Unfinished Lives

Remembering LGBT Hate Crime Victims

Austin Becoming Unsafe for Gays: Bashing on 4th Street

Bobby Beltran, bashed for giving his friend a hug.

Austin, Texas – In an apparent gay bashing, a leading gay activist and his male friend were attacked on December 26 outside Austin’s popular nightclub, Rain. Bobby Beltran reported to the Dallas Voice that he and Christopher Ortega had just shared a parting hug outside the club at approximately 1:30 a.m., when a white sedan filled with five angry men stopped in the street shouting homophobic slurs at the couple. Beltran, who helped organize this year’s Queer Bomb in Austin, says that one of the men in the automobile shouted, “Fucking faggots! Cut out that queer shit!” According to On Top Magazine, Beltran yelled back, “That stuff’s not welcome here in Austin. We don’t accept that.” The quintet rushed out of the car, surrounded Beltran and Ortega, and assaulted them with punches, yells, and kicks. The gay men tried to fight off their attackers, and the violence lasted for three of four minutes until one of the assailants warned that police were coming. The attackers were described as two black men, two Latinos, and one white man. Beltran suffered cuts, bruises, and a wounded eye.  Ortega suffered a major blow to the jaw that may have broken it. According to the gay men, somewhere between 20 and 30 onlookers witnessed that attack, but none of them lifted a finger to help. In the melee, Beltran shouted out the number of the license plate belonging to the white sedan, but no one bothered to write it down, and he cannot remember it after the fact. The non-responsiveness of the crowd (some of them gay), and the lukewarm response of the Austin Police to the brazen assault, has the LGBTQ community in Austin worried about the safety of a city that was until recently considered gay-friendly. Ortega told local NBC reporters from KXAN, “The response [of the police] was like ‘Sorry guys. We’ll give you a report number. We’ll never catch these guys.’”  Beltran said to The Horn, a University of Texas Independent news outlet, “I’ve never in my life been in any kind of violent situation, especially a hate crime, so it’s been pretty traumatic.” Beltran continued. “Austin is supposed to be a gay haven, especially on 4th Street. What scares me even more is that nobody even helped. I’m so afraid to go back down there.” FBI statistics show Austin leads the state of Texas in reported anti-gay attacks for medium-sized cities. Beltran says the hate crime attack on Ortega and himself is the third such violent incident in the capital city this year. In February 2010, for example, two male team members from the Shady Ladies Softball Club were assaulted near the Austin City Hall. The attack on the gay athletes sparked a downtown March Against Hate last March. Beltran posted a photo of his injuries on the web (see above), and commented, “I’m just trying to get the word out there that this is going on in Austin, and it’s not safe right now. To find out that [gay bashing] is here in Austin on 4th Street, and knowing that fellow gay men were not doing anything about it, is just shocking.”

December 29, 2010 Posted by | African Americans, Anglo Americans, Anti-LGBT hate crime, Austin Police Department, Beatings and battery, FBI, gay bashing, gay men, harassment, Hate Crime Statistics, Hate Crimes, Heterosexism and homophobia, Latinos, Law and Order, Perpetrators of Hate Crime, Protests and Demonstrations, Slurs and epithets, Stomping and Kicking Violence, Texas, Unsolved LGBT Crimes | , , , , , , , , , , , , , , , , , , | Comments Off on Austin Becoming Unsafe for Gays: Bashing on 4th Street

Alleged Murderer of Transgender Woman to Stand Trial in Puerto Rico

Emmanuel Ayala (PrimeraHora.com photo)

