Transgender Woman of Color Murdered in Possible Hate Crime
Brandy Martell, 37, transgender woman shot to death in Downtown Oakland.
Oakland, California – As 37-year-old transgender woman Brandy Martell sat behind the wheel of her car early Sunday morning, the men who were talking with her shot her to death. ABC7 reports that two other women in the car with Ms. Martell say the two men who attacked her had approached the car for a conversation. The witnesses told News 7 that the conversation turned angry, and one of the men drew his weapon and shot into the car.
Many in the East Bay progressive community say that the murder was an anti-transgender hate crime. Oakland Occupy Patriarchy, and affiliate of Occupy Oakland, reports that the killer had “become enraged and shot her when he realized she was trans.” A vigil in memory of Ms. Martell was held Sunday night for her grief-stricken friends and the Oakland transgender and transsexual community. SF Weekly reports that one attendee, Holly Fogelbach, expressed the feelings at the vigil in an email message. “This morning,” she wrote, “I can’t shake the pain of what I saw, not for me but for that family and for those friends and for the people who make their living on those corners and will be out there again tonight while Brandi’s [sic] blood is still drying on the pavement.”
Ms. Martell recently worked as an outreach worker for the Tri-City Health Center in Fremont, an agency specializing in assistance to members of the gender variant community. She and her friends were out on the town, having a good time together when the savage attack occurred, according to ABC 7. One of the occupants of the car who declined to be identified because the killer and his accomplice are not yet in custody, strongly refuted any suggestion that Ms. Martell and her friends were “engaged in the sex trade” or were doing anything other than enjoying each other’s company in Downtown Oakland. “Everyone who is out late is not doing something wrong, you know,” she said. Another friend of Ms. Martell, Tiffany Woods, said, “When you don’t provide a space in society for people who you think are the other or different, especially transgender women, especially transgender women of color, when you don’t provide spaces for them to be in a safe environment or a safe space, whether it’s socializing or services, this is what happens.”
Police are not yet investigating this case as a hate crime. No one has been arrested and charged for the shooting as of this writing. Because of the slow pace of mainstream media coverage of this story, many in the transgender community of the East Bay are left feeling “nobody cares.”
Transgender Woman of Color Murdered in Chicago
Paige Clay, transgender woman shot to death in Chicago (Brian Turner photo)
Chicago, Illinois – A young transgender woman of color was found shot in the head in the West Garfield Park area of Chicago. Paige Clay, 23, was found dead in an alley in the early morning hours of April 16, according to the Windy City Times. No one has been arrested in connection with her murder. Police are still actively investigating the brutal shooting.
Members of the Chicago LGBTQ support community and participants in the Chicago Ball scene who knew and loved Ms. Clay identified the body for authorities. Mina Ross, Ms. Clay’s “ball mother” deeply mourns her protegé’s passing. Ms. Ross describes Ms. Clay as “rambunctious,” beautiful, hard to get to know at first, but a strongly loyal friend to those who took the time to get behind Ms. Clay’s self-protective exterior. Ms. Ross told reporters that Ms. Clay was just beginning to find herself. “She grew into a beautiful, beautiful young woman,” Ms. Ross said. “I was so devastated by this [loss] .”
Ms. Clay was becoming a significant presence on the Chicago Ball scene, where her runway work, her innovative sense of style and fashion, and her charismatic persona were winning her friends and winning competitions. She had even begun to win out-of-state competitions, according to Ms. Ross. But she was also targeted by discrimination and violence according to her friends, as are so many transgender women of color in the Windy City and around the nation.
She had grown up in tough circumstances with little family support. At an early age, Ms. Clay had found LGBTQ support services, and was a well-known client for many years. In recent years, she had found steady jobs with McDonald’s and Wendy’s restaurants, as well as Fashion 21. She had managed to secure her own apartment, a matter of considerable pride for her. Most importantly, she had attracted a large queer family of choice, one that is coming to her defense in the press, and clamoring for police action to solve her savage murder. Since few family members remained in touch with Ms. Clay, friends and ball scene associates stepped in to stand vigil over her memory while officials searched for next-of-kin to receive her remains. Funeral arrangements are pending.
