Unfinished Lives

Remembering LGBT Hate Crime Victims

Remembering Charlie Howard: Murdered 26 Years Ago

Remembering Charlie Howard on State Street Bridge, Bangor Daily News Photo

Bangor, ME – Charles O. “Charlie” Howard was drowned to death by three young men at 10 p.m. on July 7, 1984.  His murder was the first full-blown hate crime murder against a gay person to be recognized as such in all of New England, if not the whole United States.  The young men, Shawn Mabry, 16, Jim Baines, 15, and Daniel Ness, 17, ran him down on the State Street Bridge in the heart of downtown Bangor, beat and kicked him brutally, and then heaved him over the the railing into the Kenduskeag Stream below.  Charlie screamed that he didn’t know how to swim.  At 12:10 a.m. the next morning, police rescuers found his drowned body a few hundred feet from the bridge.  A large eel had wrapped itself around his lifeless neck.  An autopsy confirmed that he died of drowning, most probably hastened by a severe attack of asthma, a disease that had plagued Charlie all his life.  He was 23 years old.  The young attackers spent one night in jail, and then were released without bond into the custody of their parents.  LGBT folk and their allies were galvanized by the murder of one of their own, and a fledgling equality organization started in the state in Charlie’s memory.  Mabry, Baines and Ness were tried as juveniles, and sentenced to an “indeterminate term” in Maine Youth facilities in South Portland.  Because of the nature of the law for juveniles, the convicts had to be released by their 21st birthdays.  Mabry and Ness served 21 months apiece.  Baines, the youngest, served two years.  Fourteen years later, in 1998, Matthew Shepard was murdered on a ridge overlooking Laramie, WY, also because he was gay.  Without what had been learned so painfully in the loss of Charlie Howard, there might very well have been no frame of reference for what happened to Matt.  Echoes of Charlie Howard still reverberate in Maine.  Bangor voted a non-discrimination ordinance protecting LGBT people.  Laramie has not done so yet.  Maine has a state hate crime law on the books, and the government is fairly scrupulous in enforcing it.  Wyoming has never passed such a law protecting its LGBT citizens.  Supporters finally won permission to erect a monument to Charlie near the bridge where he died.  There is no such monument remembering Matt in Laramie.  Matthew Shepard’s story is know around the world.  Charlie Howard’s has remained pretty much a New England story.  But Charlie’s story has changed lives for the better.  And in sheer effect, his supporters have won more respect and practical protection for LGBT people in Maine and New England than Matt’s has yet to achieve in the nation as a whole.  We at the Unfinished Lives Project remember lovely, goofy, maddening, flaming, edgy, and graciously generous Charlie Howard today.  He did not die in vain.  We must work to see to that, for him and for all the sons and daughters of America who died just because of who they were and whom they loved.  Rest well, sweet brother.  We have not forgotten you.

July 7, 2010 Posted by | Anglo Americans, anti-LGBT hate crime murder, Beatings and battery, drowning, gay men, harassment, Hate Crimes, Heterosexism and homophobia, Law and Order, Legislation, Maine, Matthew Shepard, Monuments and markers, Perpetrators of Hate Crime, Remembrances, Social Justice Advocacy, Stomping and Kicking Violence, Wyoming | , , , , , , , , , , , , , , , , | 1 Comment

