Wisconsin Queer Bashing Suspects Face Trial; Gay Panic Excuse Put to Test
Oshkosh, Wisconsin – Two suspects arrested in the bashing of a gay man outside a gay bar on Christmas Day will go to trial, according to reports from WTAQ News Talk. Lyall Ziebell and Jacob “Jake” Immel-Rhode, both 20, waived their preliminary hearings on January 5. Ziebell entered no plea, and will face arraignment on January 12. Immel-Rhode pled not guilty to all charges, and is due back in court for a pre-trial conference on February 1. The alleged attackers are charged with battery causing great bodily harm, and burglary. The battery charge for both men also carried a hate crime modifier, which increases the penalties for the crimes, if found guilty. If the maximum penalty is invoked, each man could serve 23-and-a-half years in prison and face $40,000 in fines.
The police complaint states that Immel-Rhode and Ziebell agreed to give a cigarette to the victim in exchange for a shot of liquor at PJ’s bar on Oregon Street in Oshkosh just before 2 a.m. on Christmas Day. When the three men came out of the bar to smoke, the attack started almost immediately. Ziebell, who characterized himself as “very homophobic,” hit the victim so hard he collapsed on a car hood, and then fell to the pavement, where Immel-Rhode set upon him, kicking the helpless man while shouting that he was a “stupid faggot.” The alleged assailants excused their actions because they say the victim “tried to hit on” Ziebell who threw the first punch. The complaint further states that the pair robbed a Mexican market on the way home to Ziebell’s house, stealing money and pre-paid cell phones.
The victim suffered a broken jaw and injury to his brain from the brutal attack, and underwent emergency surgery. He was then admitted to Intensive Care. Recently, he was released from the hospital to recuperate at home, and to deal with the emotional trauma of the assault.
The Wisconsin Gazette reports that James Combs, a friend of the victim, has started a petition on Change.org calling attention to the hate crime, and urging Winnebago County Assistant D.A. Adam Levine, Democratic State Senator Jessica King, and others in authority to make sure justice is done in this case, including pursuit of hate crimes charges. The petition can be accessed by clicking here. Combs told the Gazette, “We really need to draw attention to this kind of thing. People have not really grown accustomed to gay people, and there is still violence and horrible things happening.” He also said that a fund to help pay the victim’s hospital expenses is being set up.
Among the most important aspects of this case is the gay panic excuse the attackers gave for their violence against a gay man. In the gay panic defense, alleged homophobic assailants rely upon latent negative feelings in the general public to cloud the issue of the crime, and to lessen popular anger at their deeds. The illogic of the gay panic excuse turns justice on its head: the victim is put under the spotlight, insinuating that he or she was somehow responsible or “had it coming” when violence is perpetrated against them. In its more extreme forms, the innuendo implies that the victims actually went out seeking punishment for their “perverse lifestyle.” When used in court, as by all indications will be done in this case, defense attorneys count on anti-gay prejudice buried in jurors to buy acquittal or a lesser sentence for their clients. Sadly, this has worked in the recent past in American courts, an amazing outcome in the 21st century. James Combs says in the narrative for the Change.org petition, Hate Crime Tolerance in Wisconsin, “We need to let lawmakers know that Gay Panic Defense will never fly as an excuse, and any jury would agree. Let’s make sure they receive the full sentence.”
The gay panic defense is a discredited, out-of-date, and outworn attempt to sully the character of LGBTQ victims of hate crimes, and to obstruct justice. No victim deserves physical attacks for being gay or lesbian in the United States of America. Neither should any victim of an anti-gay hate crime face the burden of emotional distress and public shame by having his character brought into question–an irrelevant point in cases such as these. For defendants to present such a “justification” for their actions in an American courtroom should, by itself, increase the penalty of law for false accusation.
Gay Panic Murder of Homeless Disabled Man in Connecticut

Matthew O'Brien-Veader, on trial for the brutal murder of a homeless disabled man he believed made a sexual advance toward him.
