Gay Hate Crimes in Puerto Rico? Not Any More?

Police view the corpse of murdered gay Puerto Rican, Ezequiel Crespo Hernández, in April 2011 (EDGE photo).
San Juan, Puerto Rico – Puerto Rico’s lawmakers are poised to remove LGBT people from hate crimes protection status with the stroke of a pen. Although at least 18 LGBT Puerto Ricans have been murdered in hate crimes since 2009, Edge Boston reports that the territory’s Senate passed a bill last month removing LGBT people from protected categories under the hate crimes law that has been on the books since 2004. The exclusion effort now goes on to the House of Representatives for a vote this week in a special legislative session called by Gov. Luis Fortuño.
Outraged by the increasing number of anti-gay hate crimes, local LGBT activists demanded investigations in June. The Advocate reports that the grisly murder and dismemberment of Jorge Steven López Mercado, a gay teen, ignited the protests that officials were not investigating anti-gay violence under the territory’s hate crimes law. Recently, the strangulation of gay Ezequiel Crespo Hernández, 22, on a public beach in Camuy, and a gas station assault on transgender woman Francheska González so brutal that it punctured her breast implant, intensified the call for justice to be done. Three more LGBT Puerto Ricans, Alejandro Torres Torres, Karlota Gómez Sánchez and Ramón “Moncho” Salgado, were also found dead within a three-day period in June. “It seems they have declared open hunting season against lesbian, gay, bisexual, transgender and transsexual people,” Pedro Julio Serrano, founder of the gay rights group Puerto Rico for Everyone, said to the Associated Press. In response to rising criticism, Puerto Rico’s Attorney General directed an investigation into the application of the hate crimes law. Opponents of the LGBT community responded by quietly acting to remove queer folk from the penal code’s protection.
The penal code revision is drawing criticism from legislators and activists alike. The Advocate says Representative Héctor Ferrer and Sen. Eduardo Bhatia are among the most outspoken critics of the change. Ferrer, speaking at a press conference on Sunday, said, “To eliminate these groups as protected categories is to invite the commission of hate crimes in Puerto Rico. It is a setback in the country’s public policy.” Bhatia added his voice, saying, “In an advanced society, this is dangerous for society.” After the proposed amendment removing LGBTs from hate crimes protection, the only categories of persons who would be protected by the law in Puerto Rico would be political affiliation, age, and disability.
Activist Serrano told EDGE, “Basically they took out the communities hardest hit by hate crimes in Puerto Rico out of the hate crimes statute,” Serrano told EDGE, referring the LGBT community and Dominicans who come to the island for work. “It’s an outrage and now we’re calling upon the House to restore this to where it should be.” Protests and marches against the provision are planned this week throughout island. Serrano, referring to adversaries of the LGBT community, added, “They’re trying to do it under the radar and that’s how it went for a while. Under our watch, we’re not going to let this happen.”
Alleged Butcher of Richard Hernandez Wins Mistrial for Meds Excuse
Denton, Texas – For the second time in a history of delays and postponements, Richard Hernandez’s alleged murderer was ruled “incompetent to stand trial” on November 18 by a Denton County judge. Seth Winder, 31, was ruled unable to assist in his own defense by District Judge Bruce McFarling after an examination finding him either unmedicated for his diagnosed mental impairment, or insufficiently dosed, according to the Crime Blog of the Dallas Morning News. Winder exhibited nearly catatonic behavior during the third day of the trial–evidencing that he had received none of his prescribed drugs for his schizophrenia, or that he had been spitting out and hiding his nighttime dosages, perhaps for weeks before the trial began. No explanation was given for how Winder could have been considered fit for trial on November 16, but zombie-like two days later. Neither was there an explanation of how jailers and med staff at the Denton County Jail could have so woefully neglected to make sure their smart-though-impaired inmate took his meds as directed and actually swallowed them.