Bayamón, Puerto Rico – A psychologist has informed the court in Bayamón that the alleged murderer of a popular transgender hair stylist is sane, and fit to stand trial for her murder.  EDGE reports that Emmanuel Adorno Ayala, 22, allegedly stabbed Ashley Santiago 14 times inside her Corozal, Puerto Rico home on April 19.  Santiago, 31, something of a local celebrity, was found dead, stripped naked in a large pool of blood in the kitchen of her home by police officers.  At the time of her murder, Pedro Julio Serrano, leading LGBTQ rights activist in Puerto Rico, urged authorities to investigate the homicide as a hate crime.  Transphobia has not been publicly established as a motive for the crime, but Serrano and other activists are monitoring developments closely.  Gender presentation and gender identity have become major media issues in Puerto Rico since the brutal murder of Jorge Steven López Mercado in November 2009 outside Cayey.  Mercado, a gay teen who presented femininely, was tortured, decapitated, and partially immolated by Juan A. Martínez Matos.  Matos was convicted of López Mercado’s grisly murder in May after confessing the murder, and was sentenced to 99 years in prison.  Much of the controversy swirling around anti-LGBTQ hate crimes in the United States territory is due to the official refusal to investigate and prosecute crimes under existing hate crimes laws.  Puerto Rico has hate crime law includes both sexual orientation and gender identity. Though the statutes took effect in 2002, prosecutors are reluctant to invoke it in obvious cases such as López Mercado’s and Santiago’s.

November 22, 2010 Posted by | anti-LGBT hate crime murder, Decapitation and dismemberment, gay teens, Hate Crimes, Heterosexism and homophobia, immolation, Latino and Latina Americans, Latinos, Law and Order, Legislation, Media Issues, Perpetrators of Hate Crime, Puerto Rico, Slashing attacks, Social Justice Advocacy, stabbings, Torture and Mutilation, transgender persons, transphobia | , , , , , , , , , , , , , , | Comments Off on Alleged Murderer of Transgender Woman to Stand Trial in Puerto Rico

Fort Worth Pulls in its Horns: Charges Against Rainbow Lounge Raid Victims Dropped

Police and TABC subdue Chad Gibson during Rainbow Lounge Raid (Chuck Potter cell phone photo)

Fort Worth, Texas – Dallas Voice reports that charges against all the victims of the Fort Worth Police and TABC Raid against the Rainbow Lounge have been dropped by the city.  The infamous Raid took place on June 28, 2009, the 40th anniversary of an eerily similar bar bashing that took place at the Stonewall Inn in New York City’s Greenwich Village.  To recap: Officers of the Fort Worth Police and the Texas Alcoholic Beverage Commission raided the newly-opened Rainbow Lounge, intimidating patrons, arresting men on charges of intoxication, and arresting Chad Gibson on a charge of assault against an officer.  Gibson was seriously wounded by arresting officers who slammed him to the concrete, and caused a brain hemorrhage.  Gibson has subsequently recovered.  The raiders contended that Gibson “groped” an officer in the course of the arrest.  While the TABC acted to discipline its officers, firing some of them for breaking policy during the raid, the Fort Worth Police have never admitted any wrong-doing in an incident that gave Fort Worth bad press throughout the nation and the world for colossal insensitivity at the very least, and, in the eyes of many, outright police brutality.  Chief Halstead of the FWPD made homophobic remarks that boomeranged on him and the city in the wake of the raid.  Dallas and Fort Worth LGBTQ communities protested the raid, drawing media attention for weeks.  In February, eight months after the raid, the city of Fort Worth pressed charges and scheduled trials for the gay men arrested that night.  Now, in a 180 degree reversal of direction, all charges against the Rainbow Lounge Raid Five have been dropped.  Jason Lamers, official spokesperson for the city of Fort Worth, issued this statement to the press: “The Class C misdemeanor charges from the Rainbow Lounge against George Armstrong, Dylan Brown, Chad Gibson and Jose Macias were dismissed yesterday by the city. As it is our official policy not to discuss municipal court prosecutions or litigation, the city will have no further comment.” The public intoxication charges against Armstrong, Brown, Macias, and Gibson were dropped, as well as the assault charge lodged against Gibson.  While something less than a full vindication of the victims of the raid, the action of the city amounts to an admission that the charges and the raid were without merit and were unjustified in the first place.  Fairness Fort Worth, Queer LiberAction, and many more activist groups which protested the raid have been proven right by this retreat on the part of the city.  “The Fort Worth Way,” the behind-the-scenes management of the city of Fort Worth by an oligarchic group of landed gentry and wealthy families, can also claim some degree of victory in this action, as well.  The FWPD never admitted wrong-doing, Mayor Mike Moncrief, a scion of one of the city’s leading families, never apologized, and political cover remains intact for the way the raid was handled.  But this abrupt decision, to drop all charges against men who were enjoying a summer night on the town in a gay bar, signals that Cowtown has gotten the message from the LGBTQ citizenry of North Texas: they will not tolerate bullying and oppression anymore.  In a Texas-style stare-down, the queer community did not blink–Cowtown did.