Waterbury, Connecticut – Police officials say that a Waterbury man savagely murdered a homeless disabled man living in the same abandoned factory because of an alleged sexual advance. Matthew O’Brien-Veader, 23, took shelter in the derelict warehouse along with his alleged victim, 39-year-old Joed Olivera, in June 2009. During his sleep, O’Brien-Veader believed that the older disabled man attempted to have sex with him, and flew into a homophobic rage, according to the Republican American. Police arrested O’Brien-Veader June 12, 2009, and charged him with the grisly murder. He was bound over for trial in superior court, which finally began in Waterbury this week after a series of delays.
Court documents say that O’Brien-Veader attempted to throw Olivera down a flight of stairs, beat Olivera with his own pair of crutches until they shattered, and then repeatedly stabbed him with a dagger before throwing Olivera’s body through a jagged hole in the floor to the room below. Others in the factory found Olivera’s body atop a jagged pile of junk, covered with a piece of plywood. One man who saw the mangled body of the homeless victim was so disturbed by the scene that he testified in in Waterbury Superior Court Tuesday to running out of the building and smoking marijuana to calm his nerves. O’Brien-Veader’s friend, Jason Benoit, testified that O’Brien-Veader had a deep aversion to LGBTQ people, and had told him that all gay people should be rounded up and dropped on a deserted island. According to the Hartford Courant, the defendant could receive a life sentence if found guilty.
O’Brien-Veader sat quietly beside his attorney as the case, postponed until over two years after the homicide, unfolded in the Waterbury courtroom. By invoking the gay panic defense, suggesting that the victim was responsible for his own murder, the defense hopes to cloud the minds of jurors enough to lighten the sentence, should their client be found guilty. The recent King-McInerney gay killing in Oxnard, California gave the gay panic defense new life in American courts. Defense attorneys for McInerney, a teen who confessed to the execution-style shooting of his teenaged gay classmate, Larry King, in front of a room full of witnesses, argued that unwanted sexual advances pushed McInerney to pull the trigger. The ploy succeeded in reducing the conviction from murder to manslaughter. O’Brien-Veader’s defense team is hoping that enough residual heterosexism and homophobia exists in jurors to bring a similar result for their client.
Gay Panic Excuse Used to Justify Wisconsin Queer Bashing
Oshkosh, Wisconsin – Christmas morning erupted in anti-gay violence when two Oshkosh men allegedly assaulted a gay man outside a popular tavern patronized by LGBT people, calling the victim “a stupid faggot” while kicking him in the head. According to The Northwestern.com, Lyall B. Ziebell and Jason “Jake” Immel-Rhode, both 20, were charged with battery causing great bodily harm with a hate crime enhancement which will increase the penalties against the men, if found guilty. With the hate crime rider, the men could serve as much as 23 years, six months in prison and face $40,000 in fines for the crime.
The criminal complaint states that Ziebell and Immel-Rhode were walking past PJ’s Bar on Oregon Street at approximately 2:15 a.m. on December 25 when the victim offered to buy them a shot of liquor apiece if they would lend him a cigarette. The three men walked into the bar where the victim made good on his offer for the cigarette. After finishing their drinks, the three went outside the bar where the assault began almost immediately. WTAQ reports that the victim suffered a broken jaw and a brain injury from the savage attack. The criminal complaint also states that the attackers left the scene of the assault to head to Ziebell’s home, and on the way they robbed a Mexican market of cash and pre-paid cell phones. The victim has no doubt, however, that the violence used against him was a response to his being a gay man.
The Northwestern goes on to report that Ziebell admitted to police that he was “very homophobic,” and commenced his assault on the victim when he allegedly “began to hit on me”–clearly a reference to the notorious gay panic defense often invoked in gay bashing trials to suggest that the victim was to blame for the injury done him. Ziebell also said to police that he heard Immel-Rhode shout that the victim was “a stupid faggot” as he kicked him repeatedly in the head.
Court officials ordered Ziebell and Immel-Rhode bound over to Winnebago County Jail, where they are being held on a minimal bail of $3,000 apiece. They are to go to court for preliminary hearings on January 5.
