Unfinished Lives

Remembering LGBT Hate Crime Victims

Gay Bashing in North Texas Leads to Hate Crime Charge

Gay bashing victim Arron Keahey, 24, after teen assailant savagely beat him last Labor Day.

Gay bashing victim Arron Keahey, 24, after teen assailant savagely beat him last Labor Day.

Dallas, Texas – A Springtown man who lied about his encounter with a gay man via social media in September has been charged with a bias-motivated hate crime.  According to a press release by the Dallas Division of the FBI, Brice Johnson, 19, has been charged with “willfully causing bodily injury to a person because of the actual or perceived sexual orientation of that person in a federal criminal complaint.”  On September 2, 2013, 24-year-old gay man, Arron Keahey, connected to Johnson through the social app, MeetMe, being led to believe that Johnson was gay.  The FBI press release details how Johnson led on Keahey to lure him to his home: “During their communications, Johnson said that he was interested in engaging in sexual activity with A.K. He invited A.K. to his home, gave A.K. his cell phone number and address, and they exchanged text messages planning their sexual activity.”

As soon as Keahey arrived at Johnson’s home, the assailant beat Keahey savagely, bound his wrists with an electrical cord, and rolled him into the trunk of a car.  Johnson drove to a friends house with his injured victim bleeding in the trunk.  Upon learning that Johnson had bashed the gay man so severely, Johnson’s friends threatened to call the police themselves if Johnson did not rush Keahey to a hospital.  Johnson drove his victim to a hospital in Fort Worth where he was treated for ten full days for smashed facial bones, lost and broken teeth, and multiple skull fractures.  Johnson concocted a story that he had found Keahey wounded, and being such a Good Samaritan, took him to the Harris Methodist Hospital.  Officers investigating found evidence to the contrary on Johnson’s cell phone where he had recorded a gay slur to refer to Keahey’s contact number.  Johnson then changed his story to say that he was “pulling a prank” on Keahey by the use of the slur to refer to him because of his sexual orientation.  Keahey has sworn that he had never had any sort of sexual or physical contact with his attacker prior to the moment Johnson lashed out at him on the night of the crime.

At the time of the incident, North Texas news media and law officers were reluctant to say that the assault that nearly killed Keahey was a hate crime.  Only after an extensive investigation with the FBI who were called into the case because of the possible anti-gay violence did the Parker County Sheriff’s Department and the Springtown Police Department come to final agreement that Keahey had told the truth all along, and that he had indeed been the victim of a hate crime due to extreme animus against his sexual orientation.  Though it remains unsaid in the FBI press release, the U.S. Department of Justice was able to step into the case investigation because of the provisions of the Matthew Shepard/James Byrd Jr. Hate Crimes Prevention Act signed into law by President Barack Obama in October of 2009.  Otherwise, like so many under-investigated attacks against LGBT people, this hate crime would have gone uncharged and unpunished.

Brice Johnson, 19, charged by FBI with bias-motivated hate crime.

Brice Johnson, 19, charged by FBI with bias-motivated hate crime.

According to a report by the Dallas Morning News, one of the major news outlets most reluctant to name anti-gay hate crimes as they demonstrated in this case, it was a Springtown Police Lieutenant, Officer Curtis Stone, who first suggested in his report that the Labor Day beating might be a “possible” hate crime.  WFAA-TV which covered the September attack and interviewed Keahey, spun the story to subtly suggest that the gay man’s use of the MeetMe app had led to the crime.  Such an intimation may be factually accurate, but does not take into account the use of social media daily by millions of heterosexual people to hook up with the reasonable assumption that they will be safe in doing so.  While there is always risk in meeting unknown people through web-based or phone-based media, no one at WFAA has issued a warning that straight men and women who fall victim to violence after using social media are somehow responsible for their own victimization–a suggestion that LGBT hate crimes victims are to blame for violence against them.  The WFAA story ends with Keahey agreeing that he had “learned a painful lesson.”

Johnson appeared in court for the first time on Thursday to be charged with a hate crime.  The statutory maximum penalty is a ten year sentence in a federal penitentiary, and a $250,000 fine.