Instead of completing the trial process for the gruesome murder and dismemberment of the openly gay Dallasite, Winder was sent to the North Texas State Hospital in Vernon for treatment. The Dallas Observer speculates that Winder may not ever face trial again for the Silence-0f-the-Lambs-style butchery of 38-year-old Hernandez, whose body was never found–save for his internal organs left in the bathtub of his Far North Dallas apartment in September 2008. This marks a second instance that Winder was found unfit to stand trial because of mental issues, the first being in May 2009. Observer reporter Brantley Hargrove found legal opinion divided on whether the Colony resident will have another day in court. Winder’s Defense Attorney, Derek Adame, says he seriously doubts another trial will take place. Denton County Assistant District Attorney Cary Piel, however, believes Winder will face judge and jury again, probably in April 2012.
Winder stands accused of murdering Hernandez in the gay man’s apartment, though the reasons for their relationship remain murky. Both the Morning News and the Observer repeated the unproven allegation that the victim and his supposed killer were gay lovers. Hernandez’s best friend, Rudy Araiza, has staunchly denied the possibility that Winder and Hernandez were ever “lovers,” and makes that point again in a blog response to the Dallas Morning News allegation. “Richard and Seth were ‘Never’ boyfriends!” Araiza said. “I’m not sure why this newspaper is making that statement, I knew Richard for 22 years, I would know!” It may be another instance in which a grisly anti-gay hate crime is toned down for public consumption by partially blaming the victim for his own demise. Media around the country have a notorious record for succumbing to this sensationalist temptation. Investigators said they found pornographic pictures of Winder on the cell phone he lifted from the Hernandez apartment, though no proof has been offered of who took the images, or what they actually depict.
Although the murder weapon was never found, police did retrieve a sword stained with Hernandez’s blood in the tent where Winder was living. Detectives say that Winder used the sword to cut up the gay man’s body. The dismembered parts of the victim were probably disposed of in a nearby dumpster, and then buried under tons of garbage in a landfill, making the body impossible to locate. Winder’s use of Hernandez’s credit cards led police to arrest him. Witnesses placed Winder in Hernandez’s apartment complex at or near the time of the gay man’s disappearance. Forensics found that the blood stains on Winder’s clothing and shoes were a genetic match to the victim.
So, Seth Winder, either crazy like a fox, or a neglected patient (or both), has avoided the jury again. Meanwhile, Richard Hernandez, who in death cannot answer the innuendo against his character, receives no justice. The eerie quiet throughout North Texas surrounding this latest trial development in one of the most heinous crime cases in Dallas history seems to confirm that many have an investment in hushing the whole thing up. Which would not be the first time such a thing has happened in Texas when it comes to violence against the LGBTQ community.
Gay Baptist Preacher Calls on Churches to Repent of Anti-Gay Attitudes
Toledo, Ohio – An ordained gay Baptist minister has called upon churches to change their anti-gay attitudes and language. Dallas Baptist preacher and theologian, Dr. Stephen Sprinkle, speaking to a packed house at the University of Toledo last month, said that the notion Christianity and the Bible are considered irreconcilably anti-gay by many in contemporary churches is simply wrong. Citing Dr. Peter Gomes, the late chaplain of Harvard, Sprinkle said that the biblical teachings on hospitality to those who have been deliberately excluded by society, “the poor, the discriminated against, people of color, women, homosexuals, and all persons beyond the conventional definition of Western civilization,” is far more significant than the few misinterpreted Bible texts used to condemn LGBTQ people. Sprinkle went on to note that Christianity arose in the cosmopolitan world of the Greeks and the Romans, who in the main were tolerant of same-gender-loving people for much of the classical age. When taken as a whole, the early churches exhibited very little concern about what we today call “homosexuality.” “Homosexuality,” Sprinkle said, “is not mentioned in the Top Ten [Commandments], and is not in the message of any of the Prophets.”