The Center on Halsted, where Ms. Clay had become a familiar presence through the years, issued a statement to the press concerning her murder, according to the Examiner. Chief Executive Officer of the Center, Modesto Tico Valle, said, “Though we do not have all the details, this news is extremely disturbing, especially as severe violence against transgender women is all too common. Transgender women face some of the highest rates of violence and abuse in our nation. This is the third reported murder of a transgender woman in the U.S. in April alone. We must work together to create more safety in our world for all people, especially those most targeted.”
A “Justice for Paige” Facebook site has been opened for the express purpose of gathering information on the murder, and to insure that “ANOTHER ONE OF OURS JUST WON’ T BE SWEPT UNDER THE RUG,” as the site creators say.
Transgender Woman Savagely Murdered in Detroit
East Detroit kill site where trans woman Coko Williams was brutally murdered (Detroit Free Press photo)
Detroit, Michigan – A 35-year-old trans woman was found murdered outside a Parkhurst neighborhood home on Tuesday morning. Because of the reputation of the area, and the stigma associating transgender women with sex workers, the killing of Coko Williams is being lost in the struggle of a neighborhood to survive. Ms. Williams was found with her throat slashed and shot to death around 6:25 a.m. Tuesday in an area of East Detroit habituated by male and female prostitutes–one that could be justifiably described as “gritty.” WWJ, the local CBS affiliate, reports that details are still emerging at this hour, but witnesses told police that the killers sped from the crime scene in a gold-colored vehicle. No suspects have been identified at this time.
News coverage, like that done by Fox News 2, has been slanted toward the determination of Parkhurst residents to eliminate prostitution, drug sales, and violence from their area. Ms. Williams’ murder simply serves Fox as an example of the problems residents face. The Examiner presents Ms. Williams as a “man dressed as a woman,” showing the victim’s self-identification as inconsequential in an otherwise sensational story. Both news sources illustrate the massive difficulty transgender people face overcoming the biased stereotypes that demean trans people everywhere, and denigrate the characters of trans victims of violence, such as Ms. Williams.
Coko Williams was well-known and well-liked, according to the Trans Women’s Anti-Violence Program. A friend of Ms. Williams who identified herself as Dada told TWAVP that she had known Ms. Williams for fifteen years. Though she was “a loner,” Ms. Dada said, “She was really a sweet, quiet girl. She was never shady or nasty. She wasn’t that type of girl at all. She was always respectful of herself and to other people. It’s sad for her to go out the way she did.” Her friends told authorities that supported herself as a hair stylist.
Equality Michigan’s Director of Victim Services, Nursrat Ventimiglia, issued an extensive statement to the press, combatting the disinformation surrounding Ms. Williams’ hate crime murder, and calling upon the Detroit Police to apprehend her killers with all possible speed. “It has been widely reported,” Ventimiglia said, “that the area in which this crime occurred is known for sex work. To be clear, it is unknown at this time whether Ms. Williams was engaged in sex work at the time of her killing, however, it is clear that sex workers are often targets of severe violence. Further, transgender women are far too often victims of the most severe violence.”
Ventimiglia then detailed the crisis of transgender violence rocking Detroit and the nation: “Our most recent report through the National Coalition of Anti-Violence Programs, Hate Violence Against Lesbian, Gay, Bisexual, Transgender, Queer and HIV-Affected Communities in the United States in 2010, documented 27 anti gay, transgender and HIV positive murders, the second highest yearly total ever recorded by the coalition, and transgender women made up 44% of the 27 reported murders in 2010 while representing only 11% of total survivors and victims. Among transgender murder victims, 42% of transgender women killed last year were engaged in sex work at the time of their murder. Equality Michigan and the NCAVP denounce violence against sex workers and seek to raise awareness of the violence faced by gay and transgender sex workers as well as transgender women.”
The investigation is ongoing.
Gay Man Shot at DC IHOP; Female Suspect Arrested for Possible Hate Crime
24-hr. IHOP Restaurant in Columbia Heights where a gay man was gunned down in a possible hate crime March 11.