Dallas Marches to Remember Stonewall

Dallas, TX – Hundreds rallied and marched through the skyscraper canyons of Dallas Sunday night to remember the 1969 Stonewall Rebellion, and to fight for human rights.  The Stonewall Rebellion 41st Anniversary March and Rally formed at Founders Plaza near the famous JFK memorial, and marched though downtown Dallas, shouting “Harvey Milk was right/Come out of your closets and fight!”  Marchers from throughout North Texas, as well as contingents from Lubbock and Tyler filled the streets with the sounds of activism.  The route was chosen to maximize exposure to Dallasites throughout the downtown business and residential areas, and the sidewalks were lined with office workers, bus stop patrons, and café diners throughout the Main Street Corridor, even on a Sunday night.  Media including the Dallas Morning News and the Dallas Voice, as well as other media outlets covered the event.  Speakers including Jesse Garcia, C.D. Kirven, Michael Robinson, Nonnie Ouch, Rafael McDonnell, and Daniel Scott Cates gave powerful messages to the LGBTQ community as well as elected officials on the local, state and federal levels.  They called for the overthrow of DOMA, the repeal of DADT, passage of a transgender-inclusive ENDA bill, and full Marriage Equality.  The Rainbow Lounge Raid in Fort Worth last year was a continuing theme of the evening as well.  Dr. Renee Baker of Youth First Texas called on marchers to support LGBTQ youth, especially in view of how vulnerable they are.  Keynote speaker, Dr. Stephen Sprinkle, professor at Fort Worth’s Brite Divinity School, and Director of the Unfinished Lives Project, summed up the speeches with a call to remember Stonewall and act to expand human rights not only for the LGBTQ community, but also for other minorities, as well.  Responding to the noisy Religious Right protestors who kept berating Rally attendees with loud preaching and scripture proof texting, Dr. Sprinkle reminded them that “whoever says they love God and hate their brothers and sisters is a liar, and the truth is not in them!”  Spencer Young gave a moving testimony to those who have died violently at the hands of hatred and homophobia during the concluding Vigil portion of the program.  He recounted the story of Nicolas West, murdered in Tyler in 1993 because he was gay.  Tyler, he reported, has no memorial to West, who was shot multiple times by his murderers and left to die in a clay pit outside of town.  But the Tyler community, where traditional values and negative attitudes toward LGBT people has predominated in the past, staged “The Laramie Project” in West’s honor, giving him a living memorial through the famous stage play recounting the aftermath of Matthew Shepard’s murder in Laramie, Wyoming.

June 28, 2010 Posted by | African Americans, Anglo Americans, anti-LGBT hate crime murder, Bisexual persons, DOMA, Don't Ask Don't Tell (DADT), ENDA, gay men, gay teens, gun violence, Hate Crimes, Heterosexism and homophobia, Latino and Latina Americans, Lesbian women, LGBT teen suicide prevention, Marriage Equality, Native Americans, Politics, Protests and Demonstrations, Rainbow Lounge Raid, religious hate speech, religious intolerance, Remembrances, Social Justice Advocacy, Texas, transgender persons, transphobia, Vigils | , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Dallas Marches to Remember Stonewall