November 20, 2010 Posted by | Anglo Americans, Anti-LGBT hate crime, Beatings and battery, Blame the victim, Fort Worth Police Department, gay men, harassment, Heterosexism and homophobia, Latino and Latina Americans, Latinos, Law and Order, police brutality, Protests and Demonstrations, Rainbow Lounge Raid, Social Justice Advocacy, Stonewall Inn, Texas, Texas Alcoholic Beverage Commission | , , , , , , , , , , , , , , | 1 Comment

Anti-Gay Murder, Texas Style: Pearland Teen Bludgeoned to Death, Then Burned

Joshua Wilkerson, 18, bludgeoned to death and partially burned

Pearland, Texas – Joshua Wilkerson, 18, missing for 24 hours after leaving a Pearland school, was found deceased, his body partially immolated in an overgrown field off a desolate stretch of road in Fort Bend County.  Hermilio Moralez, 19, was charged Thursday with the murder, according to a report in the Dallas Voice.  Moralez confessed that he hit Wilkerson with a large wooden rod until “he didn’t move anymore.”  Then Moralez said that he loaded up the corpse, drove the victim’s truck down to Fort Bend County, and attempted to burn the body.  After torching Wilkerson’s remains, Moralez drove to a strip mall where he dumped Wilkerson’s shoes and backpack in a trash receptacle.  When law enforcement officers discovered Wilkerson’s partially burned body, they found his hands and feet bound.  Investigators also found a large amount of blood on the patio of Moralez’s home, and a large, bloody wooded rod nearby.  The youths had been acquaintances at school for over five years, and at the time of the murder were classmates at the Pace Institute, an alternative education school.  Wilkerson had offered Moralez a ride home from Pace, as school sources say he often did.  The only account of a motive for the murder is from Moralez, who contends that Wilkerson “made a pass” at the older teen, which sparked the fight leading to the murder.  ABC News 13 reports that Moralez was apprehended as he suspiciously hung around Wilkerson’s abandoned vehicle.  At the time of his arrest, Moralez refused to give his full name or address to police.  “The things that he said weren’t adding up,” said Pearland Police Officer Lt. Onesimo Lopez. “He gave the officers some false information and the decision was made at that time to take him into custody for failure to identify.”  Under interrogation, Moralez admitted the murder, and lead the authorities to the overgrown roadside where he attempted to burn Wilkerson’s body.  ABC News 13 also reports that Moralez attempted to grab a police officer’s pistol as he led the law enforcement officers into the area where the charred remains of his victim lay.  As of this writing, Moralez is being held in a Pearland jail on $30,000 bond for the weapon offense.  There has not yet been any bond placed on Moralez for the murder charge.  While hate crimes charges have not been made in the case, which is still under investigation, the sexually charged allegations of the suspect, and his well-known homophobic attitude toward gay people make anti-gay hatred a possible motive for the homicide.  Texas has a hate crime statute on the books including sexual orientation as a protected class, but police have been resistant to invoking the law, and conservative district attorneys have avoided using the hate crimes act in their prosecutions.  A bill is pending in the Texas Legislature to mandate the use of the hate crimes law in cases such as this one, where homophobia is a possible motive.  Wilkerson’s family has expressed thanks to searchers and law enforcement for the swift way the search was carried out.  Pearland Independent School District released this statement to the press:  “Pearland Independent School District has learned that a missing student has been found dead.  PACE Center student Joshua Wilkerson disappeared after school on Tuesday, Nov. 16. The Pearland Police Department and Texas Equusearch volunteers launched a search in Pearland after Wilkerson’s parents reported his disappearance. The search ended when investigators discovered a body overnight believed to be Wilkerson. PACE Center is providing counselors to speak with students and staff today and as long as needed. Pearland ISD offers its deepest sympathy to Wilkerson’s family.  ‘We will all miss Joshua. He was a polite, dedicated student. At school, he worked hard to accomplish his tasks, and each day he left with the same resolve to conquer any challenge that lay ahead,’ Julia Hall, PACE Center principal, said.” KHOU News 11 reports that members of Wilkerson’s family contend that Joshua was not gay.  Officials now suspect that Moralez may have not acted alone, since someone put up a bogus Facebook page claiming to be Wilkerson after the time Moralez was taken into custody.