It took five full months for the Department of Justice and the FBI to firm up the hate crime charge against Johnson that the Springtown Officer had first suggested.  No one in Springtown or Parker County, or North Texas for that matter, wants to have to admit that anti-gay hate crimes take place there.  But they do.

February 21, 2014 Posted by | Anti-LGBT hate crime, Beatings and battery, Blame the victim, Dallas Morning News, FBI, gay bashing, gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, LGBTQ, Matthew Shepard Act, Media Issues, MeetMe.com, Slurs and epithets, Social Media and Smartphone Apps, Texas, U.S. Justice Department, WFAA-TV | , , , , , , , , , , , , , , , , , | Comments Off on Gay Bashing in North Texas Leads to Hate Crime Charge

Gay Hero Defies Anti-Gay Smear Campaign; DOJ Called to Investigate

President Obama congratulates gay hero Daniel Hernandez for his role in saving Rep. Gabrielle Giffords' life in 2011 [AP photo].

President Obama congratulates gay hero Daniel Hernandez for his role in saving Rep. Gabrielle Giffords’ life in 2011 [AP photo].

Tucson, Arizona – One of the heroes to emerge from the horrific 2011 mass shooting in which Congresswoman Gabriel (Gabby) Giffords was gravely wounded has been subjected to a vile, anti-gay smear campaign.  The smear campaign coincides with an effort to recall him from public office.  Daniel Hernandez Jr., openly gay congressional intern who helped save Giffords’ life at peril to his own, is standing up against the anonymous smear campaign, and is calling out its originators.

Hernandez was elected to a vacant seat on the Sunnyside Unified School System governing board in 2011.  Huffington Post reports that at least two scurrilous flyers attacking Hernandez’s sexual orientation and his position on gun control appeared at the same time the recall conflict broke out on the school board.  While other school board members are being targeted for recall, Hernandez is the only recall target whose sexuality and character are being smeared.

Right Wing Watch first called attention to the smear flyers which were passed out to constituents anonymously.   The caption surrounding a flyer photograph of Hernandez speaking at an Equality Forum reads: “Put a REAL Man on the Sunnyside Board. Daniel Hernandez is LGBT. We need someone who will support Sports and cares about our kids. We don’t need someone who hates our values. RECALL Daniel Hernandez TODAY.”  A second flyer attacks Hernandez’s position on guns, deeply ironic given the savage shooting that wounded Representative Giffords and killed several constituents at a Congressional town hall meeting.

The nasty, homophobic nature of the flyers is not news.  Tactics like these have been influencing votes and voters for decades in Arizona and around the nation.  What is newsworthy, however, is the forthright manner in which Hernandez, an openly gay man, is refusing to succumb to the smears.  According to LGBTQ Nation, Hernandez has called for his opponents in the recall effort to distance themselves totally from these anti-gay tactics, and denounce anyone who supports such underhanded politics.  Furthermore, in another unprecedented move, U.S. Congressman Raul Grijalva (D-Ariz.) has asked the Pima County Attorney’s Office and the U.S. Department of Justice to investigate the attacks on Hernandez’s sexual orientation as a bias-motivated hate crime.

Hernandez’s recall opponents are scrambling to distance themselves from the hate attacks against a bona fide national hero who happens to be openly gay.  The investigation as it proceeds should uncover whatever links may exist between the recall effort and homophobic intent.

September 3, 2013 Posted by | Anti-LGBT hate crime, Arizona, Character assassination, Daniel Hernandez, Gabrielle "Gabby" Giffords, gay men, GLBTQ, Hate Crimes, hate speech, Heterosexism and homophobia, Latino and Latina Americans, LGBTQ, Politics, President Barack Obama, Slurs and epithets, Tucson Shooting Rampage, U.S. Justice Department | , , , , , , , , , , , , , , , , | Comments Off on Gay Hero Defies Anti-Gay Smear Campaign; DOJ Called to Investigate

Oregon’s “Pink Poodle” Gay Bashing Draws Federal Hate Crime Charges

Gay Bashing victim David Beltier (l), partner Jeremy Mark (r), and their poodle Beauty.

Gay Bashing victim David Beltier (l), partner Jeremy Mark (r), and their poodle Beauty.