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

Second Gay Bashing Outrages Savannah

Savannah Protest Rally/Richard Burkhart photo for Savannah Daily News

Savannah, GA – A second gay man has come forward to report that he was the victim of a gay bashing in Savannah.  John Takats, a grad student at the Savannah College of Art and Design issued a statement to the press through Georgia Equality claiming that he was called a “faggot” and struck in the back of the head so hard he fell to the sidewalk on February 27, 2010. While he admits he did not come forward to issue a complaint to police at the time out of fear, Mr. Takats felt he had to come forward when news of the June 12 bashing of another gay man, Kieran Daly, by two U.S. Marines hit newsstands. Mr. Takats says that his boyfriend had stepped away to recover a lost item when four people, two men and two women, menaced him, shouting, “What are you looking at?” and hurling anti-gay epithets at him.  The blow to his head and kicks to his body stunned him, and the next thing he remembered was his boyfriend trying to revive him.  In part, Mr. Takats’ account is as follows: “As the males approached me they started swinging. I immediately put up my hands, in front of my face, to protect myself. At that time, clearly out of nowhere, one of the males struck me in the back of my head. I was kicked till I fell to the ground by either the same (or the other) male. At that time, I heard one of the females scream ‘Stop that!’ The group ran away from the scene. I was completely shocked, hurting and confused and I began crying.” Project Q Atlanta has a Mr. Takats full statement online.  The Daly case entered a new phase last week when the FBI and the local police began investigating whether that attack on Mr. Daly was a hate crime.  The Anti-Defamantion League has issued a press release praising the move on the part of law enforcement. Bill Nigut, Southeastern Regional Director of the ADL said, “If this is a hate crime, prosecution under the new law will send a strong statement to the people of Savannah that violence against gays will not be tolerated.”  Georgia Equality has learned from hard experience that the Savannah-Chatham Police Department has often been demeaning and unresponsive to LGBT complaints.  Kevin Clark, Georgia Equality’s Savannah Chapter head, told WSAV News 3 that these attacks are just the latest installments in a pattern of violent anti-gay hate crimes in Savannah over the last five years.  Speaking to a protest rally of 150 citizens calling for justice in the Kieran Daly gay bashing case, Clark said, “It should only take one or two individuals who have been attacked or know of others who have been attacked to get the attention of someone in leadership in this community– that in our opinion should have stepped forward way before now and condemned the violence and put out a loud call for swift just action here.”  Savannah is a “military city,” close to the Marine Corps Air Station in nearby Beaufort, South Carolina, where both of Daly’s alleged Marine attackers were stationed.  But what sets Savannah apart from other cities with large military bases nearby, according to Jim Morekis of Connect Savannah, is its “large and influential gay community.”  Morekis concluded his op-ed piece, “Let’s hope that the two Marines who attacked Daly receive a fair trial, and if found guilty receive a punishment suited to the crime. And let’s hope that society, and the military, can continue to move beyond ignorance and prejudice. A good start would be for the Georgia legislature to put a fair hate crime law on the books so we can join the rest of the nation.”

June 25, 2010 Posted by | Anglo Americans, Anti-LGBT hate crime, Beatings and battery, FBI, gay men, Georgia, harassment, Hate Crimes, Heterosexism and homophobia, Law and Order, Legislation, military, Perpetrators of Hate Crime, Protests and Demonstrations, Slurs and epithets, Social Justice Advocacy, South Carolina, Stomping and Kicking Violence, U.S. Marines | , , , , , , , , , , , , , , , , , | Comments Off on Second Gay Bashing Outrages Savannah

FBI Asks, “Marine Gay Bashing A Hate Crime?”

Savannah, GA – The FBI is investigating last Saturday’s brutal assault case of a gay man by two U.S. Marines as a possible hate crime, according to the islandpacket.com and the Beaufort Gazette.  As reported in this blog, 26-year-old Savannah man, Kieran Daly was allegedly battered unconscious by two Marines stationed at the nearby Marine Corps Air Station in Beaufort, South Carolina because the victim “winked at them.”  The cause cited by the Marines, one of whom is a lance corporal and the other a corporal, has ignited a storm of controversy in the LGBT community and beyond.  Keil Joseph Cronauer, 22, and Christopher Charles Stanzel, 23, were arrested by Savannah-Chatham Police near the site where the victim was knocked unconscious on the pavement in the downtown area of the city.  According to police reports, the two Marines were fleeing the scene when they were apprehended.  Daly, the victim, insists that he never harassed the Marines in any way, and that their allegation that he “winked” at them in a flirtatious was was because he was squinting from fatigue.  As he walked away from them to diffuse the argument, one of the Marines shouted a homophobic slur at him and slugged him in the back of the head with a fist, causing seizures and brain bruising.  Witnesses corroborate Daly’s story, according to the police report, contending that the Marines were the aggressors in the argument and the attack. Daly is still hospitalized from his injuries.  Cronauer and Stanzel were taken to the Chatham County Jail. The pair were charged with misdemeanor battery and their bond was set at $1,850. They were released from the jail later on Saturday to military police, according to the jail log. If military investigators deem the crime serious or if the charges in Georgia are elevated, the two also could face court martial, Gunnery Sergeant Chad McMeen, spokesman for the USMC, said.  With the controversy surrounding repeal of Don’t Ask, Don’t Tell in the daily news, and the outspoken opposition to LGB people serving openly in the military, activists are alleging that homophobic attitudes may have played into the hair-trigger attack of the Marines against their victim.

