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.“
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.
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.
Puerto Rican Teen Killer Pleads Guilty, Gets 99 Years for Hate Murder
Jorge Steven López Mercado
Caguas, Puerto Rico – In a stunning development, Juan José Martínez Matos, sole suspect in the “Silence of the Lambs style” butchery of gay teenager, Jorge Steven López Mercado, pled guilty to murder during a hearing today. Michael Lavers, news editor of EDGE Boston broke the story in the U.S. blogosphere. Though Martínez Matos was to stand trial for the grisly November 2009 murder on May 17, he entered the guilty plea to bring judicial proceedings to an end. Lavers reports, “Martínez told the court he understood the consequences of his actions, and Judge Miriam Camila Jusino immediately sentenced him to 99 years in prison.” Investigators believe that Martínez Matos stabbed the gender-non-conforming López Mercado to death before decapitating and dismembering the body which he then attempted to immolate on a lonely roadside near the mountain village of Cayey on November 12, 2009. News of the horrible murder swept the island, and shocked thousands on the U.S. mainland. Scores of vigils and demonstrations called upon Puerto Rican authorities to invoke a hate crimes statute never used to protect LGBT people, though it was written for that purpose in 2002. The blatant homophobia of the crime was confirmed by Martínez Matos when he confessed today that he hated gay people, but had offered to exchange cocaine for sex with the gay youth. According to the Associated Press, Attorney Celimar Gracia, representing Martínez Matos, told Primera Hora newspaper that prosecutors dropped several weapons-violation charges in exchange for the plea. In the best interests of his client, he said, this was the best way to bring this case to a close. LGBT human rights advocates feared that the religiously conservative Puerto Rican public would be swayed by the introduction of the “homosexual panic” defense by Martínez Matos. The suspect contended that he was “cruising for sex” in an area known for prostitution when he met the gay teen, whom Martínez Matos claimed he thought was a woman. 365gay reported in November that when López Mercado’s murderer learned the youth was actually gay, he “flashed back” to a homosexual rape he had reportedly suffered while in prison on an earlier charge, and killed the boy out of uncontrolled rage. When the “homosexual panic” strategy seemed not to catch hold sufficiently in the media, Martínez Matos’ defense team requested and got a psychological evaluation of their client to determine if he was mentally fit to stand trial. It was determined that he was indeed sane and able to stand trial for the slaying. The López Mercado murder is easily the most notorious anti-LGBT hate crime killing in Puerto Rico’s history, and supporters of the youth’s family did not want the murderer to escape justice by putting the blame upon Jorge Steven for his own death. The dramatic confession in Caguas today removed that possibility. Pedro Julio Serrano, representing the National Gay and Lesbian Task Force in Puerto Rico, a leading LGBT rights advocate, told the AP that there was not a dry eye in the courtroom when the guilty plea was entered. “Nothing is going to bring Jorge Steven back, but today, a bit of justice was done,” Serrano said. Primera Hora, according to Lavers of the EDGE, reported that the slain gay teen’s parents, Miriam Mercado and Juan López, reached out to their son’s murder with words of faith. Full of emotion, López Mercado said, “I want to send a message to Juan (Casper) and tell him there is hope in Christ. The Lord has forgiveness for him, irregardless of what has happened. God has a plan for him if he opens his heart to Christ. God will forgive him also.” Speaking to the EDGE, Pedro Julio Serrano commented on the confession today, saying, “The [López Mercado] family is sending a powerful message to the world of the love that conquers hate. It was very emotional and it brings some closure, but those wounds will never heal.” In his official statement as spokesperson for the National Gay and Lesbian Task Force, and Founder of the human rights organization Puerto Rico Para Tod@s, Serrano summed up the importance of the Martínez Matos confession, its impact on the family and friends of the slain gay youth, and the task remaining for people who struggle against homophobia and transphobia in the U.S. Territory: “This was a brutal crime, and today’s developments have been very emotional for Jorge Steven’s family and friends, as well as to the entire lesbian, gay, bisexual and transgender community in Puerto Rico. While the guilty plea and sentencing bring some closure, these wounds will never heal for those who knew and loved Jorge Steven. Yet, despite how heart-wrenching this has all been, Jorge Steven’s family has been so loving and strong; they have been and continue to be a symbol of love conquering hate. This has inspired me and so many others in our work to keep this from happening again.”
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.
