Marine Murder Anti-Gay Hate Crime, Prosecutor Says
Washington, D.C. – Yelling anti-gay slurs, a U.S. Marine stabbed another Marine to death after seeing him embrace his male friend outside a popular Barracks Row pub in the nation’s capital. The Washington Post reports that Assistant U.S. Attorney Michael Liebman confirmed that his office is proceeding with anti-gay hate crime charges against Michael Poth, 20, who stabbed Lance Corporal Philip M. Bushong, 23, on April 21. “This was a hate crime,” Liebman said. “The victim and his friend were embracing outside.” The Post goes on to say that a DC Metro Police homicide detective reported that the crime took place because Poth believed the two men hugging were both gay. In fact, while his friend is out and gay, Bushong was heterosexual.
The story confirms what hate crimes activists have seen time and again in fatalities like this: even the assumption that a person is gay or lesbian can be deadly.
Video surveillance of the area shows Bushong lifting his shirt after the attack with a startled look on his face, and then collapsing to the pavement. His assailant had stabbed him once in the chest with a pocket knife. When Poth heard that Bushong had been transported to a hospital to deal with the stab wound, he was heard shouting, “Good! I hope he dies!” Prior to the attack, Poth was heard threatening the two men he saw socializing outside the pub, “I’m going to stab someone and cut their lungs out.” Poth, who had already received a “less-than-honorable discharge” from the Marines according to court testimony, had been under investigation by the Marine Corps since last November for altercations with other Marines, and for drug offenses.
Poth has been charged with second degree murder. His attorney, who claims his client was defending himself from Bushong, unsuccessfully attempted to get the charge lowered to manslaughter. In the altercation, Bushong was heard calling Poth a “boot,” which in Marine slang suggests that Poth was a substandard soldier.
Lesbians Thrown Out of Texas Bar, Then Beaten in Possible Hate Crime
Weir, Texas – A group of lesbians say that they were thrown out of a local bar and then held and beaten because of their sexual orientation. Weir, Texas is a town of 500+ souls in Northeast Williamson County, east of Georgetown and north of Austin. Julie Ward, her sister, sister-in-law, and another friend stopped in the Bunkhouse Bar, the only place to get an adult drink in the town, late on Sunday, according to the Dallas Voice. Ward, one of the victims in the crime, said to KVUE News that she and her party got beers and started playing pool. A female employee of the Bunkhouse approached them to tell them the bar “didn’t serve [their] type,” that they were not welcome there, and to see them out the door. When the group of women moved outside, patrons of the bar followed them into the parking lot, seized them, and commenced to beat them while hurling anti-lesbian slurs at them.
Ward says that women held them while the men from the bar beat them. She told KVUE: “As we came outside into the parking lot, we were followed by the patrons of the bar and our arms were held back by women and we were beaten by men. A man told me if I was going to look like a man, I better be able to take a hit like a man, and I was punched in the face at that moment and hit the ground.” Ward continued: “We’re just people too. We’re normal people that wanted to be in a bar. We wanted to spend our money there. We wanted to play pool there and because of our sexuality we weren’t welcome.” Ward, her friend, and her sister suffered multiple scrapes, bruises, and cuts on their arms and legs from the beating.
A bar spokeswoman says that “sexual preference” didn’t cause the attack. In her version of the incident, the lesbians were “rough housing,” and were asked to leave. No explanation was given of why patrons of the bar followed the victims outside, held and beat them. Weir residents are making the customary defense of their hometown, saying that things like a lesbian beat-down don’t occur in their close knit community.
The Williamson County Sheriff’s Department says that the investigation is ongoing, and if a hate crime was perpetrated, then the case will be treated as a bias crime at that time. No arrests in the beating have yet been announced.
Marine Murdered in Possible Anti-Gay Hate Crime
Washington, D.C. – A U.S. Marine was attacked and stabbed through the heart by a fellow Marine who allegedly ignited the fight by calling him an anti-gay slur. Philip Bushong, 23, was fatally stabbed with a pocket knife on Saturday in the Barracks Row section of D.C. by 20-year-old Michael Poth, according to reports in WTNH News. Gravely wounded, Bushong was rushed to a nearby hospital where he died about an hour later. The stabbing took place near the Marine Barracks and the home of the U.S. Marines Commandant–a bustling section of the U.S. Capitol with shops, restaurants, and residences that is normally thought to be safe because of its proximity to the military barracks.