November 20, 2010 Posted by | Anglo Americans, anti-LGBT hate crime murder, Beatings and battery, Blame the victim, Bludgeoning, gay teens, harassment, Hate Crimes, Heterosexism and homophobia, immolation, Latino and Latina Americans, Latinos, Law and Order, Legislation, Mistaken as LGBT, Perpetrators of Hate Crime, Texas | , , , , , , , , , , , , , , , | Comments Off on Anti-Gay Murder, Texas Style: Pearland Teen Bludgeoned to Death, Then Burned

Second Sentence in NY Hate Crime Murder: Phoenix Gets 37 Years to Life

Keith Phoenix (l) in court

Brooklyn, NY – Keith Phoenix won’t be on the street again for a long time: 37 years to life, for the brutal hate murder of José Suchuzhañay in December 2008.  Phoenix wielded an aluminum baseball bat at the Ecuadorian immigrant’s head.  In a later remark to police, Phoenix exhibited the callous attitude behind the murder: “So I killed a guy,” he said. “Does that make me a bad person?”  The jury convicted him in early August of a hate crime as well as of murder, taking into account the defendant’s homophobic and anti-Hispanic remarks at the time of the slaying.  His accomplice, Hakim Scott, received a 37 year sentence earlier in the year for his role in the attack and murder.  The murder of Suchuzhañay enflamed the LGBTQ community and ignited an international outcry.  Suchuzhañay had lived in the United States for over a decade, and was a legal resident.  Though the victim was not gay, his assailants believed he was–another in a long line of incidents demonstrating the lethal potential still at work against the LGBTQ population in America.  The Ecuadorian community in the United States has expressed some satisfaction with the verdicts against their countryman’s slayers, and has called for continued vigilance as immigrants are targeted for discrimination and harm.  Diego Suchuzhañay, José’s brother, said to CNN, “Our brother wanted to make history when he died, and he did already. We should be proud of him. The way he died, we should be proud of him.”

August 14, 2010 Posted by | African Americans, anti-LGBT hate crime murder, Beatings and battery, Blame the victim, Bludgeoning, Ecuador, harassment, Hate Crimes, Heterosexism and homophobia, Latino and Latina Americans, Latinos, Law and Order, Mistaken as LGBT, New York, Perpetrators of Hate Crime, Racism, Slurs and epithets, Social Justice Advocacy | , , , , , , , , , , , , , , | Comments Off on Second Sentence in NY Hate Crime Murder: Phoenix Gets 37 Years to Life