Alleged Butcher of Richard Hernandez Wins Mistrial for Meds Excuse
Denton, Texas – For the second time in a history of delays and postponements, Richard Hernandez’s alleged murderer was ruled “incompetent to stand trial” on November 18 by a Denton County judge. Seth Winder, 31, was ruled unable to assist in his own defense by District Judge Bruce McFarling after an examination finding him either unmedicated for his diagnosed mental impairment, or insufficiently dosed, according to the Crime Blog of the Dallas Morning News. Winder exhibited nearly catatonic behavior during the third day of the trial–evidencing that he had received none of his prescribed drugs for his schizophrenia, or that he had been spitting out and hiding his nighttime dosages, perhaps for weeks before the trial began. No explanation was given for how Winder could have been considered fit for trial on November 16, but zombie-like two days later. Neither was there an explanation of how jailers and med staff at the Denton County Jail could have so woefully neglected to make sure their smart-though-impaired inmate took his meds as directed and actually swallowed them.
Instead of completing the trial process for the gruesome murder and dismemberment of the openly gay Dallasite, Winder was sent to the North Texas State Hospital in Vernon for treatment. The Dallas Observer speculates that Winder may not ever face trial again for the Silence-0f-the-Lambs-style butchery of 38-year-old Hernandez, whose body was never found–save for his internal organs left in the bathtub of his Far North Dallas apartment in September 2008. This marks a second instance that Winder was found unfit to stand trial because of mental issues, the first being in May 2009. Observer reporter Brantley Hargrove found legal opinion divided on whether the Colony resident will have another day in court. Winder’s Defense Attorney, Derek Adame, says he seriously doubts another trial will take place. Denton County Assistant District Attorney Cary Piel, however, believes Winder will face judge and jury again, probably in April 2012.
Winder stands accused of murdering Hernandez in the gay man’s apartment, though the reasons for their relationship remain murky. Both the Morning News and the Observer repeated the unproven allegation that the victim and his supposed killer were gay lovers. Hernandez’s best friend, Rudy Araiza, has staunchly denied the possibility that Winder and Hernandez were ever “lovers,” and makes that point again in a blog response to the Dallas Morning News allegation. “Richard and Seth were ‘Never’ boyfriends!” Araiza said. “I’m not sure why this newspaper is making that statement, I knew Richard for 22 years, I would know!” It may be another instance in which a grisly anti-gay hate crime is toned down for public consumption by partially blaming the victim for his own demise. Media around the country have a notorious record for succumbing to this sensationalist temptation. Investigators said they found pornographic pictures of Winder on the cell phone he lifted from the Hernandez apartment, though no proof has been offered of who took the images, or what they actually depict.
Although the murder weapon was never found, police did retrieve a sword stained with Hernandez’s blood in the tent where Winder was living. Detectives say that Winder used the sword to cut up the gay man’s body. The dismembered parts of the victim were probably disposed of in a nearby dumpster, and then buried under tons of garbage in a landfill, making the body impossible to locate. Winder’s use of Hernandez’s credit cards led police to arrest him. Witnesses placed Winder in Hernandez’s apartment complex at or near the time of the gay man’s disappearance. Forensics found that the blood stains on Winder’s clothing and shoes were a genetic match to the victim.
So, Seth Winder, either crazy like a fox, or a neglected patient (or both), has avoided the jury again. Meanwhile, Richard Hernandez, who in death cannot answer the innuendo against his character, receives no justice. The eerie quiet throughout North Texas surrounding this latest trial development in one of the most heinous crime cases in Dallas history seems to confirm that many have an investment in hushing the whole thing up. Which would not be the first time such a thing has happened in Texas when it comes to violence against the LGBTQ community.
McInerney Pleads Guilty to 2nd-Degree Murder for Executing Larry King
Ventura County, California – The teen killer of a gay classmate has pleaded guilty second-degree murder. Brandon McInerney, 17, 14-years-old at the time he pulled the trigger, shot gay 15-year-old Larry King in the back of the head execution-style at E.O Green Middle School in Oxnard, California in February 2008 before the eyes of his first-period classmates. The facts of the case are undisputed. Rising behind his victim, McInerney pumped two rounds into the back of Larry King’s skull, fulfilling a threat he made to a girlfriend at school the day before. McInerney will receive a 21-year sentence for a crime that many say bears all the hallmarks of a pre-meditated, first-degree hate crime murder.