Columbia Heights, District of Columbia – Metro Police announced Monday that a woman has been arrested for the shooting of a gay man in a local IHOP restaurant. DC Police Chief Cathy L. Lanier and DC Mayor Vincent Gray told reporters that LaShawn Carson, 27, resident of the District, has been arrested for the March 11 shooting in what is being called an anti-gay hate crime. The Washington Times reports that investigating officers say anti-gay epithets were used by the suspect during the attack, leading police to investigate the shooting as a possible hate crime. Two groups of customers engaged in a disturbance at approximately 6:30 a.m. on the 11th at the Columbia Heights IHOP leading to blows being exchanged and water glasses being thrown. Carson was hit in the face in the altercation, backed away, and then opened fire inside the restaurant, yelling epithets at her victim, according to CBS DC. The victim survived, but still has a bullet lodged in his liver.
DC Council Member for District 1, Democrat Jim Blair, commenting on Carson’s arrest, said, “What a relief this is. This was a horrendous hate crime that singled someone out on the perception they were part of a particular group.” The suspect was arraigned on Monday, and will have a preliminary hearing on Thursday. Until authorities can determine if they wish to charge Carson with a hate crime, she is being held without bond. At present, she has been charged with aggravated assault while armed. A surveillance video confirmed who fired the shot. Other persons have been identified in the video, but at no one else has been arrested in connection with the possible hate shooting. Officials are assuring the public that this incident has no relationship with the rash of physical violence against DC gays, lesbians, and transgender persons.
McInerney Pleads Guilty to 2nd-Degree Murder for Executing Larry King
Brandon McInerney executed his gay classmate in February 2008.
Ventura County, California – The teen killer of a gay classmate has pleaded guilty second-degree murder. Brandon McInerney, 17, 14-years-old at the time he pulled the trigger, shot gay 15-year-old Larry King in the back of the head execution-style at E.O Green Middle School in Oxnard, California in February 2008 before the eyes of his first-period classmates. The facts of the case are undisputed. Rising behind his victim, McInerney pumped two rounds into the back of Larry King’s skull, fulfilling a threat he made to a girlfriend at school the day before. McInerney will receive a 21-year sentence for a crime that many say bears all the hallmarks of a pre-meditated, first-degree hate crime murder.
In September of this year, a mistrial was declared after two months of testimony, due to the inability of the jury to come to a decision about the guilt of young McInerney. Prosecutors had argued for first-degree murder, based on the established pre-meditation and the heinous nature of the crime. Under California law, a 14-year-old may be tried as an adult, and McInerney, who confessed to the murder seemed to fit the statute’s requirements. Prosecutors claimed that because of McInerney’s antipathy toward King’s sexual orientation and gender expression, and because of white supremacist loyalties the killer clearly embraced, the murder was a clear-cut case of anti-LGBT hate crime. Defense turned the tables on the prosecution, putting the dead victim on trial instead of their client. They resurrected the infamous “gay panic/trans panic” defense, drumming their contention into the jurors’ minds that King was the prime aggressor, pressing his flamboyant sexuality toward McInerney until he “snapped.” Enough of the jury bought the ploy that the jury hung. Had the first-degree charge been upheld, the defendant would have received 53 years for his crime.
The Advocate reports that formal sentencing will take place for McInerney on December 19. Twenty-one years in prison is a long time for McInerney to consider that every day he lives is another he stole from a gay classmate because of his discomfort with a person who was different. For the LGBTQ community, the specter of the “gay panic defense,” like a hungry ghost, lingers on, given new energy by this plea deal.
Larry King’s Killer to be Retried in California; Hate Charges Dropped
Brandon McInerney to be retried for the murder of gay classmate, Larry King
Ventura County, California – Prosecutors announced on Wednesday they would retry teen Brandon McInerney for the execution-style murder of his gay classmate, Lawrence Fobes “Larry” King in adult court. This time, however, all hate crimes charges are being dropped. Maeve Fox, chief prosecutor in the case, said that the trial would begin on November 21 in Ventura County Superior Court. KABC in Los Angeles reports that defense attorneys for McInterney hope the case will be settled by plea bargain before the trial begins.