Gays Murdered at 2nd Highest Level in a Decade

New York, New York – Anti-gay hate crime murders reported for 2009 spiked up to the second highest level in a decade, according to the recent Hate Crimes Statistics Report of the National Coalition of Anti-Violence Programs (NCAVP). The press release in its entirety may be found here.  22 murders of LGBT people were reported by law enforcement agencies around the nation last year. Communities of color and transgender persons were the hardest hit, a grim trend to watch carefully in the coming months.  79% of anti-gay murder victims were people of color, and the majority of them were transgender women.  The vast majority of attackers were men (77%) and were strangers to the victims they attacked (40%).  Community United Against Violence’s Maria Carolina Morales noted in a conference call with the Bay Area Reporter that there continues to be “severe and persistent violence” against LGBTQ communities.”  Ms. Morales, based in San Francisco, emphasized that “people of color, transgender women, and others continue to be disproportionately targeted for violence.” The report of the NCAVP shows that the highest incidence of physical attacks against LGBTQ people took place in October 2009 to coincide with the passage of Federal Hate Crimes legislation, the James Byrd, Jr. and Matthew Shepard Hate Crimes Prevention Act.  The heightened media profile of the gay community is thought to account for the spike in numbers. As the press release states, there is a troubling correlation between “increased visibility and increased vulnerability.” Another alarming finding is that though the total of 2009 anti-gay hate crimes reports has dropped around 12% over the previous year, the NCAVP believes this does not mean that the actual numbers of physical bias attacks lessened last year.  The drop took place because of cut-backs in funding to support reporting at the state and local levels.  Lisa Gilmore of Community United Against Violence, a San Francisco-based organization reporting in this year’s findings, told the Bay Area Reporter, “During the past year, NCAVP member organizations lost crucial staff and programming in the wake of the [national] fiscal crisis…We believe that this drastically limited the ability of LGBTQ people to report violence and access support.”  The NCAVP report made several recommendations for the coming year, including restoring funding to local, state and federal anti-violence programs, community-initiated efforts, and deliberate and consistent inclusion of LGBTQ people in research studies.

July 17, 2010 Posted by | African Americans, Anti-LGBT hate crime, anti-LGBT hate crime murder, Bisexual persons, gay men, gay teens, Hate Crime Statistics, Hate Crimes, hate crimes prevention, Heterosexism and homophobia, Latino and Latina Americans, Latinos, Law and Order, Legislation, Lesbian women, Matthew Shepard Act, National Coalition of Anti-Violence Programs (NCAVP), New York, Perpetrators of Hate Crime, Social Justice Advocacy, transgender persons, transphobia | , , , , , , , , , , , , , , , , | Comments Off on Gays Murdered at 2nd Highest Level in a Decade

Ball Bat Killer Guilty of Murder As A Hate Crime in Brooklyn

Keith Phoenix Found Guilty

Brooklyn, NY – Just seven hours after the jury was sequestered on Monday, José Sucuzhañay’s prime attacker, Keith Phoenix, was found guilty of second-degree murder as a hate crime.  When he is sentenced on August 5, Phoenix will face a possible 25 years to life in prison for his role in bludgeoning Sucuzhañay to death with an aluminum baseball bat on December 7, 2008 in the Bushwick section of Brooklyn.  City officials and the Sucuzhañay family expressed relief and satisfaction with the verdict.  The first trial was aborted when a holdout juror refused to co-operate with the process, alarming both the immigrant rights and LGBTQ communities that Phoenix might squeak through the legal system with little or no punishment for one of the most brutal hate crimes in recent New York history.  Phoenix’s accomplice, Hakim Scott, was found guilt of manslaughter and aggravated assault on May 6, but escaped the hate crime enhancement when the jury set aside the charge. The Scott decision drew a storm of criticism, so the eyes of many were focussed on what the jury would do in the Phoenix case.  As reported by the NY Post, José’s brother, Diego Sucuzhañay, standing at the corner of Bushwick Avenue and Kossuth Place, now renamed “Sucuzhañay Place” in memory of his brother, congratulated the jury for its work. “We were afraid we would not get justice. The first time the mistrial and our family had to go through this process, this painful process. But we wanted justice for the death of our brother,” he said, with his other brother Romel standing beside him.  Also quoted in the Post, Brooklyn District Attorney Charles Hynes said, “Just hours after this horrible tragedy, I came to this location and I pledged that the people who did this horrible thing to Jose would be found be convicted and the only way they would come out of prison would be in a box.  I’m here today to reaffirm that,” the D.A. concluded. For his part, Phoenix, 30, who had not expressed any remorse for what he did, was taken aback by the verdict, according to the Gay City Times.  “I think he’s kind of surprised by this result,” Philip J. Smallman, Phoenix’s attorney, said of his client, following the announcement of the verdict.  Phoenix never entertained the thought that he would be convicted of a hate crime.  Smallman has declared that he intends to appeal the verdict on Phoenix’s behalf.  Because Scott and Phoenix targeted José and Romel for being “Spanish” and “faggots” as they huddled together against the Brooklyn winter, the case drew together two unusual groups of allies, immigrants’ rights advocates and LGBTQ human rights activists.  Though the Sucuzhañay brothers are heterosexual, mistaking their sexual orientation as gay has helped sensitize the Latino/a community to the shared sense of injustice experienced by LGBT people in the United States and Ecuador.