In September of this year, a mistrial was declared after two months of testimony, due to the inability of the jury to come to a decision about the guilt of young McInerney. Prosecutors had argued for first-degree murder, based on the established pre-meditation and the heinous nature of the crime. Under California law, a 14-year-old may be tried as an adult, and McInerney, who confessed to the murder seemed to fit the statute’s requirements. Prosecutors claimed that because of McInerney’s antipathy toward King’s sexual orientation and gender expression, and because of white supremacist loyalties the killer clearly embraced, the murder was a clear-cut case of anti-LGBT hate crime. Defense turned the tables on the prosecution, putting the dead victim on trial instead of their client. They resurrected the infamous “gay panic/trans panic” defense, drumming their contention into the jurors’ minds that King was the prime aggressor, pressing his flamboyant sexuality toward McInerney until he “snapped.” Enough of the jury bought the ploy that the jury hung. Had the first-degree charge been upheld, the defendant would have received 53 years for his crime.
The Advocate reports that formal sentencing will take place for McInerney on December 19. Twenty-one years in prison is a long time for McInerney to consider that every day he lives is another he stole from a gay classmate because of his discomfort with a person who was different. For the LGBTQ community, the specter of the “gay panic defense,” like a hungry ghost, lingers on, given new energy by this plea deal.
Lives of Colorado Lesbian Couple Threatened in Hate Crime
Parker, Colorado – A lesbian couple were tagged by a death threat on two consecutive days last week in Parker, a town southeast of Denver. On Friday, Aimee Whitchurch and Christel Conklin found a target symbol spray painted on their condo door and the phrase, “KILL THE GAYS,” tagged on their garage door in bright red paint for all the neighbors to see. The next morning, they opened their front door to find a noose laid on their door mat. Whitchurch said that when they discovered the noose, they knew their lives really were at risk.
Not the types to let such serious matters go, the couple responded by complaining to the Home Owners Association of their condo complex, whose president haphazardly splashed white paint over the red spray paint Saturday. His less-than-professional job barely covered the graffiti, and exacerbated the problem. Whitchurch and Conklin responded by taping a sign to the garage door that read, “Solve the problem; don’t paint over it.” The couple told Channel 9 News that they were sure their sexual orientation was the reason for the hateful graffiti attack and the noose. Whitchurch said the neighbors figured out they were not “roommates,” and took homophobic action against them. As Conklin said in the same interview, “Being lesbians is okay, until you start living together,” in Douglas County. “This is where we live. We should feel safe. I am afraid to walk outside my place now,” Whitchurch said. The couple have lived in the condo for nearly six months.
A feud had been brewing between the neighbors and the lesbian couple, according to the women. The Advocate reported that the HOA had complained that they were not picking up the feces after walking their dogs. Conklin answered the charges in detail to Channel 9: “It ridiculous. We have a Mastiff and a Great-Dane, two of the largest breed dogs, if we didn’t pick up after them this entire place would be covered. It’s completely invalid. That’s just common sense,” she said. The couple also own an English Bulldog puppy. Since the initial attack, the lesbians’ car has been keyed, and dog feces has been scattered on their property. Channel 9 reporters have repeatedly tried to contact the HOA officers for a statement, but no one has returned the calls.
Douglas County Sheriff’s Office investigators have been on the case, but have surfaced no persons of interest. Detective Ron Hanovan said to Channel 9: “Right now, we don’t have any leads and no one is in custody.” Two offenses are involved in this attack, Hanovan went on to say, criminal mischief over $1,000, and anti-LGBT crime. Conklin and Whitchurch say they are taking this case to the FBI.
The HOA finally sent a reputable painter to cover the slipshod work the HOA president did on the couple’s garage door. In the meanwhile, Whitchurch and Conklin are not going anywhere. They still walk their adult dogs, and their little bulldog, Ellie May. On electric green and pink poster board, they have put up new signs the neighbors cannot miss. One of them declares, “We are not the gay couple! We are Aimee and Christal!”
Church-Led Gay Bashing in Tennessee: WWJD?