A mistrial was declared on September 2 when the nine-woman, three man jury in Chatsworth could not agree on a verdict. Some jurors have contended that McInerney, who was 14 at the time of the shooting, should never have been tried as an adult. They also have said they were not convinced by the prosecution that white supremacist, anti-gay prejudice led McInerney to kill his gender variant classmate, whom McInerney knew as “the little fag.” The defense successfully used a version of the outworn “gay panic defense” to switch sympathies of the jury and the public in the case, putting Larry King’s dress and habits on trial at least as much as the criminal act of their client, the brutal in-class shooting. Defense has consistently denied using the gay panic defense, and just has consistently employed it to insinuate that their client’s actions were mitigated by the intimidation he felt coming from a smaller, bullied gay teen.
In order to get a conviction, the prosecution has deleted all hate crimes charges, raising the ire of LGBTQ rights advocates around the nation. Once again, a courtroom in Southern California will be the arena for the validity of the gay panic defense in the most notorious anti-gay hate crime since the murder of Matthew Shepard in 1998.
Anti-Gay Rapist Sought by New York City Police
Suspect Julius "Stinky" Wright (NYPD photo)
Brooklyn, New York – “Stinky” is as “Stinky” does (allegedly, at least). The New York Police Department is searching for suspected hate crime perpetrator, Julius “Stinky” Wright, 21, for a sexual assault in the Bedford-Stuyvesant district on a 24-year-old Hispanic male. The Advocate reports that Wright confronted the Hispanic around 3 a.m. on September 5 with a fake firearm, and demanded to know his sexual orientation. Wright then allegedly cursed the Hispanic with homophobic slurs, and berated him for being weak. Social justice advocates report that the assailant then brutally sodomized his victim. The New York Daily News posted that the suspect stole his victim’s cell phone, and ran from the scene. The victim was transported to Woodhull Medical Center where he was treated for his injuries, and was later released.
City Council Member Al Vann who represents the district where the crime occurred was joined in a statement by Brooklyn Borough President Marty Markowitz, and New York City Council Speaker Christine Quinn: “We are disgusted and horrified to hear about this incident. Hate crimes hurt everyone, and any act of violence against one member of the LGBT community is an act of violence against us all. Too often we hear about acts of violence committed against LGBT people in our city. We must put an end to the intolerance that breeds this hatred. New York City prides itself on diversity and acceptance of all its residents and this act goes against the very fiber of what our city stands for.”
The NYPD is asking anyone with information about the whereabouts of Wright to contact them immediately at 1-800-577-TIPS.
Don’t Ask, Don’t Tell is History: We Must Not Forget Its Cost
Washington, D.C. – Today marks the advent of full repeal of Don’t Ask, Don’t Tell, the 1993 law making gay and lesbian servicemembers liable for discharge if they admitted their sexual orientation. While there will be celebrations and night watch parties throughout the nation marking this historic day in the struggle for LGBTQ equality, we cannot afford to forget the terrible cost anti-gay discrimination has wrought in the Armed Forces of the United States. So, today, we lift up the lives and patriotic service of four gay men who died because of the ignorance and bigotry of other servicemembers, and the systemic bigotry of the services themselves which at best permitted these murders, and at worst encouraged them.
Seaman August Provost of Houston, Texas, was shot to death on duty in a Camp Pendleton guard shack, and his remains were burned to erase the evidence of the deed on June 30, 2009 in San Diego, California. He had recently complained to his family that a fellow servicemember was harassing him because of his sexual orientation. He feared speaking with his superiors about the harassment because of the threat of discharge due to DADT. His partner in life, Kaether Cordero of Houston, said, “People who he was friends with, I knew that they knew. He didn’t care that they knew. He trusted them.” Seaman Provost joined the Navy in 2008 to gain benefits to finish school, where he was studying to become an architectural engineer.
Private First Class Michael Scott Goucher, a veteran of the Iraq War, was murdered near his home in East Stroudsburg, Pennsylvania, on February 4, 2009 by an assailant who stabbed him at least twenty times. Known locally as “Mike on a Bike” by neighbors and friends, Goucher was an assistant organist for a congregation of the United Church of Christ, and Captain of the neighborhood Crime Watch. He also was a selectively closeted gay man, hiding his sexual orientation from his community. Goucher survived deployment in Iraq, only to meet death at the hands of homophobes back home.