June 30, 2010 Posted by | African Americans, anti-LGBT hate crime murder, Beatings and battery, Bludgeoning, Brooklyn, Ecuador, harassment, Hate Crimes, Heterosexism and homophobia, Latino and Latina Americans, Latinos, Law and Order, Mistaken as LGBT, New York, Perpetrators of Hate Crime, Racism, Slurs and epithets, Social Justice Advocacy | , , , , , , , , , , , , , , | Comments Off on Ball Bat Killer Guilty of Murder As A Hate Crime in Brooklyn

Hate Crime Murder Trial Resumes in Brooklyn

Keith Phoenix: "So I killed a man? Does that make me a bad person?"

Brooklyn, NY – Keith Phoenix, alleged murderer of Ecuadoran immigrant José Sucuzhañay, is in a Brooklyn court again after a mistrial.  Phoenix and his co-attacker, Hakim Scott, took offense at José and his brother, Romel, as they walked arm-in-arm on a freezing night in December 2008.  Hurling epithets at the Ecuadorans for being Hispanic and “gay” (in fact, neither of the brothers are gay), Scott assaulted José with a beer bottle, and Phoenix allegedly delivered the coup de grace with an aluminum baseball bat.  Scott received a sentence in the Spring for manslaughter, escaping hate crimes charges.  When a juror in Phoenix’s first trial refused to continue, the judge in Brooklyn Supreme Court declared a mistrial.  There seems little doubt that Phoenix is guilty.  A toll booth camera caught the pair of assailants smiling and laughing as they fled the scene of the crime.  Witnesses stand ready to testify again that the bat attack was so brutal and bloody the taxi driver witness had to avert his eyes from the scene.  And Phoenix himself seems to be doing all he can to get himself convicted, too.  In a confession taken by a detective at Phoenix’s arrest recorded the defendant as asking, “So I killed somebody. Does that make me a bad person?”  Well, yes, as a matter of fact, it does, in the opinion of the Unfinished Lives Project Team.  Critics of how the courts in Brooklyn have been handling this case look to the Phoenix trial as a way of redressing what appears to be a severe disrespect for Latin American immigrants and LGBT people.  The main defense Phoenix is mounting is that too much alcohol led him to do what he did.  He has yet to show any remorse for his actions.  Keith’s attorney has suggested that his client feared that the victim might have a weapon in his waistband, and that José was the one who started the fight.  When José M. Arrufat Gracia, the lawyer for the Sucuzhañay family heard these allegations, he said, “We definitely believe those allegations are insulting to the victims, alleging that the perpetrators were acting in self-defense.”  Perhaps a prison term of decades will assist him to develop the self-restraint he could not exercize two years ago when he bludgeoned an innocent man to death, and the remorse for a hate crime he seems incapable of understanding today.