June 16, 2010 Posted by | Anglo Americans, Anti-LGBT hate crime, Beatings and battery, Blame the victim, DADT, FBI, gay men, gay panic defense, Georgia, harassment, Hate Crimes, Heterosexism and homophobia, military, Perpetrators of Hate Crime, Social Justice Advocacy, South Carolina, U.S. Marines | , , , , , , , , , , , , , , | 2 Comments

Skittish Marines Gay Bash Man in Savannah

Keil Joseph Cronauer, 22, and Christopher Charles Stanzel, 23 (pictured L-R)

Savannah, GA – Two U.S. Marines were imprisoned Saturday for an unprovoked attack on a gay man in a downtown park.  Kieran Daly, 26, an openly gay man, was allegedly accosted with homophobic slurs and then brutally attacked by Keil Joseph Cronauer, 22, and Christopher Charles Stanzel, 23, both stationed at Marine Corps Air Station in Beaufort, South Carolina.  The Marines, in town on leave, were apprehened by Savannah-Chatham Police Officers as they ran from the scene of the crime, and arrested for what the victim and witnesses to the assault are calling an anti-gay hate crime, according to the Savannah Daily News.  Though the Marines maintained to police that they were merely rebuffing unwanted attention from Daly, witnesses say that both men charged upon Daly after he tried to walk away from them.  The witnesses further report that one of the Marines became enraged, shouting that Daly had “winked” at him.  One of the Marines demanded that Daly respect him because he had recently served in Iraq, and one of them yelled a homophobic epithet at Daly as the attack unfolded.  In a rage, one of them struck the victim on the skull from behind with his fist.  Daly fell to the ground suffering two seizures, rendered unconscious.  At one point, the victim apparently stopped breathing, since police reporting to the scene saw Daly’s friends applying CPR to him as he lay motionless on the pavement.  He was rushed to Memorial University Medical Center, where he was diagnosed with bruises on his brain.  Daly’s assailants were arrested and charged with misdemeanor battery for attacking the gay man.  The crime was committed at about 3:45 AM near Congress and Bull Streets, near historic Forsyth Park.  In a hospital room interview late Saturday with the Daily News, Daly makes a point of saying that he in no way winked at or otherwise provoked the young Marines. “The guy thought I was winking at him,” Daly said. “I told him, ‘I was squinting, man. … I’m tired.’ That’s the last thing I remember is walking away.”  Daly is expected to be in the hospital for several days. While Savannah-Chatham police say that their LGBT liaison officer is closely monitoring the subject, nothing at this point indicates that the case is being investigated as a hate crime.  The relatively mild charge against the Marines indicates a reluctance to break with Savannah’s bad reputation among its gay and lesbian population. Jess Morgan, Gay-Straight Alliance President at Armstrong State Atlantic University, told the Daily News that LGBT residents of Savannah face discrimination and harassment on a regular basis.  They cannot safely be open about their sexual orientation in any public way without threat of punishment, Morgan said. Georgia still does not have anti-LGBT hate crime protection on the the state level, one of only five states that have no such law on the books.  Daly may be a civilian casualty of Don’t Ask, Don’t Tell (DADT).  Chicago Pride points out that the firestorm over repeal of DADT has created an increasingly tense situation for lesbians and gays coming into contact with Marines.  The Commandant of the U.S. Marine Corps, General James T. Conway, is commonly identified by national media as leading the fight against the repeal of DADT among senior military officers, suggesting to Marines that anger against LGBT people is somehow justified. Police records show Cronauer and Stanzel have been released to into the custody of Marine military police.