Private First Class Barry Winchell of Kansas City, Missouri, was bludgeoned to death with a baseball bat as he slept in his barracks by a member of his unit at Fort Campbell, Kentucky on July 6, 1999. Winchell had fallen in love with a transgender woman, Calpurnia Adams, who lived in Nashville, Tennessee. In the fallout from his murder, President Bill Clinton ordered a review of DADT, which resulted in the addition of a “Don’t Harass” amendment to the policy, but little else. The Servicemembers Legal Defense Network, who represented Winchell’s parents in litigation with the U.S. Army, demanded to know who in the upper ranks of Fort Campbell knew of the murder and its subsequent cover up. The commandant of the fort was promoted over the objections of many human rights advocates. Winchell’s story has been immortalized by the 2003 film, “Soldier’s Girl.”
Petty Officer Third Class Allen R. Schindler Jr. of Chicago Heights, Illinois was murdered on October 27, 1992 in a public toilet on base in Sasebo, Nagasaki Prefecture, Japan. His killer was a shipmate who despised Schindler for being gay. He had been outed while on board the U.S.S. Belleau Wood, and was supposedly under the protection of his superiors until he could be separated from the service. Schindler had called his mother to tell her to expect him home by Christmas. Instead, the Navy shipped his savaged remains home to Chicago Heights before Thanksgiving. The only way family members could identify his remains was by a tattoo of the U.S.S. Midway on his forearm. Otherwise, he was beaten so brutally that his uncle, sister, and mother could not tell he was their boy. Schindler’s murder was presented as a reason DADT should never have been enacted, but authorities in Washington brushed his story aside and enacted the ban against gays in the military anyway. Schindler’s story is told at length in Unfinished Lives: Reviving the Memories of LGBTQ Hate Crimes Victims, authored by the founder of the Unfinished Lives Project, Dr. Stephen Sprinkle.
We at Unfinished Lives celebrate the repeal of DADT tonight with thanksgiving for the courage of lesbian and gay servicemembers who chose to serve their country in the military though their country chose not to honor them. More than 13,500 women and men were drummed out of the service under DADT. But in addition to the thousands who faced discharge and shame, we cannot forget, we must not forget, the brave souls who died at the hands of irrational hatred and ignorance–the outworking of a blatantly discriminatory policy that never should have blighted the annals of American history. The four lives we remember here are representative of hundreds, perhaps thousands more, whose stories demonstrate the lengths to which institutions and governments will go to preserve homophobia and heterosexism. We will remember with thanksgiving our gay and lesbian dead, for to forget them would be to contribute to the ills wrought by DADT.
Off Duty D.C. Policeman Fires into Transwomen’s Car, Injuring Three
Officer Kenneth Furr appears in court to answer charges of shooting into transgender women's car (Bill Hennessy drawing).
Washington, D. C. – A veteran D.C. cop has been arrested for allegedly pumping five shots into a car occupied by transgender women. Three people were wounded by the gunfire. The five occupants of the vehicle included three transgender women, and two male friends. The officer, 47-year-old Kenneth Furr, is a 21-year veteran of the Metropolitan Police. He is being held pending a hearing.
The shooting incident was sparked by a confrontation at a CVS Pharmacy on 4th and Massachusetts Avenue early on the morning of August 26. According to court documents, Furr approached one of the transwomen, soliciting her for sex. After she refused, she and her companions got in their car and drove away. Details are contested at this point in the story, but the most often discussed account is as follows: Furr was angered by the refusal, and raced in his vehicle to head them off. Furr blocked the path of the victims’ car with his Cadillac, pointing his gun at the driver, who ducked as his car collided with the parked Cadillac. Officer Furr then leaped on the hood of their Chrysler 300, and shouted “I’m ‘a gonna kill all of you!” as he fired his weapon five times through the Chrysler’s windshield. Two transwomen were wounded, and one of their friends, according to reports from NBC Washington. The front-seat passenger suffered multiple gunshot wounds, though none of them were determined to be “life-threatening,” according to a police report.
Other Metro Police responded to the sound of the car crash and the shots. The police report says that they found the off-duty officer standing on the hood of the victim’s vehicle with his pistol out. They ordered him to drop the weapon. Furr is charged with assault with a dangerous weapon, and driving while intoxicated. His blood alcohol content was in excess of 0.15, determined by a breath test.