Slain Ecuadoran’s Supporters Denounce One Brooklyn Verdict; Await Another
Hakim Scott listens to closing arguments in his trial for the murder of José Sucuzhañay (Ward photo for the Daily News)
Brooklyn, NY – Hakim Scott, 26, killer of Ecuadoran Immigrant José Sucuzhañay, escaped conviction for murder, but was convicted of manslaughter by a jury in Brooklyn Supreme Court on Thursday. No hate charge was sustained against Scott for the brutal slaying of the 31-year-old Sucuzhañay, who along with his brother Romel was mistaken as a gay man. The brothers were walking arm-in-arm against the cold early on December 7, 2008 in the Bushwick section of Brooklyn when Hakim and Keith Phoenix, hurling anti-gay and anti-hispanic epithets, attacked them with a beer bottle, their heavily shod feet, and an aluminum baseball bat. Family and friends of the victim swiftly denounced the verdict as soft and wrong-headed, according to several news sources. The New York Daily News reports that José’s brother Diego, vigorously maligned the verdict, saying, “There was testimony that these words of hate were used. We believe right now would have been a perfect time to send a message against hate, intolerism [sic] and racism.” On Friday, the Columbus, IN Republic interviewed Christine Quinn, speaker of the New York City Council, as she stood with Sucuzhañay’s three brothers outside the courthouse, “Look, two brothers were walking home. They weren’t bothering anybody. All of a sudden two guys jump out of a car and beat José and leave him for dead, calling him anti-gay and anti-immigrant names? That’s a hate crime,” she said. The Latin American Herald Tribune reported that Quinn further defined what kind of hate crime Sucuzhañay suffered: “Jose Sucuzhañay was murdered because Hakim Scott and Keith Phoenix did not like who he is and who they thought he was,” Quinn said. “And they attacked him, by all accounts, for no other reason than their hatred of the LGBT (lesbian-gay-bisexual-transgender) community and their hatred of Latinos and immigrants. That’s what killed Jose Sucuzhañay.” Quinn, Brooklyn Congresswoman Nydia Velazquez, and a number of other elected officials believe that the manslaughter verdict, which may entail a 25-year prison term for Scott, to be too lenient for such a savage killing. Diego, speaking for the Sucuzhañays on the courthouse steps during a Friday press conference, said, “The judicial system has failed to send a clear message. Our family still can’t understand how the jury has come to the conclusion that the attack on my brothers and the murder of José was not motivated by hate,” according to the LAHT. The trial of Keith Phoenix, who allegedly swung the bat so hard that it burst his victim’s skull, is still proceeding. The 30-year-old African American is being tried before a second jury seated in the same courtroom as the jury that convicted Scott of manslaughter. Phoenix is charged with murder and murder as a hate crime in the case. Members of the Scott jury who were willing to speak to the press speculated that Phoenix may likely be convicted of a hate crime for his part in the grisly bludgeoning of the Ecuadoran businessman. A verdict in his trial is expected sometime next week. As supporters await the Phoenix verdict, Walter Sinche, Director of the international Ecuadoran Alliance told a reporter for the Daily News, “Someday maybe we’ll get justice. Hopefully, these types of attacks will stop.”
The Long Ordeal of Craig Cohen
Fort Lauderdale. Florida – Over a year ago, Craig Cohen, 47, “the little guy with a big heart,” lost his life to a gay-bashing. He died October 7, 2009 in a coma from complications suffered from the fatal attack that crushed his skull in Oak Park on April 6. Since the night of his assault, Cohen never regained consciousness. Surrounded by his human family and friends, and the rescue animals who were his beloved “kids,” gentle Craig breathed his last in a hospice room. Six brain surgeries failed. The awful vigil by his bedside had come to a close. But the Ordeal of Craig Cohen is far from over. The four young men accused of attacking him, Pargu Leandro, 25, Victor Gonzalez, 21, Brandon Edwards, 19, and Chad Olah, 18, are still in the Broward Sheriff’s Main Jail, charged with first-degree murder. The courts, according to fresh reports on the Facebook honor site, “Love for Craig Cohen,” are moving at a glacial pace, plagued by motions to postpone hearings. Nothing can be resolved until two things are finally accomplished: First, the trials must bring to light the facts and the motives that prompted these four suspects to target Cohen and a second victim, David Villanova, and brutally beat these two gay men who were each alone and vulnerable on a dark street. The quartet are charged with stomping in Cohen’s face and skull, crushing his facial bones, blinding him, leaving him paralyzed and severely brain damaged. Reports suggest that the suspects took turns kicking him, laughing about what they were doing to the little man. The Broward Sheriff’s Office has considered this attack a