The Republic reports that Sprinkle was invited to speak at a rally sponsored by Equality Toledo in response to the so-called “billboard wars” over LGBTQ acceptance in the Toledo church community. A progressive United Methodist congregation put up a large billboard on a well-traveled street in April proclaiming that “Gays Are a Gift From God.” An evangelical mega church responded by buying up space on nine huge billboards around the city rebutting the Methodist claim with the slogan “Gays Are NOT a Gift From God.” Sprinkle, a professor at Brite Divinity School in Fort Worth, and Theologian in Residence at Cathedral of Hope United Church of Christ, the largest LGBTQ predominant congregation in the world located in Dallas, is a widely-sought speaker and teacher. His most recent book, Unfinished Lives: Reviving the Memories of LGBTQ Hate Crimes Victims (Resource Publications, 2011), is an anthology of stories of people murdered for their sexual orientation and gender identity, most of whom were killed by people who claimed justification from the Bible and church teachings. He is the founder of the Unfinished Lives Project, and the web master of http://unfinishedlivesblog.com, a blog seeking to remember the victims of hate crimes violence in the United States.
McInerney Pleads Guilty to 2nd-Degree Murder for Executing Larry King
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.
Gay Murder/Dismemberment Trial Gets Underway Today in North Texas
Dallas, Texas – After three years of delays and postponements, the trial of the accused murderer of openly gay Richard Hernandez begins today. The Dallas Voice, doing great journalistic work on this difficult case, announced the story on November 10, quoting first assistant Denton County district attorney Jamie Beck on the trial delays, “Everybody wants a swifter and quicker justice, but you’ve got to do it right. Bottom line, we want justice, so if that means it takes a while, then so be it.”
The “Silence of the Lambs” style murder of 38-year-old Hernandez, an employee of Walmart, drew national press attention in September 2008 when the victim’s viscera but no body was discovered in an apartment in far North Dallas. When Hernandez, a conscientious employee, did not report for work, his friends prevailed on the apartment superintendent to open his residence, and what they found resembled a slaughterhouse. Copious amounts of blood spattered the walls. Hernandez’s body was never found, but tissue from it was left, dumped in the bathtub. Dallas Police acted quickly to track down the killer. True Crime reported that the DPD filed capital murder charges against Seth Winder, 29, a homeless man with a history of erratic behavior and mental illness, even though they did not have possession of a body in the case–only the third time in thirty years of police department history.
Winder was located because of credit card charges he made to Hernandez’s stolen cards after the murder date. Police apprehended Winder in a tent inThe Colony, where he was in possession of personal items of the victim and a bloody sword that may have been used in the dismemberment. The Dallas Voice reports the police conclusion that the killer disposed of the body in a trash dumpster which was emptied in a landfill, making Hernandez’s remains unrecoverable.
Winder’s competence to stand trial was hotly contested in the earlier days of the case. His father and stepmother told the press that their son was a schizophrenic who had once tried to strangle his own mother. Friends of Hernandez contended that Winder was just clever enough to play ill in order to avoid responsibility for the grisly murder. The whole stew was made nastier by the report of police investigators that they discovered a digital camera belonging to Hernandez with “pornographic images” of Winder. The victim’s friends and family vigorously denied the implication that Hernandez and Winder were in a sexual relationship. In the end, Winder was ruled incompetent to stand trial.
Hernandez’s mother will not be there today to see if justice will be done for her son. She died with the story unresolved, thanks in part to a strategy of delays put in place by Winder’s legal defense team, and to the untimely publication of a book on the murder authored by Winder’s own stepmother.
Now, after years of treatment, authorities say Seth Winder is able to face his day in court. Jury selection has begun, and barring other delays, three years of agonized waiting are about to conclude for Richard Hernandez’s friends and remaining family.
Texas Lesbian Gay Bashed in San Antonio
San Antonio, Texas – An out lesbian student from the University of Texas at San Antonio says that she was assaulted by two men calling her obscene, anti-LGBTQ epithets over Halloween weekend. Kristen Cooper told KENS 5 that the only thing the two men who attacked her knew about her prior to the assault was that she was a lesbian. “I just think it was a hate crime against me,” she sad, still shaken by the incident.