Police were quick to issue a statement to the press on Friday morning: “Preliminary investigation reveals a confrontation occurred involving an off-duty officer and five other individuals, some of which are members of the transgender community. The officer discharged a handgun and one person was shot and sustained non-life threatening injuries.” The police statement goes on to say, “Two other individuals involved in the incident sustained injuries which are also non-life threatening. The nature of those injuries is under investigation to determine their cause.”
Reaction from the transgender activist community was also swift. The Washington Blade reports that D.C. Mayor Vincent Gray, “shocked” by the incident, joined local LGBT activists on Friday to express concern and solidarity for the victims, and for the transgender community of the District. A series of violent attacks on transgender women,especially transgender women of color, have plagued the District for two years. Relations between the Metropolitan Police and the transgender community have been strained by perceptions that the MPD has not served or protected the community well. The actions of Officer Furr have further aggravated the troubles, with some transgender activists openly declaring that they expect nothing to change with the police, no matter what they do. Mayor Gray issued a statement praising the LGBT community, and saying, “I am deeply troubled by the apparent circumstances surrounding this incident and await the results of a full MPD investigation. These are serious charges, and they are particularly disturbing to have been brought against one who is sworn to protect and serve.” Leaders from Transgender Health Empowerment and the D.C. Trans Coalition have pledged to help the police with the investigation.
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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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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Unfinished Lives 
Hate Crimes and Capital Punishment: A Special Comment
Lawrence Russell Brewer, on the day he was booked for the murder of James Byrd Jr.
Huntsville, Texas – On September 21 at 6:11 p.m., before witnesses whom included his hate crime victim’s family and his own, Lawrence Russell Brewer, 44, was injected with lethal drugs in the execution chamber of Huntsville Prison. Ten minutes later, he was pronounced dead. Sentenced to death for the 1998 dragging murder of James Byrd Jr., there was no doubt about the convict’s guilt. Brewer and two accomplices, John William King and Shawn Allen Berry, abducted Byrd, a 49-year-old African American, in Jasper, Texas, beat him, bound him with a log chain attached to the backend of a pickup truck, and dragged him three miles down a rough East Texas road until his head was detached from his body when it hit a culvert. The racially-motivated murder made the nation shudder–and marked a decisive moment in the hate crime justice movement for LGBTQ people as well as for African Americans. But the justice of capital punishment for hate crime murders is still up for serious question, even after the execution of a bigoted man who displayed no remorse for his crime. Brewer had even urinated on Byrd before dragging him to his death.
In Texas, the racist murder of James Byrd Jr. was quickly equated with the anti-gay murder of young Matthew Wayne Shepard in Laramie, Wyoming, that occurred barely four months later. After abortive attempts to get a state hate crimes statute naming gays and lesbians as a protected class, the Byrd family agreed to sign on with Shepard’s family to achieve a landmark Texas law including African Americans and LGB persons as protected classes from prejudicial murder. Governor Rick Perry, who today is the notably anti-gay Republican front runner for President, signed the James Byrd Jr. Hate Crimes Act into law back in May 2001, inclusive of “sexual preference” as a protected category. It took the federal government eight more years to enact a comprehensive hate crimes law inclusive of LGBT people in the United States. The James Byrd Jr. and Matthew Shepard Hate Crimes Prevention Act, also known as the Matthew Shepard Act, was signed into law by President Obama in October 2009. The families of Matthew Shepard and James Byrd Jr. were honored guests at the presidential signing ceremony in the White House.
Can state-sanctioned execution remedy anti-gay or racially motivated hate crime murders? Brewer’s death by lethal injection, in the same week as the hotly contested execution of Troy Davis in Georgia, brought that issue to a head for the national media, human and civil rights activists, moral theologians, and the families of victims alike. Lawrence O’Donnell, MSNBC anchor of “The Last Word,” opined that the only way to prevent the execution of putatively innocent death row inmates like Davis is to outlaw the execution of even the most unrepentant of guilty killers like Brewer. Dick Gregory, the fabled comedian and human rights activist, was present in Huntsville protesting the execution of James Byrd Jr.’s murderer for just that reason. The Houston Chronicle quotes Gregory as saying, “Any state killing is wrong. If Adolph Hitler were to be executed,” he said, “I would be here to protest . . . I believe life in prison is punishment. Execution is revenge.”