robbery, and has investigated it that way, although the alleged robbers never stole a thing from Cohen. His Facebook friends write, “when Craig was found and taken to Broward General, he had his wallet, credit cards, cash and his watch.” Apparently one of the attackers kicked his cell phone out of his hand as he was trying to call 911. According to a report given to the Broward Palm Beach New Times, one of the bashers lifted the phone and gave it to a homeless man down the street. As the informant said to BPBT, that “doesn’t sound like a robbery to me.” From the beginning, his friends have firmly believed that their beloved Craig was killed because he was gay. Second, the cause Craig Cohen dedicated his life to must be supported: his determination to provide shelter and a home for animals who lost their human parents due to illness or sudden death. Craig was a long-time senior employee of the school board. He had barely a year to go before he could retire with 25 years under his belt, and open the shelter of his dreams. Since he was a boy, Craig had loved and rescued animals. He had purchased a tract of land out in the country in northern Florida for his animal sanctuary. Craig left behind his dog Eddie and his five indoor cats, orphaned by his death, just as the many pets left behind after the deaths of other human parents had been. Eddie was adopted by close friends. The cats, some of them 14 years old, were harder to place. The Craig Cohen Animal Advocacy Project (CCAAP), http://www.petprojectforpets.org, has been founded in Craig’s memory to find new parents for orphaned animals, in fulfillment of this gentle gay man’s dream. The LGBT community of Wilton Manors and Fort Lauderdale miss Craig Cohen. So do the food banks, the homeless shelters, and the animal protection agencies he worked so tirelessly to support. Craig will have his day in court, many days to come, it seems. Craig’s cause has found and will continue to find support among those who loved him, and those of us who have come to admire the “little guy with the big heart.” But his ordeal will not be over until senseless attacks against LGBT people in Florida and around the nation finally cease, and in their place we finally learn to treat each other at least as mammals, and not as things.
In the hospice, with his beloved Eddie
Transphobic Attacker Slashes “IT” into Chest of Victim
Long Beach, CA – A Cal State Long Beach graduate student who identifies as a transgender man was forced into a campus toilet stall on April 15 and had the word “IT” carved into his chest with a sharp instrument. The mystery attacker, depicted to the left in a police composite sketch, approached his mark in a men’s toilet on the west side of the campus at around 9:30 pm. He somehow knew his victim’s name, asking if his name was “Colle.” When Colle Carpenter, a 27-year-old F to M graduate student, said yes, the attacker pushed his target into the stall, forcing him against the stall door. He grabbed Carpenter by the T-shirt, yanking it up over his head and exposing his bare chest, as reported by the Long Beach Press-Telegram. After slashing Carpenter, the assailant rushed form the scene, leaving his victim bleeding, shaken, and terrorized. The suspect, described as a 5-foot-10-inch, thin white male with light complexion and dark hair, has neither been identified nor apprehended as of this writing. He was wearing a dark hooded sweatshirt and dark khaki shorts, according to Rick Gloady, a spokesperson for CSULB. As the investigation has proceeded, some community organizations have criticized the university for not immediately releasing information about the attack to the press. Carpenter, however, defended the school’s actions to the L.A.Times blog, L.A.Now, “I’m aware the university has come under some criticisms regarding communications and response, in general,” he said. “But again, I feel that the administration’s response has been focused on the investigation and my wellbeing.” Scores of concerned students and townspeople gathered in support of Carpenter and all victims of transphobia on campus this past Thursday for a “Take Back the Night” march and rally. Carpenter, still recovering from his injuries and leaning on a cane, told the crowd that his attacker was motivated by hatred. The word carved into the flesh of his chest was chosen to demean him as a human being, trying to make him feel “less than human.” But his foe ultimately failed. “I am not less than human,” he told his supporters, “I am not more than or less than anyone standing here today.” Carpenter went on to say, “I know this did not just happen to me. This happened to every member of the community. Those of us who are visibly queer are scared. I have been terrified to come back to campus.” He concluded his remarks, “Thank you for helping me get through this.” Campus officials said that the slashing attack was a one-of-a-kind incident, and do not expect there to be another like it. Meanwhile, the manhunt continues for the transphobic suspect who signs his bigotry in the flesh and blood of his victims.