June 14, 2010 Posted by | Anglo Americans, Anti-LGBT hate crime, Beatings and battery, Blame the victim, Don't Ask Don't Tell (DADT), gay men, gay panic defense, Gay-Straight Alliances, Georgia, harassment, Hate Crimes, Heterosexism and homophobia, Law and Order, military, Perpetrators of Hate Crime, Slurs and epithets, South Carolina, U.S. Marines | , , , , , , , , , , , , , , | Comments Off on Skittish Marines Gay Bash Man in Savannah

Dallas Police To Investigate Cedar Springs Area Ball Bat Attack as a Hate Crime

photo courtesy Dallas News

Dallas, TX – In an important change in attitude and approach concerning the late Friday night/Saturday morning assault on two gay men by bat swinging attackers, the Dallas Police Department has released a statement dated May 17 indicating that the case is to be investigated as a “hate crime.”  Apparently, a combination of rational reasoning and responsiveness to a groundswell of protest in the LGBT community led authorities to change course on this dangerous incident just two and a half blocks from the main gay entertainment district in Dallas.  The Cedar Springs-Wycliff corridor has been particularly violent in recent months, and has a particularly bloody history of anti-LGBT attacks and murder stretching back over two decades.  Historically, homophobic elements have targeted gays and lesbians in the “gayborhood,” and this most recent attack is an ominous sign that young men who are hateful, ignorant and insecure are coming to the neighborhood to locate victims again.  Police initially told WFAA.com that the baseball bat beating of  Kyle Steven Wear and his companion Alex would not be investigated as an anti-gay hate crime, since the pair were robbed. Both victims reported to police and the media that they were not only assaulted physically, but were subject to hate speech during the attack, being called “faggots” among other derogatory slurs by their assailants.  Most current merchants and visitors to the gay entertainment district are unaware that the Oak Lawn-Cedar Springs-Reverchon Park area of Dallas has been bloodied far too often by violence against LGBT people.  In 1988, John Griffin and Tommy Trimble, two gay men, were picked up at the Crossroads by Richard Lee Bednarski, an 18-year-old high school student from Mesquite, who drove them the short distance to Reverchon Park where he shot them to death.  The judge in the case gave Bednarski only a 30-year sentence for the cold-blooded murders, commenting that the killings were insignificant since the victims were gay.  In 1991, Thanh Nguyen and Hugh Calloway were gunned down by Corey Ardell Burley, 20, and two other accomplices at Reverchon Park.  Calloway survived to testify against Burley, but Nguyen, a Vietnamese immigrant to the Dallas area, died as a result of his wounds.  Initially, Dallas police refused to classify the murder as hate-motivated, but Burley confessed that he targeted the gay men because they were “weak.”  Jimmy Lee Dean, a self-identified bisexual man, was nearly killed in 2008 by 26-year-old Bobby Jack Singleton and 31-year-old Jonathan Russell Gunter, both of Garland, at the corner of Dickason and Throckmorton Streets. Robberies and assaults by thugs targeting young gay men along the Strip are far more frequent than merchants and residents would care to admit, including an attack on a minor on Cedar Springs in the early Spring of this year whose complaint to Dallas police was minimized because, as one officer told the youth, he was just a “drunk little faggot,” and deserved what he got. It is some measure of hope that the Dallas Police have either chosen to change their approach to the homophobic robbery of the two most recent gay victims of violence in the gayborhood, or have been coerced into it by the growing outcry from the local LGBT community.  In part, the Dallas Police Department bulletin entitled “Weekend Robberies to be Investigated as Hate Crimes” reads: “Early Saturday morning just after midnight, two 28 year old males were walking to a nightclub in the 2700 block of Throckmorton Street when they were confronted by four unknown Latin male suspects. Two of the suspects were carrying bats. All four suspects began to beat the victims with the bats and their hands while robbing the victims of their property. Both victims sustained non life threatening injuries. These offenses are documented on case numbers 134186-X and 134193-X. Based on derogatory statements made by the suspects during the commission of the robberies, these two offenses will be investigated as hate crimes. There have been no suspects identified at this time and detectives are continuing to interview witnesses.

