Gay Murder/Dismemberment Trial Gets Underway Today in North Texas
Richard Hernandez, victim, and Seth Winder, the accused (l to r; Dallas Voice image)
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
Kristen Cooper, Bashed for Being Lesbian (KENS 5 photo)
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
Michele "Shelley" Hilliard, 19, had to be ID'ed by a tattoo on her upper arm.
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
Burke Burnett, gay bashing victim, shows bandaged burns and cuts (Advocate photo)
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.
Unfinished Lives Project Director Honored Nationally
Honoree Stephen V. Sprinkle (Phoebe Sexton photo for Cathedral of Hope)
Naming him among activist “trailblazers” who have knocked down barriers to LGBT equality, Queerty.com honored Unfinished Lives Project Founder and Director, Dr. Stephen V. Sprinkle as one of “6 LGBT Seniors You Should Know” in the United States. As the capstone to Queerty’s celebration of LGBT History Month, the editorial team decided to honor LGBT activists who had dedicated their lives and work to bringing full equality for LGBTQ people.
Dr. Sprinkle was cited for his work in organized religion, as a pioneer gay scholar at Brite Divinity School in Fort Worth, Texas, and for his efforts in anti-LGBTQ hate crimes education and prevention. In response to the news, Dr. Sprinkle said, “I am moved by this honor, naming me among such a distinguished group of LGBT seniors. Gray is good! I also want to lift up the multitudes of queer folk whose labors every day for justice go largely unseen and unsung. In their names, I accept this honor from Queerty.” Also named were West Hollywood, California psychologist and Radical Faerie co-founder Don Kilhefner; groundbreaking Chicago, Illinois activist Vernita Gray; New York City LGBT activist Jay Kallio; and Davis, California Marriage Equality champions Shelly Bailes and Ellen Pontiac, who were among the first LGBT couples to be legally married in the Golden State.
2 Arrested in Savage Gay Bashing Case in East Texas: Breaking News
James "Tray" Lasater III, and Daniel Martin (l to r; Lamar County Sheriff's Department photo)
Reno, Texas – Two local men were arrested this morning for the barbaric beating and burning of a gay man at a party in Reno, Texas this past Sunday. Dallas Voice broke the story this morning, reporting that Reno Police Chief Jeff W. Sugg announced the arrests of James “Tray” Laster III, 31, and Daniel Martin, 33, for their role in one of the most savage anti-gay attacks in recent East Texas history. 26 year old Burke Burnett was slashed on his forearm and his back with a broken beer bottle, he was punched and beaten, and then heaved into a burning metal barrel in the early morning hours of October 30. Narrowly escaping with his life, thanks to the action of girlfriends on the scene, Burnett was given over 30 stitches to close the wounds, and his second-degree burns were treated. But the psychological trauma of the attack will take much longer to heal.
Burnett and his friends say they have no doubt that homophobia fueled the assault. The assailants shouted gross obscenities and anti-gay epithets as they pressed their attack against Burnett. But whether the men will be prosecuted under the state’s hate crime statute is in doubt. The main charges lodged against the suspects, aggravated assault with a deadly weapon, and aggravated assault inflicting serious bodily injury, area first degree felonies that could carry a sentence of five to 99 years, if the men are convicted. But the Texas hate crime law, though it does include “sexual preference” as a category, will not offer a sentence enhancement if the crime is determined to be a first degree felony. The Dallas Voice opined yesterday that it was unlikely that the hate crime charge would be pressed in this case, though that call remains with the Lamar County District Attorney Gary Young. LGBT activists and allies across the state have been critical of how rarely the Texas hate crime statute is invoked in cases of anti-LGBTQ violence as seemingly clear as this one. As of the 2010 Texas Department of Public Safety statistical report on hate crimes in the Lone Star State, over 2500 bias crimes have been reported since the law was enacted in 2001, while only 11 had been prosecuted, as reported by KXAN.
Gay Texan Savagely Attacked with Broken Beer Bottle, Then Thrown in Fire
Burke Burnett, hate crime victim (Dallas Voice image)
Reno, Texas – A gay man attending a private party in Reno, a town near Paris, Texas, was brutally attacked with a broken bottle and then thrown bodily into a flaming fire barrel on Sunday because he was gay. The Dallas Voice broke the story, quoting 26-year-old victim Burke Burnett as saying on Monday, “They knew I was gay. I’m convinced they were trying to kill me.” Burnett told John Wright of the Voice. Four men shouting epithets like “gay bitch,” “cock-sucking punk,” and “pussy-ass faggot,” lunged at Burnett, stabbing him with a broken beer bottle, beating him, and then heaving him into the fire. Burnett was rushed by girlfriends to a hospital in Sulphur Springs, about 30 miles away. He suffered contusions, bruises, and second degree burns. The slashes with the broken bottle required over 30 stitches.
The Reno Police Department played down the attack to the press, saying little more than that the case was still under investigation. Burnett told the Voice that officers on the scene told him that the crime was going to be classified as bias-driven, but that the assailants, whose identities are known, could take more than two weeks before their arrests. Another local source said that Reno police were considering lowering the degree of the offenses to misdemeanors since they took place during a party. Meanwhile, Burnett is hoping that his injuries do not disable him or prove to be permanent.
Burnett credits his girlfriends with preventing his injuries from being much worse, They slowed down his attackers long enough for him to escape to a parked vehicle. Then, they took him to the hospital for treatment. The New Civil Rights Movement echoes the Dallas Voice, reporting that none of the other 20 party-goers attempted to stop the attack.