Ross Byrd, James Byrd’s son, who is now 32, spoke out to Reuters the night before Brewer’s execution for the murder of his father. “You can’t fight murder with murder,” Byrd said, representing his family. “Life in prison would have been fine. I know he can’t hurt my daddy anymore. I wish the state would take in mind that this isn’t what we want.” The Reuters article concludes by presenting Ross Byrd’s position that for the state to execute Brewer is no more that a continuation of the cycle of violence that destroyed his father’s life on that lonely road in the dead of night in 1998. Byrd believes that all people, the government included, should decide not to perpetuate that cycle of death. “Everybody’s in that position,” he said. “And I hope they will stand back and look at it before they go down that road of hate. Like Ghandi said, an eye for an eye, and the whole world will go blind.”
Dennis Shepard, Matthew Shepard’s father, took a similar position on the day his son’s second killer was sentenced to two consecutive life terms in prison. Speaking to Aaron James McKinney, the roofer who beat Matt into a fatal coma with a pistol, Shepard said that Matt was not opposed to the death penalty. As a matter of fact, at a family meeting, Matt had said that heinous murders like the dragging death of James Byrd Jr. deserved capital punishment. “Mr. McKinney,” Shepard said, “I, too, believe in the death penalty. I would like nothing better than to see you die, Mr. McKinney. However, this is the time to begin the healing process. To show mercy to someone who refused to show any mercy. To use this as the first step in my own closure about losing Matt. Mr. McKinney, I am not doing this because of your family. I am definitely not doing this because of the crass and unwarranted pressures put on by the religious community. If anything, that hardens my resolve to see you die. Mr. McKinney, I’m going to grant you life, as hard as that is for me to do, because of Matthew.” Shepard concluded, “Mr. McKinney, I give you life in the memory of one who no longer lives. May you have a long life, and may you thank Matthew every day for it.”
Admittedly, all other hate crimes victims’ families do not necessarily agree with Mr. Byrd and Mr. Shepard. Some support capital punishment as justice for the heinous nature of the crimes committed against their loved ones. But Lawrence Russell Brewer’s Texas execution is not so cut and dried as the most ardent supporters of capital punishment would like to believe. The world is far grayer than any black-and-white wishes for closure can achieve in a culture where bigotry kills innocent people everyday, and where the state can and does execute anyone it deems legal to terminate. What is right and what is wrong about capital punishment for hate crimes murder perpetrators? What is just for the victims and their families, and for the society the killers have also grievously wounded by their deeds of hatred? We at the Unfinished Lives Project do not claim to have the final truth about these monumental issues. But we do agree with Ross Byrd and Dennis Shepard. Until our fallible knowledge is replaced by the divine in some other world than this and some other time than ours, we will err on the side of mercy. Honor the dead. Break the cycle. Stop the killing.
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September 27, 2011 Posted by unfinishedlives | African Americans, Anglo Americans, anti-LGBT hate crime murder, Bisexual persons, capital punishment, Dragging murders, Execution, gay bashing, gay men, Georgia, GLBTQ, gun violence, Hate Crimes, hate crimes prevention, Heterosexism and homophobia, Law and Order, Legislation, Lesbian women, LGBTQ, Matthew Shepard Act, Perpetrators of Hate Crime, President Barack Obama, Racism, Social Justice Advocacy, Special Comments, Texas, transgender persons, Wyoming | African Americans, Anglo Americans, anti-LGBT hate crime murder, Bisexual people, capital punishment, Dick Gregory, Dragging murders, execution, gay bashing, gay men, GLBTQ, gun violence, Hate Crimes, hate crimes legislation, Heterosexism and homophobia, James Byrd Jr., James Byrd Jr. and Matthew Shepard Hate Crimes Prevention Act, Law and Order, Lesbians, LGBTQ, Matthew Shepard Act, perpetrators, racism, Social Justice Advocacy, Texas, transgender persons, transphobia, Washington D.C., Wyoming | Comments Off on Hate Crimes and Capital Punishment: A Special Comment