Hillsboro, Oregon – A bizarre anti-gay crime case at a busy highway street crossing has attracted national attention as Federal prosecutors issued hate crimes charges against a man whose homophobic rage was sparked by the sight of a pink poodle.  The assailant, George Mason Jr., 22, was charged this week with a violation of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act for attacking a gay man with a heavy bolt cutter and screaming anti-gay slurs during a peaceful, midday stroll with his boyfriend and their pink-dyed poodle on March 1.  Multiple witnesses say Mason shouted slurs at the gay couple from his SUV, did a U turn, raced back to the intersection, and allegedly attacked David Beltier with his fists and the bolt cutter. Beltier sustained blows to the upper arm, and to the back of his head.  The assault could very nearly have cost Beltier his life.

Portland, Oregon court documents record the hate crime in legal language, but preserve the horror of the assault, coming from a complete stranger: “(Mason) willfully caused bodily injury and, through the use of a dangerous weapon, attempted to cause bodily injury to (Beltier), who is gay, because of (Beltier’s) actual and perceived sexual orientation.”  The Associated Press, in a story carried by the Columbus (IN) Republic, also reports that Mason faces Oregon state charges including second-degree intimidation, second-degree assault, unlawful use of a weapon, and reckless driving. The intimidation charge is a bias-motivation charge in the Oregon state code. Mason’s wife, Saraya Gardner, who was in Mason’s vehicle at the time of the attack, has also been charged in the case for obstructing justice.

George Mason Jr.  Alleged gay basher enraged by the sight of a pink poodle.

George Mason Jr. Alleged gay basher enraged by the sight of a pink poodle.

In an interview in Komonews.com, Beltier and his partner, Jeremy Mark, recounted that they were crossing the street with their pink-dyed poodle, Beauty, when the attack occurred.  Beauty, explained Beltier and Mark, had been harmlessly dyed pink with Kool-Aid for a bit of pre-Easter fun, and to match their two other pastel-dyed dogs. The sight of the pink poodle proved too much for Mason, who screamed profanities at the couple from his moving vehicle.  The intersection was filled with witnesses who blared their horns in protest of the attacker.  Beltier credits the witnesses with saving his life.  “If I didn’t hear all the other people honking, all the people seeing what was going on, he could have probably severely hurt me, maybe even killed me right there and then,” he said.  The New York Daily News reports Mark’s account of the slurs Mason hurled at his boyfriend. “[Mason] was saying, “Your poodle is a weird color and that’s just un-American” and “f— you, you f–s” and shouting,” Mark said.

Beltier then picked up the story for Komo News: “After that, [Mason] turns around, he goes back to his car, runs back to his car and brings out this long wrench-looking crowbar tool or something like that, and he comes back after me.”  Mason then struck Beltier on the upper arm and in the back of the head. Beltier’s boyfriend was frantic with fear for his lover’s life.  “I just couldn’t believe it,” said Mark. “I was shouting at the guy to stop. There’s no need for violence. There’s nothing to provoke him. … I was fearing for his life.”

As Mason raced away from the scene of the crime, witnesses tried to block his vehicle, and one witness took off after him, capturing Mason’s license plate number.  The information led to the arrest of Mason and his wife, Gardner.

Though officials advised the gay couple to eliminate the bright pink color from his pet’s fur, Beltier and Mark remain adamant.  They say that they did nothing wrong, and they are not going to let fear dictate their lives.  They just allowed Beauty’s fur to grow out naturally over time.

 

June 28, 2013 Posted by | Anti-LGBT hate crime, Beatings and battery, Bludgeoning, FBI, gay bashing, gay men, GLBTQ, Hate Crimes, hate speech, Heterosexism and homophobia, LGBTQ, Matthew Shepard Act, Oregon, Pink poodle, Slurs and epithets, U.S. Justice Department | , , , , , , , , , , , , , , | Comments Off on Oregon’s “Pink Poodle” Gay Bashing Draws Federal Hate Crime Charges