Cooper says she was waiting for a ride from a local Halloween Party when two men stopped their van, grabbed her, beat her while yelling slurs about her sexual orientation, and drove her some distance before they pushed her out and drove away. Cooper fought back against them, “full-fist,” probably putting up such resistance that her assailants decided it wasn’t worth the effort. She had no cell phone, so she walked a long distance before someone noticed her, stopped, and then called the police.
Cooper’s injuries were extensive: cuts, bruises, a contusion, a concussion, and whiplash. When asked how she was coping with the attack, Cooper said to KENS 5, “Just still in shock and I’m trying really hard not to cry, but nothing like this should happen to anybody.” The San Antonio Police are currently investigating the crime as an assault, with no word about whether they intend to classify the brutal beating as an anti-LGBTQ hate crime.
Detroit Trans Teen’s Remains Found Burned Near Interstate
Detroit, Michigan – The charred torso of a missing teen transwoman of color was identified this week in the Wayne County morgue where it had been stored for weeks, and left unidentified. The remains were collected near Interstate 94 on Detroit’s east side. Michele “Shelley” Hilliard, 19, was last seen on October 23 at 1:20 a.m., and was reported missing, according to the Detroit Free Press. Though her facial features and fingerprints were destroyed by fire, investigators were able to make a positive identification because of a distinctive tattoo depicting cherries inked into her upper right arm. Her mother, summoned by the Wayne County Examiners Office, also confirmed the identity of her child from the tattoo on the burnt remains. Police are now investigating Ms. Hilliard’s death as a homicide. There is no word about whether a transphobic hate crime is suspected by the authorities, but the disappearance coupled with the attempted immolation of the remains is a familiar signature of anti-trans hate crimes. Equality Michigan is aiding the Detroit Police Department in their investigation, according to CBS Detroit. Michigan’s hate crimes law does not include LGBTQ persons as protected classes, making it harder to compel law enforcement to regard violence against the queer community as hate crimes.
In little more than two weeks, three gay men, Steven Iorio from Pennsylvania, Burke Burnett of Texas, and Stuart Walker from Scotland were either attacked by homophobes wielding fire as a weapon, or had their remains immolated after death. Now the immolated remains of transgender Shelley Hilliard are discovered on a Detroit Interstate service road, raising the question of how often fire is employed as a weapon of transphobic/homophobic terror. As Philip M. Miner of the Center for Homicide Research points out for the Huffington Post, while between 600 and 700 people are killed by arson every year in the United States, fully 26 per cent of this total is from the gay and transgender community. Miner observes that the use of fire and arson as hate crimes weapons against the LGBTQ community is normally thoroughly planned out ahead of time. He writes: “Attacks involving arson are especially brutal. Meticulous care is taken in carrying them out. The violence is heaped on . . . [Anti-LGBTQ arson attacks] are wrought with meaning,” Miner continues. “The offender wants there to be no doubt that this violence was intentional. In the case of hate crimes, it’s a warning. This is what happens when you are gay. This is what these people get — what they deserve.”
Equality Michigan points out in its report on transgender hate violence, “During the first half of 2011, Equality Michigan received reports of 83 incidents of violence or intimidation targeting gay and transgender residents that are considered hate crimes under the [federal] Shepard-Byrd Act. However, because the statewide hate crime law is not comprehensive, incidents against gay and transgender Michiganders that are clearly motivated by anti-gay or anti-transgender bias are ignored as hate crimes.” As a case in point, advocates are watching the Hilliard case especially closely.
Michele “Shelley” Hilliard was nicknamed “Treasure.” The irony of her murder, a young transwoman who had courage enough to transition into the authentic person she truly was, is that only now do we begin to understand the treasure we have lost in her passing.
