match that led to Trese’s grisly murder.
TCU Allies logo
Was Trese a gay man, or same-sex attracted? His family does not believe so, according to his brother Steve who told the Star-Telegram “Stewart was not that guy. We have the utmost faith in the Fort Worth police and district attorney’s office and the truth will come out.” Concerning Hidalgo’s motive for making a gay claim against his brother, Steve Trese added, “We believe that somebody in his predicament would do anything to save his skin.” Trese was not a member of TCU’s LGBT student organization, though he was listed as a member of TCU Allies, a gathering of students, faculty and staff supportive of the equal rights of LGBTQ people. His sexual orientation remains a mystery. His station in life and his association with evangelical Christian organizations like the Fellowship of Christian Athletes and the Churches of Christ (Non-instrumental) would have encouraged a deeply closeted gay man to remain so to all but a few confidants, lovers, and friends.
Is Hidalgo gay, or gay curious? Does he harbor the sort of anti-gay feelings that would add fuel to the sort of attack that bears all the hallmarks of an anti-gay hate crime murder? By his own admission, Hidalgo stabbed Trese five times and cut his throat. While not being definitive, brutality and bloodiness like this are characteristic of the type of “wet work” carried out by homophobic killers. But how could he have remained friends for so long with Trese, if indeed Trese was closeted or questioning, were Hidalgo to suffer from deep seated antipathy towards same-sex desire? Once again, we are faced with a mystery, and with the suggestion that money and drugs may have played a critical part in this case.
David Mack Henderson of Fairness Fort Worth, in liaison with the Fort Worth Police Department’s LGBT contact, communicated with TCU GSA Alumni to say he is working to keep channels open with the police and the LGBTQ community on campus. Henderson voiced confidence in the FWPD, saying, “I have every confidence that FWPD is taking the murder of Mr. Trese very seriously and will develop the case necessary to prosecute Mr. Hidalgo to the fullest extent of the laws.”
While Texas Christian University has an active LGBT Gay Student Association and alumni group, the record of the university on same-sex issues is spotty. There is little encouragement for faculty and staff to come out openly if they are LGBTQ. The administration’s attitude towards queer concerns is by turns benign and callous, as the unbending decision to bring notoriously anti-gay Chik-Fil-A to campus shows, despite faculty and student unrest about the fast food purveyor. As is the case in many church-related colleges and universities in the South and Southwest, TCU likes to point to its enlightened, progressive approach to LGBTQ concerns while at the same time refusing to establish and staff an Office of LGBTQ Relations on its campus (something conservative Texas A&M has done since 1996). The whiff of gay murder and hate crime around campus will probably encourage the policy of denial that TCU has adopted for years. But hard questions will continue to be asked as the investigation into the brutal murder of one of the university’s prominent marketing seniors proceeds–a murder that certainly suggests that troubling gay aspects of this case will not be denied for much longer.
Gay Student Condemned By Church Dies By Suicide
Ben Wood, 21, bullied by Church Youth Leader, takes his own life.
Asheville, North Carolina – William “Ben” Wood was 21 when he died on the floor of his dorm at UNC-Asheville. Friends who found him said that he was drawn up in a fetal position on May 8, 2013, having slashed open his veins. The loss of this sensitive, justice-seeking young gay man is a tragedy by most accounts–his friends and school mates say he was a fine student, but in recent months his grades and school performance had plunged. The university junior couldn’t deal with the prospect of going back to his neighborhood in Asheville without being a student any longer, according to his mother’s account in the Reconciling Ministries Network Blog. As a teen, he had been irreparably wounded by a Youth Leader at his home church as he prepared to go on a Mission trip with his friends from the United Methodist Youth Fellowship.
His mom, Julie Wood, recounts how the misguided Youth Leader singled out her son for being gay in front of his peers. The leader said, “You all know, we all know, that Ben is gay. Who here is comfortable being around him?” Demanding a response from each youth in the group, the Leader then said, “Do you understand that Ben is going to hell?” Once again, the Youth Leader pressed each youth for an answer about Ben. Crushed, exposed, and broken by the experience, Ben came home while his UMYF friends left on the bus for the Mission Trip. His mother, who stalwartly contends that their home church is a loving and supportive place, says that this was the trigger experience she believes led to the suicide of her son a few agonizing years later. Mrs. Wood writes:
“Ben was told that he was not worthy of going on the mission trip. He had been shamed, humiliated, and betrayed. He was told that he did not deserve to be a part of the group. He was no representative of God.