Anti-Gay, Anti-Latino Murder Trial in Brooklyn; Assailants “Didn’t Like the Way They Looked”
José Sucuzhañay
Brooklyn, New York – After a year and a half, a murdered Ecuadoran immigrant mistaken as gay may get some justice. José Sucuzhañay, 31, a native of Ecuador with a real estate brokerage in New York, was savagely dispatched with a beer bottle, kicks and stomps, and an aluminum baseball bat, according to testimony reported by media throughout the Five Boroughs of New York. The trials of Hakim Scott, 26, and Keith Phoenix, 30, got underway in Brooklyn Supreme Court on April 10 for the 2008 murder of Sucuzhañay. Charges against the pair include second-degree murder, manslaughter, assault, and murder as a hate crime. If convicted, the alleged killers could face sentences of 78-years-to-life imprisonment. The defendants are being tried simultaneously before separate juries in a precisely choreographed judicial drama. At times, both juries are seated to hear the same testimony. At other times, dictated by the presentation of evidence, only one jury is present in the courtroom. As reported by the New York Times, José Sucuzhañay and his brother, Romel, visiting from Ecuador, were attacked at 3 a.m. on December 7, 2008 in the Bushwick section of Brooklyn because Scott and Phoenix “didn’t like the way they looked.” Prosecutor Josh Hanshaft, referring to Phoenix who allegedly wielded the bat, told the juries, “He didn’t like that they were Hispanic. From his eyes, it appeared they were a gay couple, a way of life he didn’t like and wasn’t going to tolerate.” In reality, both men were heterosexual. The Latino brothers had been drinking at parties in the neighborhood and were tipsy enough that they uninhibitedly hugged each other for support and warmth on a bitterly old night as they walked along. The attackers, who had also been partying that night, set upon them, yelling “faggot ass niggers” and “fucking Spanish,” from Phoenix’s red SUV. The prosecution believe that both assailants acted in concert to effect their victim’s death. Scott, Hanshaft said, emerged from the auto and smashed a beer bottle over José’s head. He then charged Romel with the deadly shards of broken glass, slashing at his neck. Phoenix took the bat, swinging it “high above his head,” and struck Sucuzhañay “over and over and over again,” Hanshaft said. “He came back with the bat and hit him two to three times on the head, cracking his skull wide open.” A Brooklyn cabbie at the scene witnessed the attack well enough to capture the license plate of the red SUV, but then had to cover his eyes with his hands, unable to watch the coup de grâce delivered by Phoenix. As reported by Chelsea Now, taxi driver Davi Almonte, speaking through an interpreter, told the court, “I didn’t want to see the head explode when it was hit. I could hear the impact [of the bat crushing his skull].” According to NY1, in testimony on the trial’s second day, Demetrius Nathaniels, cousin of Keith Phoenix, heard the bones cracking as Phoenix bludgeoned Sucuzhañay with the bat on his head, back, side and ribs. A coroner’s report confirmed that José died of a fractured skull from blunt force trauma. Romel, only superficially injured by Scott’s assault, was left stunned, nearly catatonic by the body of his brother who lay in a massive pool of blood, and had to be led away by police responding to the alarm raised by witnesses. The alleged killers sped from the scene. A toll booth video capture of the red SUV on the Triborough Bridge clearly shows Phoenix laughing and smiling barely 19 minutes after the fatal attack. Sucuzhañay was left brain dead, and placed on a ventilator at Elmhurst Hospital in Queens where he finally succumbed on December 12. An outpouring of grief and rage followed news of the murder, both in New York and in Sucuzhañay’s native Ecuador where the slain immigrant was given a near-state funeral attended by hundreds. New York Gay and Latino advocacy groups organized protests and vigils, while city officials roundly condemned the brutal killing. Philip J. Smallman, attorney for Phoenix, summed up the consensus of all concerned with events of December 7: “Does anything good happen at 3 o’clock on a Sunday morning in 30-degree weather, with people with bellies full of booze?” he asked. The Brooklyn trial is expected to last for a number of weeks.