Your Rights and Ours This Hallowe’en Season: A Special Comment

Dallas, Texas- In this unprecedented year of tragedy and hope, in the aftermath of the worst nature can do to many of our readers and supporters, the Unfinished Lives Project Team wishes your family and loved ones a Happy and Safe Hallowe’en.  So much is at stake in this election season.  Too many have lost too much to turn back now.  The stance of this blog and this human rights project has been and will remain to be full of hope:

  • For a better world than the LGBTQ community has ever known until now
  • For the long arc of justice to bend toward all marginalized people, especially those whose lives have been touched with violence
  • For the laws and protections afforded to us to be enforced swiftly, fully, and justly
  • For all LGBTQ people to follow to admonition of Harvey Milk, burst down our closet doors, and begin to fight for the values we believe in

We have found allies and leaders who have our best interests at heart.  We still believe in hope.  That is what we are sticking with this holiday season.

  • President Barack Obama has signed the Matthew Shepard-James Byrd Jr. Hate Crimes Prevention Act into law
  • President Obama has fought by our side for the full Repeal and Implementation of the Repeal of Don’t Ask, Don’t Tell
  • President Obama has directed our Justice Department to defend DOMA no longer
  • President Obama has nominated two outstanding women to the Supreme Court of the United States, Justice Kegan and Justice Sotomayor
  • President Obama vigorously supports the DREAM Act, allowing many LGBTQ Latinas/Latinos to live, work, and prosper in the United States–the only nation home they have ever known
  • Vice President Joe Biden has blazed the trail for Transgender Rights, declaring this “The Greatest Civil Rights Issue of Our Time”
  • Both President Obama and Vice President Biden have declared their public support for Marriage Equality
  • The President, therefore, deserves and has earned a second term

While we at Unfinished Lives respect choices to the contrary, to us the choice this election year could not be clearer.

Enjoy the day, then exercise your rights, and vote.  Again, friends, Happy Hallowe’en.   ~  The Unfinished Lives Project Team

October 31, 2012 Posted by | Don't Ask Don't Tell (DADT), Dream Act, GLBTQ, hate crimes prevention, LGBTQ, Matthew Shepard Act, President Barack Obama, Repeal of DADT, Special Comments, U.S. Justice Department, U.S. Supreme Court | , , , , , , , , , , , , , | Comments Off on Your Rights and Ours This Hallowe’en Season: A Special Comment

Teen Lesbian Shootings Spark Urgent Calls From Advocacy Groups to Solve the Crime

L to R: Mary Chapa, 18, and Mollie Olgin, 19, gunned down in what many believe was an anti-lesbian hate crime in Coastal Texas.

Austin, Texas and Washington, D.C. – The savage shooting of two Coastal Texas lesbian teens has drawn national attention from major human rights advocacy groups, adding pressure to local law enforcement and the U.S. Department of Justice to bring a killer to justice.  On Saturday morning, the motionless bodies of Mollie Olgin, 19, and Mary Chapa, 18, were found in the tall grass of a popular bayside park in Portland, Texas, where an attacker left them sometime after midnight on Friday (for details, see coverage in Unfinished Lives Blog). Olgin died as a result of a gunshot to her head.  Chapa was rushed to a local hospital for emergency surgery, and remains in serious but stable condition. No suspect or suspects have been identified in the investigation so far. Local authorities have been slow to suggest a motive for the brutal attack. Many believe an anti-lesbian motive lies behind the brutality of the assault, however.  The couple had been in a love relationship for over five months at the time of the killing and assault, according to their friends and co-workers.

The Washington, D.C. based Human Rights Campaign (HRC), the nation’s largest LGBTQ rights and education group, and Equality Texas (EQ TX), based in Austin, are calling on local officials to find the killer and prosecute this case with all possible speed. In a joint statement issued today from Austin, spokespersons for these groups put their wishes in unmistakable terms.

Equality Texas issued the following statement after speaking with the Community Relations Service of the U.S. Department of Justice:

“Equality Texas joins with the Human Rights Campaign in urging a swift and thorough investigation of this crime. We applaud the Department of Justice Community Relations Service for quickly offering their assistance.  Community members are welcome to join a candlelight walk and vigil this Friday, June 29 at 6 p.m. at Violet Andrews Park, 305 Wildcat, Portland, TX 78374.”