Witnesses told DC police that Poth called Bushong the homophobic slur as the two Marines passed each other on the sidewalk at about 2:40 a.m., according to the Washington Post. Bushong, who apparently had never met Poth, took exception to the slur, and the fight erupted in front of a sporting goods store. The DC Metro Police are taking the lead on the investigation of Bushong’s murder, assisted by the Naval Crime Investigative Service. Poth was charged Monday with second degree murder, according to WJLA News 7. Bail was denied at the request of representatives of the Marine Corps, and Poth will go to court the next time on May 15. Defense attorneys allege self-defense on their client’s part. When Poth was arrested by Marine guards and told that Bushong was on his way to the hospital, he allegedly told them, “Good! I hope he dies!” Carolyn Eaves, a worker a block away from the scene of the crime, told News 7, “Sad. Two families… now destroyed “We have to learn not to call people names, you know. Got to be on our Ps and Qs all the time. Sad.”
Because of the report of the homophobic slur, hate crimes protocols are being observed in the investigation, and the Gay and Lesbian Task Force of the Metro Police have been brought in. The Advocate reports that OutServe, the first openly gay and lesbian active duty military advocacy organization in the nation, issued a statement on the killing over the weekend. In part, the statement reads: “We are troubled by the specter that this might have been a hate crime; if so, we anticipate the authorities will pursue it to the fullest extent of the law. This is particularly upsetting since, overall, gay and lesbian Marines have been accepted and treated equally in the force since repeal of ‘Don’t Ask, Don’t Tell.’ We look forward to the results of a swift and thorough investigation of this tragic incident.”
Bushong, a Marine since 2007, was stationed at Camp Lejeune in North Carolina. A native of Enfield, Connecticut, he was described by friends and fellow Marines as a fun-loving person who enjoyed his life. Funeral arrangements in Connecticut have not been released to the public at the time of this report.
Hate speech has the capacity to inflame young men, in particular. What prompted one Marine to sling an anti-gay epithet at the other is not known, but neither young man is believed to be gay. The language of violence attached to homophobia is still strong enough to infuriate people like no other speech in our time, and turn otherwise sensible people into combatants, as in this awful case in the nation’s capitol. The Marines have traditionally been felt to have a higher degree of homophobia than the other armed forces, but recent accounts seemed to indicate that the repeal of Don’t Ask, Don’t Tell was going well in the Corps. It seems there is much work left to do, however, until young men like these no longer feel that accusations of homosexuality are intolerable to their manhood.
East Texas Gay Basher Gets 10 Years for Savage Attack
Paris, Texas – The second of three defendants in the Reno, Texas homophobic hate crime attack on a gay man received a 10 year sentence after pleading no contest to the charges against him. Mickey Jo Smith, 25, took his medicine for participating in the savage beating and burning of 28-year-old Burke Burnett that took place after an October 30, 2011 Halloween gathering gone seriously wrong. Smith offered no defense Tuesday against charges of aggravated assault with a deadly weapon, plus a hate crime enhancement, as reported in the Dallas Voice.
Burnett, who suffered multiple bruises, stab wounds, and cuts from a broken beer bottle, plus second degree burns from being bodily dumped in a blazing trash barrel, offered this statement on Wednesday to the Voice: “I am grateful and comforted to hear of the sentencing of Micky Joe Smith. So many people who have endured similar experiences of hate crimes have not been afforded the opportunity to see justice served. The gay community in North Texas is a safer place today.”
In February, James Mitchell Laster, 32, pled no contest, and was sentenced to eight years in prison for his part in the hate crime. The third suspect in the attack, Daniel Shawn Martin, 33, who like the other defendants yelled homophobic slurs at his gay victim while prosecuting his assault, was scheduled to face trial on Wednesday, but according to court officials, his day in court has been postponed.
Texas prosecutors have been reluctant to invoke the state’s hate crimes law in cases involving gay or lesbian victims. The fact that both men convicted in this brutal example of homophobia have been sentenced with a hate crimes enhancement is significant–perhaps indicating that the LGBTQ community’s protests have been heard by state and local officials.
Two Women Plead Guilty to Gay Bashing and Kidnapping in Kentucky

Alexis Jenkins and (Mable) Ashley Jenkins, both 19, convicted of anti-gay hate crime in Eastern Kentucky
Lexington, Kentucky – Two teenaged women pled guilty on Wednesday as accomplices in the kidnapping and assault of a gay man in Harlan, Kentucky. The women are the first persons convicted under the provisions of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, signed into law by President Barack Obama in October 2009. The U.S. Attorney’s Office for the Eastern District of Kentucky announced that Alexis LeAnn Jenkins and Mable Ashley Jenkins, both 19 years old, entered guilty pleas to assisting a pair of cousins, Anthony Ray Jenkins and David Jason Jenkins, in a brutal assault and attempted murder against Kevin Pennington, an openly gay man whom the quartet abducted to Kingdom Come State Park on April 4, 2011. The women’s pleas were sealed for another two days, according to LGBTQ Nation. If they are found guilty of the charges, and no plea bargain agreement is in play, the women could face life sentences. It may be that they agreed to cooperate with federal authorities in order to receive lesser sentences, which will be handed down against them in August as the court schedule now stands. Alexis Jenkins is the spouse of Anthony Jenkins, and (Mable) Ashley Jenkins is his sister and a cousin of (David) Jason Jenkins.