Out of our front window, I saw the goldish colored Caviler abruptly whip into our driveway. Ben ran up the porch steps and stood in the doorway. One look, and I knew, something horrible had happened. The flushed sides of his cheeks quivered as did his lip. His breathing was rapid and his eyes just about to spill over.
The church bus was loaded with Ben’s friends to go on that mission trip while my betrayed and broken son, walked alone around Salem Lake. He must have felt so very abandoned and isolated.
While he never lost his compassion for others, I think that this was the day that he gave up on people and God.”
Skeptics may argue that there is no clear correspondence between the suicide of a young gay man years after the shaming incident that took place in a church youth group in his teens. Others will say that the church is basically a loving and supportive place, but is put in a hard situation by teachings like those of the United Methodist Church that send an ambiguous, essentially rejecting message about lesbians and gay people. On the one hand, the social teachings of the church say that every person, including “homosexuals,” is of “sacred worth.” On the other, the United Methodist Church stubbornly rejects homosexuality as “incompatible” with Christian teaching–denying ordination and marriage to LGBT people, and defrocking their clergy who carry out same-sex marriage ceremonies, or who live openly as lesbian or gay people.
So, who stands guilty of Ben Wood’s death? The Youth Minister who was applying what he believed the teachings of his church on homosexuality to be? Ben’s so-called “friends” who one-by-one (under pressure from an adult leader, of course) abandoned Ben to shame and broken heartedness? The theologians and clergy of the church, who cannot seem to reconcile the love of God on the one hand, and social heterosexism and homophobia on the other? And what of Ben’s own responsibility to transcend the suffering of his youth–though this latter argument is little more than blaming a victim for his own demise?
Bens’ obituary says he was a genuine, complex, and worthwhile human being. The Winston-Salem Journal and Sentinel records that Ben “was a member of Sedge Garden United Methodist Church and was a Junior at UNC-Asheville. Ben had a kind and loving soul, with a great sense of humor. He was particularly compassionate to the needs and struggles of others more than himself and was a great journalist. To his younger sisters, Ben was a great big brother who shared lots of walks in the creeks and scavenger hunts with their stuffed animals.” The obituary goes on to say that three clergy spoke at his funeral, and that his own maternal grandfather was a clergyman. But Ben found so little hospitality and comfort from the churches around him and the clergy who served them that he could not and did not reach out to them in his darkest hours. So, a sensitive, socially conscious young man, who happened to be gay and Christian, took his own life.
Dr. Stephen V. Sprinkle, Professor of Practical Theology at Brite Divinity School, and a native North Carolinian himself, issues this opinion and prayer for other young LGBT persons: “The churches and their leadership have much to answer for in the deaths of young people like Ben Wood. While we may not be able to point to a smoking gun linking the suicide of young persons condemned by church teachings to the culpability of the churches, there is no doubt that Christian heterosexism and homophobia contribute to the climate that denigrates LGBTQ people and creates undue suffering in their lives. Indeed, there are progressive and welcoming churches and clergy, and for them we give thanks. But they are too few, and the silence of church people about the prejudice condemning LGBTQ folk is a major contributing factor in the horror of spiritual violence against them.”
Dr. Sprinkle concludes: “Let us be crystal clear about this: the heterosexism and homophobia Ben Wood experienced in his life is a Christian heresy–one the churches and clergy of every stripe must find the courage to repent of and repudiate. And we must do everything we can to make amends to youth like Ben, and to their families.”
Homophobic Death Threats Against Gay Seattle Mayor, Councilwoman Draw Hate Charges
Michael Munro Taylor, 32, accused of threatening to assassinate Seattle’s first openly gay Mayor.
Seattle, Washington – Openly gay Mayor Ed Murray and Councilwoman Kshama Sawant were targeted with a cascade of hate-filled, anti-gay messages on Facebook on January 14–just nine days after they were sworn into office in Seattle. Now, a Magnolia man stands accused of cyberstalking and hate crimes because of his alleged homophobic tirades and threats, according to Southern Poverty Law Center’s Hatewatch. SPLC reports that King County prosecutors charge Michael Munro Taylor, 32, with threatening the life of Mayor Murray, the city’s first openly gay mayor, and Sawant, an outspoken socialist, in a torrent of incriminating emails sent to the city officials.
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…
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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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