The Human Rights Campaign has reached out to local law enforcement officials as well as the Department of Justice (DOJ) and the FBI. HRC President Chad Griffin released the following statement:

“I want to express my sincerest condolences to the families and friends of the victims of this horrific crime. Two young lesbian women were shot and one lost her life. Regardless of the motivation behind this tragedy, we must send a strong message that violence against anyone is never acceptable. We have reached out to law enforcement officials at both the federal and local level, and hope to see a thorough investigation. These women, and all victims of violent crimes, deserve nothing less.”

June 26, 2012 Posted by | Anti-LGBT hate crime, anti-LGBT hate crime murder, Equality Texas, gay teens, GLBTQ, gun violence, Hate Crimes, Heterosexism and homophobia, Human Rights Campaign, Lesbian women, LGBTQ, Social Justice Advocacy, Texas, U.S. Justice Department, Vigils, Washington, D.C. | , , , , , , , , , , , , , , , | 1 Comment

Gay, Lesbian, Transgender Murders Skyrocket; Highest Hate Crime Murder Rate Ever Recorded

Burke Burnett, 26, of Paris, Texas narrowly missed being murdered in an October 2011 anti-gay hate crime (Dallas Voice photo). Two of the three persons who assaulted him have received long prison sentences with hate crimes enhancements.

New York, New York – LGBTQH hate crimes murders in 2011 reached the highest number in recorded United States history, according to the annual report of the National Coalition of Anti-Violence Programs (NCAVP). The frightening statistics of gays, lesbians, bisexuals, transgender persons, and HIV-affected persons brutally murdered in homophobic hate crimes was released to the press on May 31. Among the highlights of the disturbing 2011 report:

  • The number of murders of LGBTQH people ROSE a full 11 per cent
  • 30 murders recorded; the highest number since the NCAVP has kept records
  • Transgender women, people of color, and gender variant youth are experiencing the most severe assault of violence against them
  • 87 per cent of these murders befell LGBTQH people of color
  • This high murder rate is the third year in a row (2009, 2010, and now 2011) that shows hate crimes killings rising
  • Youth and Young Adults were 2.41 times more likely to have been physically attacked in bias-related crimes than the general LGBTQH population
  • Transgender women comprised 40 per cent of the murder totals, making the second year in a row that Transwomen faced violence in outsized proportions to their numbers in the LGBTQH community

Even though the report shows a 16 per cent decrease in bias-related acts of violence against the LGBTQH community, an encouraging trend, the decrease is overthrown by the alarming jump in hate crimes murders. Detroit, Michigan, for example, showed a major increase in violence against transgender people, prompting Nusrat Ventimiglia of Equality Michigan to note that much of their budget was being consumed in response to the hike in the murder rate in the queer community. Rebecca Waggoner of OutFront Minnesota said that the outrage of youth murders and suicides demands more money and staff on the part of anti-violence programs nationwide to address the epidemic of death among gender variant young people.

Since the Matthew Shepard/James Byrd Jr. Hate Crimes Prevention Act was signed into law by President Obama in October 2009, the incidence of homophobic, biphobic, and transphobic murder has increased year by year, indicating that vigorous prosecution of killers is demanded by the U.S. Justice Department, the FBI, and all branches of state and local law enforcement.  NCAVP’s New York City Anti-Violence Co-ordinator, Chai Jindasurat, said to the media: “NCAVP’s findings are a call to policymakers, advocates, and community members that the prevention of violence against LGBTQ and HIV-affected individuals needs to be a priority.” The report includes specific  policy changes that may reduce the increasing trend of these murders, including an increase in funding for LGBTQH anti-violence support and prevention, and a concentrated effort to bring an end of the homophobic, transphobic, and biphobic culture that fuels hate violence.

18 states do not currently include sexual orientation in their hate crimes statutes, and 22 states do not include gender identity or gender expression. This lack of state concern for LGBTQH victims of hate crime allows the suspects of anti-gay or anti-transgender acts to believe they can carry out their bias crimes against the queer community with impunity. Even when a state has a hate crimes law on the books, like Texas, the rarity of its use by local law enforcement and district attorneys emboldens homophobic killers to carry out their irrational violence without fearing prosecution.