June 27, 2010 Posted by | anti-LGBT hate crime murder, Beatings and battery, Blame the victim, Bludgeoning, Brooklyn, Ecuador, harassment, Hate Crimes, Heterosexism and homophobia, Latino and Latina Americans, Latinos, Law and Order, Mistaken as LGBT, New York, Perpetrators of Hate Crime, Slurs and epithets | , , , , , , , , , , , , , | Comments Off on Hate Crime Murder Trial Resumes in Brooklyn

Ball Bat Attackers Immune from Hate Crimes Charges?: Authorities Backpedal on Anti-Gay Violence

Big Stick Combat photo

Dallas, TX – What does a midnight assault on two Dallas gay men Friday have in common with a December 2008 fatal attack on two Latinos mistaken as gay in Brooklyn, New York?  Two things: first, both attacks were carried out by homophobes yelling anti-gay slurs as they swung baseball bats at the heads of their victims; and second, police in both cases classified neither assault as an anti-hate crime. What gives? What does it take to get officers of the law to prosecute hate crimes under existing hate crime statutes? While Dallas and Brooklyn are 1370 miles distant from each other and worlds apart culturally, they both have law enforcement resistant to investigate crimes against gay men as bias-motivated.  The 2008 Brooklyn murder of José Sucuzhañay serves as an eerily familiar backdrop to the current Dallas attack on Kyle Steven Wear and his friend Alex. Like Dallasites Kyle and Alex, the Ecuadoran immigrant brothers José and Romel were walking together down the street in the wee hours of the night.  The Brooklyn crime was carried out by two assailants swinging a broken beer bottle and an aluminum baseball bat, yelling anti-gay and anti-hispanic epithets.  Trials in the Sucuzhañay case are proceeding right now in Brooklyn, where Hakim Scott has just been convicted of first-degree manslaughter, and his accomplice, Keith Phoenix, awaits an new court date since the New York judge dismissed all hate crimes charges and declared a mistrial because of a juror in the first Phoenix trial who refused to participate any further.  The Brooklyn ball bat attack left José lingering five days in a coma from a broken skull before he died.  The consensus of the supporters of Sucuzhañay family, outraged city officials, and the metropolitan New York media is that this ugly, brutal attack took place because Scott and Phoenix targeted two Hispanic men whom they mistook for gay because they didn’t like the way they looked.  Wear and his friend Alex (last name still unreleased) were much more fortunate.  As they walked along in the southwestern part of the Cedar Springs gay entertainment district in Dallas, “the gayborhood,” headed for the bars, four assailants only identified as Latinos wearing white tee-shirts, blindsided the pair shouting “Faggots, give us your fucking wallets!” according to WFAA News. Wear told WFAA on camera that he was knocked unconscious and his jaw was broken by one of the attackers swinging a ball bat.  His friend, Alex, reported that he feared for his life as the homophobes forced him to the ground.  The Dallas Police are refusing to classify the case as a hate crime, contending instead that the motive was to rob the gay men.  But Alex isn’t buying it.  He told Jonathan Betz of WFAA, “I still feel like that was why we were targeted in the first place, because we are gay. It was like it was funny to them.”  John Wright of the Dallas Voice is outraged that the authorities have resisted investigating the Dallas ball bat assault as an anti-gay bias crime.  In a May 16 post for the Dallas Voice blog, Instant Tea, he writes, “Despite the fact that the suspects yelled anti-gay slurs as they beat the victims with baseball bats, Dallas police have not classified the incident as a hate crime, which is an outrage.”  Wright points out that Jimmy Lee Dean was nearly beaten and stomped to death in the same general neighborhood by two homophobic attackers in July 2008.  Wright then shows that regardless of the refusal of Dallas law authorities to enforce Texas hate crimes law, federal hate crimes protections should kick in.  The James Byrd, Jr. and Matthew Shepard Hate Crimes Prevention Act of 2009 classifies a hate crime as motivated in whole or in part by anti-LGBT bias. One major determining criterion of an anti-gay hate crime for the FBI is the use of epithets as the perpetrators carried out the crime.  Anti-LGBT hate crimes are like the rest of life: seldom pure and simple.  Other motives often accompany hate violence against gays, lesbians, and transgender persons: robbery, drugs, racism and sexism, to name a few.  But homophobia and heterosexism, like a sinister bass line in a libretto, thread throughout all anti-LGBT hate crimes cases, targeting people who are assumed to be inferior, impure, and abominable because of their perceived sexuality.  In Dallas and in Brooklyn, it seems baseball bats and anti-gay epithets are not enough to launch hate crimes prosecutions.  Are anti-gay sluggers simply immune in Texas and New York? Again we ask, What does it take to get officers of the law to prosecute hate crimes under existing hate crime statutes? It takes an outcry from LGBT people and their allies so that law enforcement will not be permitted to backpedal on hate crimes against members of the sexual minority without a stink being raised to high heaven. If police and prosecutors are unfamiliar with what LGBT bias crimes are, they are responsible to educate themselves. If they are being intentionally obstructionist, then the mayor and the city council need to replace them with officials who will carry out the law.