Gay College Student Beaten by Homophobes, Ignored by Oklahoma Police
Claremore, OK – A 24-year-old gay college student was beaten late last month by three men screaming anti-gay slurs as he took out the trash at his apartment complex. Phillip Nelson, an out and open gay man, was jumped and thrashed in the quiet town of Claremore, approximately a half hour drive north of Tulsa. Investigators have basically blown off the incident, leaving Nelson emotionally wounded in addition to his physical injuries (see photo at left). EDGE reports that Nelson is struggling to cope with the combination of brutal attack and police indifference to a hate crime against him. “I keep calling them and leaving voice mails but I never hear anything back,” Nelson said during an EDGE interview. “No one ever returns my calls, which has me wondering if they’re kind of trying to let this thing die out and go away, or if they are going to do anything about it.” Media coverage outside the gay blogosphere has been sparce. Besides the EDGE report, which according to Michael Lavers grew from a tip given by one of their readers, only one other story has appeared in the news media. Oklahoma lawmakers aver that laws protecting LGBT people are not needed in their state, and in a notorious move by State Senator Steve Russell, legislation has been introduced to circumvent the James Bryd, Jr. and Matthew Shepard Hate Crimes Prevention Act, signed into law by President Obama in October 2009. The Oklahoma House of Representatives has not yet voted on the bill, which passed the State Senate last month. Nelson’s case is a clear reason why protection statutes for LGBT Oklahomans is urgently needed. Nelson’s three attackers who remain unapprehended by local police as of this writing, assaulted him while screaming “You are going to die!” and “Faggot!” leaving him with multiple bruises and cuts on his face and over his body. Days later, his antagonists broke into Nelson’s apartment and scrawled “Fag” on the walls. Though Nelson reported the beating to Claremore police, no police report of the attack was filed until Nelson called in law enforcement for the break-in. Then, in what may have been an attempt to cover their tracks, the police insisted that Nelson file separate reports on both crimes. The whole ordeal has shaken Nelson, but as he told EDGE, he has had to face homophobia all his young life. “I’ve been called names all my life, even by my family members; and after a while I learned to get numb from it,” he said. “I just got numb from a lot of things. I’m happy with myself and that’s all that matters.” LGBT Oklahomans grow tough in the Sooner State. They have to.
About
If you are a first-time visitor to the Unfinished Lives Project website, we invite you to read A Welcome Message introducing you to our project. We are truly grateful for your visit.
The Unfinished Lives Project website is a place of public discourse which remembers and honors LGBTQ hate crime victims, while also revealing the reality of unseen violence perpetrated against people whose only “offense” is their sexual orientation, gender identity, or gender presentation. LGBTQ people in the United States are suffering a slow-rolling decimation of terror and murder all across the country. Every locale and demographic of society are affected: First Nations, Anglo, Black, Latino and Latina, South and Southeast Asian, Transgender, Bisexuals, Gay men, Lesbians, disabled, young, and mature. Homophobia has a long, crooked arm, and it is reaching out to snatch the life away from women and men whose tragic stories are under-reported to begin with, and whose memories are swiftly forgotten.
The horror of these killings transcends the shock and bereavement of loved ones and friends. These are not typical homicides; they are not killings for money or drugs, incidents of domestic strife, or crimes of passion. The vicious nature of hate crimes against LGBTQ persons is extremely brutal, grotesquely violent, and egregiously hateful.
Each murder serves the LGBTQ population as a sobering warning about the actual level of danger in our communities. The message these killings send is that freedom and open life for LGBTQ people is a cruel dream. Every time we remember one of these victims, however, the intentions of their killers are frustrated. To remember these women and men is to begin the process of changing the culture that killed them.
Our Project Director
Dr. Stephen V. Sprinkle (Keith Tew photo).
Stephen V. Sprinkle is Director of Field Education and Supervised Ministry, and Professor of Practical Theology at Brite Divinity School, Fort Worth, Texas, a post he has held since 1994. An ordained Baptist minister, he is the first open and out Gay scholar in the history of the Divinity School, and the first open and out LGBTQ person to be tenured there. Read More…
Recent Social Justice Advocacy Activity By Dr. Sprinkle
Summer 2009 – Dr. Sprinkle responded to the Fort Worth Police Department and Texas Alcoholic Beverage Commission Raid on the Rainbow Lounge, Fort Worth’s newest gay bar, on June 28, 2009, the exact 40th Anniversary of the Stonewall Rebellion. Dr. Sprinkle was invited to speak at three protest events sponsored by Queer LiberAction of Dallas. Here, he is keynoting the Rainbow Lounge Protest at the Tarrant County Courthouse on July 12, 2009. Read More…
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Dr. Sprinkle will gladly present his acclaimed presentation to your organization. To arrange an Unfinished Lives presentation for your organization or group, please contact us.
Dr. Sprinkle has given his Unfinished Lives presentation to these and other community groups and organizations. Read More…
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Publisher: Steve Sprinkle (Project Director)
Steve Sprinkle
Unfinished Lives: Remembering LGBT Hate Crime VictimsBrite Divinity School/Texas Christian UniversityFort Worth TXprofessor, minister, author, blogger, LGBTQ advocate
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