Breaking: Alleged East Texas Gay Bashers Charged with Hate Crimes
Paris, Texas – Three alleged gay bashers in the horrific Reno gay bashing case will face hate crimes enhancement charges, as reported by the Paris Times and the Dallas Voice. A Lamar County Grand Jury on Thursday indicted James Mitchell Lasater III, 31, of Paris, Micky Joe Smith, 25, of Brookston,and Daniel Shawn Martin, 33, of Paris with one count each of aggravated assault with a deadly weapon, and two counts each of aggravated assault causing serious bodily injury. Additionally, Lasater and Smith were charged as repeat offenders. Because aggravated assault is classified as a second-degree felony offense, the alleged offenders were eligible under the Texas Hate Crimes statute for hate crimes enhancements, and that is exactly what the grand jury elected to do. On October 30 in the early morning, 26-year-old Burke Burnett was savagely attacked by three suspects whom witnesses say were yelling anti-gay slurs as they beat Burnett senseless, stabbed and slashed his body with a broken beer bottle, and then heaved him bodily into a burning trash barrel. Burnett suffered stab wounds resulting in over 30 stitches, deep bruises and contusions, and second-degree burns over a good portion of his torso, legs, and arms.
The Dallas Voice broke the story with graphic photos of Burnett’s injuries embedded in the article, and the story took hold in national mainstream media. Burnett has been interview around the nation, as horror and interest increased in the story. Burnett told the Dallas Voice he is pleased with the course of the investigation, the arrests, and now with the efforts of the Lamar County District Attorney. WFAA Television reported Burnett came out when he was 15, and learned of the hate crime murder of Matthew Shepard, the University of Wyoming student slain in Laramie in 1998. “Matthew Shepard is one of the reasons I came out of the closet,” Burnett told WFAA. “I’m so glad my fate did not end up like his.” He has no doubt about why he was targeted for violence, since the trio knew his was gay. As he sat in a chair at a private Halloween party in Reno, a small town near Paris, Texas, the men attacked him from behind. Burnett said, “I ended up getting stabbed, burned and beaten pretty badly and I’m convinced they were trying to kill me.”
Since few hate crime attacks against Texans are actually charged under the state hate crimes law, the decision of law enforcement and the grand jury to go forward with hate crimes charges against Burnett’s alleged bashers is significant. Since “sexual preference” was included as a protected category in the state statute in 2001, better than 2500 hate crimes have been committed, by fewer than twelve have actually been charged as such. Now that the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act became federal law in 2009, allowing the Department of Justice and the FBI to involve themselves in investigating and prosecuting anti-LGBT hate crimes around the nation, Texas officials seem to have felt pressure to act more transparently and boldly on hate crimes cases in the Lone Star State.
Illinois Teen Sentenced for Gay Bashing
Yorkville, Illinois- An 18-year-old man was sentenced by an Illinois court to two years in prison for his role in a violent attack upon a gay man. Marquitte West was found guilty of hate crime related to sexual orientation for participating in a gang attack against 29-year-old gay man Bryce Stiff in June 2010. Both men are from Oswego, Illinois, a city of 30,000 in the northern part of the state. Two other Oswego men, Jabari Tuggles and Robert Franklin, are being held in prison awaiting their trials for the same offense. A third man is still being sought by the police.
Stiff suffered severe injuries in the attack, leaving him with nerve damage to his face, and a lip so harmed that he has required reconstructive surgery. He has lingering psychological problems since the savage assault, as well. In a letter to the court prior to West’s sentencing, Stiff wrote, “I used to be a happy, caring and loving person who would do anything to help anyone. I was happy about me being gay … but now I’m filled with so much bitterness, hatred and I’m very depressed. I don’t like leaving my home. I don’t like doing things that excite me anymore. I feel like everyone is out to get me.”
According to Chicago Pride, West will serve out his sentence in conjunction with a theft charge. He is required by the court to pay his victim’s medical costs. The Kendall County District Attorney told Chicago Pride that this is the first hate crimes prosecution he can recall in county history.










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. 