Humbolt, Tennessee – In the quiet outskirts of rural Humbolt, Tennessee, a church with a Fruitland address was the scene for a violent attack on two young gay men simply for arriving at Wednesday evening services. What Would Jesus Do (WWJD) about Church-and-Pastor instigated gay bashing? On September 28, Jerry Pittman Jr. and his boyfriend, Dustin Lee, arrived at Grace Fellowship Church where his father, Jerry Pittman Sr., is the pastor. Just before the gay couple got out of their car, Jerry Jr. heard his father cry, “Sic ’em!,” as a hunter would address a pack of dogs. Two deacons from the church, and Jerry Jr.’s uncle who is also a deacon, attacked the pair while they were still trying to get out of the parked vehicle. WBBJ Eyewitness News interviewed Jerry Jr. soon after the church gay bashed the couple: “My uncle and two other deacons came over to the car per my dad’s request,” young Jerry said. “My uncle smashed me in the door as the other deacon knocked my boyfriend back so he couldn’t help me, punching him in his face and his chest. The other deacon came and hit me through my car window in my back.” The men kept yelling homophobic insults and slurs at the couple even after a Gibson County Deputy Sheriff arrived on the scene. The couple attempted to press charges with the officer, who refused to allow them to do so, implying that they were the cause of the attack themselves. Gibson County Sheriff Chuck Arnold defended the actions of his deputy to the press, saying, “I haven’t talk to him but that would be out of character for my deputy to say unless they were causing a problem themselves.” Media attention has caused the sheriff to temper his remarks in subsequent interviews.
Pittman and Lee did press charges the following Friday against Deacons Billy Sims and Eugene McCoy, as well as Rev. Jerry Pittman Sr. and Deacon Patrick Flatt, the younger Pittman’s uncle. When WBBJ reporters contacted the pastor, he refused comment and demanded that the station not try to communicate with him again.
Evan Hurst of Truth Wins Out gives the latest details on this story that has shocked Christians and non-Christians alike, awakening them to the presence of virulent, anti-gay prejudice in America’s pulpits and pews. Hurst spoke to Jerry Jr. by phone on October 5, who said, “The church acted as four people, instead of as a congregation.” Pittman explained that he and his boyfriend had attended the church before, though they knew the condemning stance of the elder Pittman, who preached anti-gay sermons “when the couple wasn’t there.” Lee had even been invited to sing at Grace Fellowship once when he attended services alone. But marital trouble broke out between Pittman Sr. and Jerry Jr.’s stepmother, and, in Hurst’s words, “the floodgates opened and the church no longer felt the need to stay silent about Jerry, Jr. and his boyfriend.” The charges and counter charges in this case are still being sorted out. All parties are remanded to court on November 22. Meanwhile, Jerry Pittman Jr. and Dustin Lee are left to pick up the pieces of their lives and shattered faith. Jerry Jr. has already lost his job because of the days he has spent pursuing justice for himself and his boyfriend.
West Tennessee is a tough place to be gay or lesbian, much less transgender. Hurst relates a “man-on-the-street” interview in Jackson, in which the reporter asked a passer-by about what he would do if his son brought a boyfriend to church with him. The man candidly said he would shoot them. The culture of hatred, religious intolerance of LGBTQ people, and church-sanctioned violence remains undisturbed in America’s heartland, no matter if there is a federal Matthew Shepard Act to offer some protection legally to marginalized gay people.
Would Jesus condone anti-gay violence? If not, then why is such prejudice overtly and covertly incubated in the nation’s communities of faith, like Grace Fellowship? While it may be simple for many Christians to dismiss the Grace Fellowship hate crime as an aberration in an embarrassing, Pentecostal byway, the silence from every other church in the surrounding area is deafening. The Unfinished Lives Project has shown the link between religious intolerance, religious hate speech, and deadly anti-gay violence. Nine out of ten fatal hate crimes perpetrated against LGBTQ people in the United States were sparked, by admission of the killers, by Bible or Church teaching. If churches cannot speak out against an attack against a young gay couple simply for arriving at a church for services, what will they remain silent about next? WWJD about Christians and Churches who gay bash or stand by silently while others do? Read John 11:35: “Jesus wept.”










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. 