Gender, Sexuality, and Justice Initiative Launched in the Southwest
Rev. Dr. Joretta Marshall, Director of the Carpenter Initiative at Brite Divinity School
Fort Worth, Texas – Brite Divinity School, on the campus of Texas Christian University, launched a ground-breaking program set on changing the role of theological higher education in the human rights struggle in the Southwestern United States. At Chapel on Tuesday, Rev. Dr. Joretta Marshall, Professor of Pastoral Theology and Pastoral Counseling, preached to inaugurate the Carpenter Initiative on Gender, Sexuality, and Justice, made possible by a grant of $250,000 over five years by The E. Rhodes and Leona B. Carpenter Foundation. Dr. Marshall headed the effort to gain the grant from the Carpenter Foundation, which is the leading grantor of funding for sexuality, gender, and justice concerns in the nation. She has been named the Director of the Carpenter Initiative in addition to her professorial duties.
The Rev. Ann B. Day, daughter of the originators of the Carpenter Foundation and an ordained minister of the United Church of Christ, was instrumental in reviewing Brite’s proposal, and advising the foundation to make the grant. The Disciples News Service reported that “the Carpenter Initiative will not only help cover the salary costs of the faculty member who directs the program, but will also support courses at Brite that address these issues, and fund programmatic initiatives in the wider community.” These programmatic initiatives will engage matters of human rights, articulation of a public theology of full inclusion in the faith community of those marginalized because of gender, gender variance, and sexual orientation, and the development of resources local congregations and denominational offices need to move their membership toward long-lasting acceptance of gay, lesbian, bisexual and transgender people.
Dr. Stephen Sprinkle, a member of the Brite faculty and Director of the Unfinished Lives Project, said, “This initiative is the next vital step in Brite’s ‘coming out’ process as a center for the full inclusion of all God’s children, especially those who have formerly been shunned by churches, synagogues, and mosques because of their actual or perceived sexual difference.” Over the course of several years, Dr. Marshall and Dr. Sprinkle, together with allies in the faculty, staff, board of trustees, and alumni of the school, have worked for the full inclusion of the LGBTQ community, along with the commitments Brite has also made to Black Church studies, Asian/Korean Church studies, and Latina/o Church studies. By vote of the Board of Trustees, Brite has officially acted to welcome students, faculty and staff regardless of sexual orientation, gender identity, and/or gender expression, making it unique in the Southwestern United States. The roots of Brite’s shift toward this progressive stance reach back at least to 1992, when administration opened married student housing on the campus to partnered same-sex couples, and to the hiring of the first openly gay faculty member in 1994.
At a community conversation held immediately after the inauguration service, members of the Brite community voiced a whole bevy of vibrant ideas about the directions the Carpenter Initiative could take, including an institution-wide process to become Open and Affirming, a center for civil discourse on issues of human rights in North Texas, resources on homosexuality and the Bible, a history project to record and preserve the story of the LGBTQ movement on both the Brite and TCU campuses, and a think-tank to delve into the sources of violence and fear in American religious life. Brite’s Office of Advancement is actively seeking support for the expansion of Brite’s developing leadership in public theology and social justice.
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.
About
If you are a first-time visitor to the Unfinished Lives Project website, we invite you to read A Welcome Message introducing you to our project. We are truly grateful for your visit.
The Unfinished Lives Project website is a place of public discourse which remembers and honors LGBTQ hate crime victims, while also revealing the reality of unseen violence perpetrated against people whose only “offense” is their sexual orientation, gender identity, or gender presentation. LGBTQ people in the United States are suffering a slow-rolling decimation of terror and murder all across the country. Every locale and demographic of society are affected: First Nations, Anglo, Black, Latino and Latina, South and Southeast Asian, Transgender, Bisexuals, Gay men, Lesbians, disabled, young, and mature. Homophobia has a long, crooked arm, and it is reaching out to snatch the life away from women and men whose tragic stories are under-reported to begin with, and whose memories are swiftly forgotten.
The horror of these killings transcends the shock and bereavement of loved ones and friends. These are not typical homicides; they are not killings for money or drugs, incidents of domestic strife, or crimes of passion. The vicious nature of hate crimes against LGBTQ persons is extremely brutal, grotesquely violent, and egregiously hateful.
Each murder serves the LGBTQ population as a sobering warning about the actual level of danger in our communities. The message these killings send is that freedom and open life for LGBTQ people is a cruel dream. Every time we remember one of these victims, however, the intentions of their killers are frustrated. To remember these women and men is to begin the process of changing the culture that killed them.
Our Project Director
Dr. Stephen V. Sprinkle (Keith Tew photo).
Stephen V. Sprinkle is Director of Field Education and Supervised Ministry, and Professor of Practical Theology at Brite Divinity School, Fort Worth, Texas, a post he has held since 1994. An ordained Baptist minister, he is the first open and out Gay scholar in the history of the Divinity School, and the first open and out LGBTQ person to be tenured there. Read More…
Recent Social Justice Advocacy Activity By Dr. Sprinkle
Summer 2009 – Dr. Sprinkle responded to the Fort Worth Police Department and Texas Alcoholic Beverage Commission Raid on the Rainbow Lounge, Fort Worth’s newest gay bar, on June 28, 2009, the exact 40th Anniversary of the Stonewall Rebellion. Dr. Sprinkle was invited to speak at three protest events sponsored by Queer LiberAction of Dallas. Here, he is keynoting the Rainbow Lounge Protest at the Tarrant County Courthouse on July 12, 2009. Read More…
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Dr. Sprinkle will gladly present his acclaimed presentation to your organization. To arrange an Unfinished Lives presentation for your organization or group, please contact us.
Dr. Sprinkle has given his Unfinished Lives presentation to these and other community groups and organizations. Read More…
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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