 The media report condensing the massive 2011 NCAVP hate crimes report can be downloaded here.

June 4, 2012 Posted by | Anti-LGBT hate crime, anti-LGBT hate crime murder, bi-phobia, Bullycide, Equality Michigan, FBI, gay bashing, Gender Variant Youth, GLBTQ, Hate Crime Statistics, Hate Crimes, hate crimes prevention, Heterosexism and homophobia, LGBTQ, LGBTQ suicide, Matthew Shepard Act, Michigan, Minnesota, National Coalition of Anti-Violence Programs (NCAVP), New York, OutFront Minnesota, Social Justice Advocacy, Texas, transphobia, U.S. Justice Department | , , , , , , , , , , , , , , , , , , , , , | Comments Off on Gay, Lesbian, Transgender Murders Skyrocket; Highest Hate Crime Murder Rate Ever Recorded

Two Women Plead Guilty to Gay Bashing and Kidnapping in Kentucky

Alexis Jenkins and (Mable) Ashley Jenkins, both 19, convicted of anti-gay hate crime in Eastern Kentucky

Lexington, Kentucky – Two teenaged women pled guilty on Wednesday as accomplices in the kidnapping and assault of a gay man in Harlan, Kentucky. The women are the first persons convicted under the provisions of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, signed into law by President Barack Obama in October 2009.  The U.S. Attorney’s Office for the Eastern District of Kentucky announced that Alexis LeAnn Jenkins and Mable Ashley Jenkins, both 19 years old, entered guilty pleas to assisting a pair of cousins, Anthony Ray Jenkins and David Jason Jenkins, in a brutal assault and attempted murder against Kevin Pennington, an openly gay man whom the quartet abducted to Kingdom Come State Park on April 4, 2011.  The women’s pleas were sealed for another two days, according to LGBTQ Nation.  If they are found guilty of the charges, and no plea bargain agreement is in play, the women could face life sentences. It may be that they agreed to cooperate with federal authorities in order to receive lesser sentences, which will be handed down against them in August as the court schedule now stands. Alexis Jenkins is the spouse of Anthony Jenkins, and (Mable) Ashley Jenkins is his sister and a cousin of (David) Jason Jenkins.

The announcement of the guilty pleas come a day after a federal grand jury indicted Anthony and Jason Jenkins of kidnapping, conspiracy, and carrying out a deadly attack on Pennington because of his sexual orientation. The cousins have entered not guilty pleas to all charges, and will have their day in court on June 18.

In a statement issued Friday by the U.S. Attorney’s Office, the roles played by Alexis and Ashley Jenkins in the near-deadly attack on Pennington became clearer:  “The women admitted they lured [Kevin] Pennington into a truck with two other defendants, Anthony Ray Jenkins and David Jason Jenkins. The truck was driven to an Eastern Kentucky state park where Pennington was allegedly assaulted by the male defendants,” the statement says. “Both women waived their right to be indicted and pleaded guilty to the charges brought by U.S. Attorney [Kerry B.] Harvey and the Department of Justice’s Civil Rights Division.”

Though the Jenkins cousins recruited the women to entice Pennington into their Silverado pickup, Alexis and Mable were equally as intent on the gay man’s murder as were the men, according to the details of the federal indictment filed against Anthony and Jason. Kentucky.com reports that the women allegedly cheered on the Jenkins men as they beat Pennington senseless, yelling “Kill the faggot!” Pennington, who is 28, suffered injuries to his chest, head, face, and neck.  Had he not escaped his attackers, he has no doubt he would have been killed. Prosecutors indicate that the savagery of the gay bashing is not what qualified it as a federal hate crimes case.  Instead, the fact that the defendants transported the victim in their vehicle on a federal roadway allowed the FBI and the U.S. Attorney’s Office to become involved in the investigation and prosecution of the crime.  The Kentucky Equality Federation appealed to the U.S. Justice Department to intervene in the case, since local judges and other law enforcement officers were reluctant to carry the investigation forward in an effective way.