May 17, 2010 Posted by | Anglo Americans, Anti-LGBT hate crime, anti-LGBT hate crime murder, Beatings and battery, bi-phobia, Bisexual persons, Bludgeoning, Brooklyn, Ecuador, FBI, gay men, Hate Crimes, Latino and Latina Americans, Latinos, Law and Order, Legislation, Lesbian women, Matthew Shepard Act, Mistaken as LGBT, New York, Perpetrators of Hate Crime, Racism, Slurs and epithets, Social Justice Advocacy, Stomping and Kicking Violence, Texas, transgender persons, transphobia, Uncategorized, Unsolved LGBT Crimes | , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Ball Bat Attackers Immune from Hate Crimes Charges?: Authorities Backpedal on Anti-Gay Violence

Outrageous Verdict in the Sucuzhañay Hate Murder Case; Con Escapes Life Sentence

Keith Phoenix (l) and Hakim Scott (r) - NYPD mugshots

Brooklyn, NY – Testimony in Brooklyn’s Supreme Court corroborated Romel Sucuzhañay’s contention, that two young men attacked him and his brother, José Sucuzhañay, wielding a broken beer bottle and an aluminum base ball bat, screaming anti-Latino and anti-gay slurs.  The assault left José with a broken skull.  The Ecuadoran immigrant, 31 years old, living in the Bushwick section of Brooklyn, lingered in a coma for five days, dying just before his mother got to his bedside from Ecuador.  Any reasonable person would call that a hate crime.  Not the Brooklyn jury, however.  They bought the defense line, that Hakim Scott, 26, was caught up in an unfortunate “escalating fight.”  It did not seem to matter that a the prosecution established that Scott, who broke his beer bottle over José’s head before menacing Romel with the jagged glass, had dazed José to the point that his accomplice, Keith Phoenix, had an easy target as he lethally swung his bat.  On May 6, the jury found Scott guilty, not of first or second degree murder and hate crime, but first degree manslaughter, allowing him to escape a life sentence for snuffing out an innocent man’s life.  Scott and Phoenix didn’t like the Sucuzhañay brothers because they were Hispanic, and they appeared to be gay.  While Scott will face a possible 40 years in prison for his manslaughter conviction when he is sentenced on June 9, it is hard not to say that there was a travesty of justice in this case.  Now, because a juror refused to hear any more testimony in the Phoenix case, Judge Patricia Dimango has declared a mistrial, and the Sucuzhañay family and their supporters will have to wait further agonizing weeks to learn whether the 31-year-old  ball bat perp will escape the full force of the law, too.  Latinos, especially Ecuadorans, are outraged by the verdict.  So are LGBT people.  And justice has not been done for José Sucuzhañay.  It seems that living at the intersection of two discriminations is very dangerous place to be in America.

May 12, 2010 Posted by | African Americans, anti-LGBT hate crime murder, Beatings and battery, Bludgeoning, Brooklyn, Ecuador, harassment, Hate Crimes, Heterosexism and homophobia, Latino and Latina Americans, Latinos, Law and Order, Mistaken as LGBT, New York, Perpetrators of Hate Crime, Racism, Slurs and epithets, Uncategorized | , , , , , , , , , , , , , | Comments Off on Outrageous Verdict in the Sucuzhañay Hate Murder Case; Con Escapes Life Sentence