May 18, 2010 Posted by | African Americans, Anglo Americans, Anti-LGBT hate crime, anti-LGBT hate crime murder, Asian Americans, Beatings and battery, bi-phobia, Bisexual persons, Blame the victim, Bludgeoning, gay men, gay teens, gun violence, harassment, Hate Crime Statistics, Hate Crimes, hate crimes prevention, Heterosexism and homophobia, Latino and Latina Americans, Law and Order, Perpetrators of Hate Crime, Slurs and epithets, Stomping and Kicking Violence, Texas, transgender persons, transphobia, Uncategorized | , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Dallas Police To Investigate Cedar Springs Area Ball Bat Attack as a Hate Crime

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

Hoosier Gay Man Beaten To Death

Fort Wayne, IN – A gay man described as “a kind and gentle soul” was kicked and beaten to death at a birthday party in Huntertown early on Sunday morning.  Paul Michalik, 36, was found dead on the lawn of Brian Paul Brothers, 34, according to reports on Wane.com.  The Allen County Coroner has ruled that a blow to Michalik’s head was the cause of death.  Michalik, a popular and well liked employee at a local spa and salon, went to the party in the wee hours of Sunday morning at the Brothers’ home with a mutual friend, Jerry Lee Chambers. At some point in the party, Brothers ferociously attacked both Michalik and Chambers for causes that are still under investigation, and while law enforcement officials have not  yet formally charged Brothers in the fatal incident, Chambers says that he attacked them because they were gay.  In what Brothers told police was “an all out altercation,” he admitted hitting Michalik multiple times in the head, face, and body, and kicking him multiple times, as well. In his statement to police, Chambers said that he tried to get Michalik outside the house while Brothers rained punches at his head and face, and delivered blows to his body.  Brothers allegedly turned on Chambers, too, so severely that Chambers had to “play dead” to avoid further injury.  While he was on the floor playing dead, Chambers said that he could hear air expelling from Michalik’s body as Brothers kicked him repeatedly in the ribs.  After Brothers’ rage finally exhausted, Chambers says that he and Brothers carried Michalik’s unresponsive body out on the lawn in the darkness.  Brothers allegedly went back into his house, leaving the dying man on the grass without calling for medical help for either of his victims.  At 4 a.m., police responded to a call from the Huntertown address, and found Chambers wounded and Michalik dead.  Reflecting on the severity of the attack, Dr. Jeannie DeClementi, an assistant professor of psychology at IPFW, and a human rights advocate, told Wane.com, “That’s an enormous amount of rage behind that. That’s pretty incredible. When you put it together with the amount of rage and with the violence of the crime, and you add that up with the fact that the victim is gay, I think you have to consider that [the attack was a hate crime],” said DeClementi. A co-worker of Brothers who attended the party but refused to go on camera said to News 15 that the fight started because Chambers and Michalik kept making homosexual passes at guests, and refused to leave the house. This type of accusation, claiming that the victim of an anti-LGBT hate crime is somehow responsible for the violence visited on him, is called the “gay panic defense,” a tactic that is familiar in hate crimes cases across the nation, but has largely been discredited in courts of law.  Indiana’s News Center has learned that Brothers will be formally charged on Thursday.  He is currently being held without bond on a probation violation charge. Brien McElhatten and Scott Sarvay of the News Center report, “While Indiana has no specific hate crime legislation, President Obama signed a federal law into action in 2009 making criminal acts motivated by sexual orientation a federal crime. However, federal charges will not come into play, because the offender must cross state boundaries in the process of committing the crime, according to Huntington County Prosecutor Amy Richison.” The prosecutor will have to make the determination whether to charge Brothers with a hate crime.

May 14, 2010 Posted by | Anglo Americans, anti-LGBT hate crime murder, Beatings and battery, Blame the victim, Bludgeoning, gay men, gay panic defense, Hate Crimes, Heterosexism and homophobia, Indiana, Law and Order, Matthew Shepard Act, Perpetrators of Hate Crime, Social Justice Advocacy, Stomping and Kicking Violence, Uncategorized | , , , , , , , , , , , , , , , | Comments Off on Hoosier Gay Man Beaten To Death

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