April 14, 2012 Posted by | Anglo Americans, Anti-LGBT hate crime, Beatings and battery, FBI, gay bashing, gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, Kentucky, Kentucky Equality Federation, LGBTQ, Matthew Shepard Act, Slurs and epithets, Social Justice Advocacy, U.S. Justice Department, women | , , , , , , , , , , , , , | 1 Comment

Two Kentucky Men Charged By Feds With Anti-Gay Hate Crime: First Use of U.S. Hate Crimes Law

Cousins Anthony Ray Jenkins (l) and David Jason Jenkins (r), indicted under the Shepard/Byrd Hate Crimes Act for anti-gay attack.

Lexington, Kentucky – Two cousins face the first charges filed by the Federal Government under the Matthew Shepard/James Byrd Jr. Hate Crimes Prevention Act for attacking a gay man, as announced by the U.S. Attorney’s Office in Lexington.  According to the Associated Press, David Jason Jenkins, 37, of Cumberland, Kentucky, and Anthony Ray Jenkins, 20, of Partridge, Kentucky were indicted early this week by a federal grand jury for a savage April 2011 attack upon Kevin Pennington, a gay man who refused to perform sexual acts upon the cousins.  The Jenkins cousins were also indicted on federal kidnapping, assault, and conspiracy charges. Both men pleaded not guilty to the charges. If convicted, each defendant could face a life sentence in prison.

CNN quotes the indictment as saying that the cousins enlisted two women to entice Pennington to get into their pickup truck on April 4, 2011 for a trip into the pristine wilderness of the Kingdom Come State Park in Harlan.  “David Jason Jenkins and Anthony Ray Jenkins made a plan to assault Pennington because of his sexual orientation,” the indictment reads. The men wore clothing that made it difficult to see who they were, and disabled the dome light inside the pickup to further obscure their identities.  The FBI affadavit says that when David Jason Jenkins demanded Pennington service him sexually, Pennington refused. Jenkins threatened to rape him. The cousins stopped the truck, dragged Pennington out of the cab, and brutally assaulted him while shouting, “How do you like this, Faggot?”  Pennington reported to human rights advocates, “The whole time I screamed and begged them to stop, I was screaming I’m sorry for whatever I had done to make them want to do this to me. I can remember seeing bright flashes of light every time one of them would stomp or punch me in the head with them telling me he was going to rape me asking me if I was going to suck his [edited] how they would hold me down if they had to and how he was going to [edited] me in the [edited] dry until I bled.” Knocked unconscious, he lay on the forest floor. He awoke and managed to escape while his assailants were debating how best to dispose of his body. Pennington ran to a ranger station, broke a window to gain access to phone, and called police. He suffered multiple injuries, including wounds to his neck, head, back, and face. After treatment, Pennington was released from hospital care, but says he still struggles emotionally with the effects of the attack. Though the two women, Alexis Leann Combs Jenkins and Mable Ashley Jenkins, have been charged with kidnapping and aiding a kidnapping according to the authorities, Edgeonthenet says they have not been indicted by the federal grand jury.

This case is a landmark use of the Shepard/Byrd Act to prosecute an anti-gay hate crime in the nation, and interest around the nation is running high. Since the cousins used a truck and drove their victim on a federal roadway, the case fell under federal jurisdiction.  A U.S. Department of Justice statement read, in part, “The indictment marks the first federal case in the nation charging a violation of the sexual orientation section of the Federal Hate Crimes Law.” Human Rights Campaign’s Michael Cole-Schwartz, who worked for the passage of the Shepard/Byrd Act, said, “It’s vindicating to see that the years of hard work that went into making sure this law was on the books is now being put into place.” Kentucky Equality Federation president, Jordan Palmer, commented on the larger context of the case. “The bigger picture here is that the U.S. attorney’s office is sending a message that you don’t try to hurt someone and you don’t injure them because of their sexual orientation or gender identity,” he said. The Kentucky Equality Federation vigorously lobbied the U.S. Department of Justice to become involved in the case.

As a defense, the cousins claim that Pennington had approached them for illicit drugs, and the deal went bad, a common attempt on the part of perpetrators of hate crimes to deflect attention away from the heinous nature of their acts, and to defame the victim. The Jenkins cousins will face their day in court on June 18.

April 14, 2012 Posted by | Anglo Americans, Anti-LGBT hate crime, Beatings and battery, gay bashing, gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, Kentucky, Kentucky Equality Federation, Kidnapping and sexual assault, LGBTQ, Matthew Shepard Act, Slurs and epithets, Social Justice Advocacy, U.S. Justice Department | , , , , , , , , , , , , , | 2 Comments

Gay Men and Trans People in the Cross Hairs: Behind the FBI’s 2010 Hate Crimes Statistics

Washington, D.C. –  Hate crimes statistics for 2010 are out from the Federal Bureau of Investigation.  The good news is that, overall, the numbers of reported hate crimes last year held steady.  The FBI report, accessible here, documents 6,624 single-bias incidents, which range from acts of vandalism to cold blooded murder. Four more incidents encompassed multiple-biases, making for a grand total of 6,628 incidents reflecting 7,699 offenses as reported voluntarily by law enforcement agencies around the nation.  These data represent a serious undercount of the actual number of hate crimes perpetrated against Americans during the last year, since 1) reportage by local law enforcement is sheerly voluntary with no funding from the federal government to aid small jurisdictions to report, and 2) local law enforcement officials are often loathe to classify an incident as a hate crime because of a variety of reasons, such as how the community regards social groups and racial/sexual minorities.

Behind the statistics are the stories of flesh-and-blood victims and their families, and the news here is disturbing. 1,528 victims were targeted because of animus against sexual orientation.  Of these, 57.3 percent of victims were gay males, and 11.9 percent were lesbians. The numbers of violent attacks against transgender people are fragmentary at this point, since statistics of this particularly vulnerable group have only been recorded by the FBI since the Matthew Shepard-James Byrd Jr. Hate Crimes Prevention Act was signed into law by President Obama in October 2009.  But the news of brutalities against transgender people, especially transgender women of color, is alarming.  GLAAD reports that, of the people murdered for sexual orientation and gender identity and expression bias, 70 percent were persons of color, and 44 percent were transgender women [NCAVP figures]. Though suicides of LGBTQ teens due to homophobic and transphobic bullying in schools have captured the headlines repeatedly since 2010 began, no separate FBI statistical category yet exists for the collection of these data.

In the recent Civil Rights Conference on Hate Crimes at the University of Texas at Arlington, Assistant Attorney General Thomas Perez declared in his keynote address, “We are experiencing a headwind of hatred and intolerance in the United States.” FBI Special Agents appealed to local law enforcement, U.S. Attorney officials, and leaders from the North Texas LGBTQ community to co-operate in the reporting of hate crimes, underlining the difficulty feds are experiencing amassing accurate data.   In its 2010 report, the National Coalition of Anti-Violence Programs (NCAVP), widely held to offer more accurate statistics on anti-LGBT hate crimes than the FBI, noted a 13 percent rise in homophobic and transphobic violence from 2009 to 2010, and a 23 percent rise in the murders of LGBTQ people.

November 15, 2011 Posted by | Bullying in schools, FBI, gay men, gay teens, Gender Variant Youth, GLBTQ, Hate Crime Statistics, Hate Crimes, hate crimes prevention, Heterosexism and homophobia, Law and Order, Lesbian women, LGBT teen suicide prevention, LGBTQ, Matthew Shepard Act, National Coalition of Anti-Violence Programs (NCAVP), Social Justice Advocacy, Texas, transgender persons, transphobia, U.S. Justice Department, Washington, D.C. | , , , , , , , , , , , , , , , , , , | Comments Off on Gay Men and Trans People in the Cross Hairs: Behind the FBI’s 2010 Hate Crimes Statistics

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.

November 11, 2011 Posted by | Anglo Americans, Anti-LGBT hate crime, Beatings and battery, FBI, gay bashing, gay men, GLBTQ, Hate Crimes, hate speech, Heterosexism and homophobia, Law and Order, Legislation, LGBTQ, Matthew Shepard, Matthew Shepard Act, Perpetrators of Hate Crime, Slashing attacks, Slurs and epithets, stabbings, Texas, U.S. Justice Department, Wyoming | , , , , , , , , , , , , , , , , , , | 2 Comments