The announcement of the guilty pleas come a day after a federal grand jury indicted Anthony and Jason Jenkins of kidnapping, conspiracy, and carrying out a deadly attack on Pennington because of his sexual orientation. The cousins have entered not guilty pleas to all charges, and will have their day in court on June 18.
In a statement issued Friday by the U.S. Attorney’s Office, the roles played by Alexis and Ashley Jenkins in the near-deadly attack on Pennington became clearer: “The women admitted they lured [Kevin] Pennington into a truck with two other defendants, Anthony Ray Jenkins and David Jason Jenkins. The truck was driven to an Eastern Kentucky state park where Pennington was allegedly assaulted by the male defendants,” the statement says. “Both women waived their right to be indicted and pleaded guilty to the charges brought by U.S. Attorney [Kerry B.] Harvey and the Department of Justice’s Civil Rights Division.”
Though the Jenkins cousins recruited the women to entice Pennington into their Silverado pickup, Alexis and Mable were equally as intent on the gay man’s murder as were the men, according to the details of the federal indictment filed against Anthony and Jason. Kentucky.com reports that the women allegedly cheered on the Jenkins men as they beat Pennington senseless, yelling “Kill the faggot!” Pennington, who is 28, suffered injuries to his chest, head, face, and neck. Had he not escaped his attackers, he has no doubt he would have been killed. Prosecutors indicate that the savagery of the gay bashing is not what qualified it as a federal hate crimes case. Instead, the fact that the defendants transported the victim in their vehicle on a federal roadway allowed the FBI and the U.S. Attorney’s Office to become involved in the investigation and prosecution of the crime. The Kentucky Equality Federation appealed to the U.S. Justice Department to intervene in the case, since local judges and other law enforcement officers were reluctant to carry the investigation forward in an effective way.
Two Kentucky Men Charged By Feds With Anti-Gay Hate Crime: First Use of U.S. Hate Crimes Law

Cousins Anthony Ray Jenkins (l) and David Jason Jenkins (r), indicted under the Shepard/Byrd Hate Crimes Act for anti-gay attack.
Lexington, Kentucky – Two cousins face the first charges filed by the Federal Government under the Matthew Shepard/James Byrd Jr. Hate Crimes Prevention Act for attacking a gay man, as announced by the U.S. Attorney’s Office in Lexington. According to the Associated Press, David Jason Jenkins, 37, of Cumberland, Kentucky, and Anthony Ray Jenkins, 20, of Partridge, Kentucky were indicted early this week by a federal grand jury for a savage April 2011 attack upon Kevin Pennington, a gay man who refused to perform sexual acts upon the cousins. The Jenkins cousins were also indicted on federal kidnapping, assault, and conspiracy charges. Both men pleaded not guilty to the charges. If convicted, each defendant could face a life sentence in prison.
CNN quotes the indictment as saying that the cousins enlisted two women to entice Pennington to get into their pickup truck on April 4, 2011 for a trip into the pristine wilderness of the Kingdom Come State Park in Harlan. “David Jason Jenkins and Anthony Ray Jenkins made a plan to assault Pennington because of his sexual orientation,” the indictment reads. The men wore clothing that made it difficult to see who they were, and disabled the dome light inside the pickup to further obscure their identities. The FBI affadavit says that when David Jason Jenkins demanded Pennington service him sexually, Pennington refused. Jenkins threatened to rape him. The cousins stopped the truck, dragged Pennington out of the cab, and brutally assaulted him while shouting, “How do you like this, Faggot?” Pennington reported to human rights advocates, “The whole time I screamed and begged them to stop, I was screaming I’m sorry for whatever I had done to make them want to do this to me. I can remember seeing bright flashes of light every time one of them would stomp or punch me in the head with them telling me he was going to rape me asking me if I was going to suck his [edited] how they would hold me down if they had to and how he was going to [edited] me in the [edited] dry until I bled.” Knocked unconscious, he lay on the forest floor. He awoke and managed to escape while his assailants were debating how best to dispose of his body. Pennington ran to a ranger station, broke a window to gain access to phone, and called police. He suffered multiple injuries, including wounds to his neck, head, back, and face. After treatment, Pennington was released from hospital care, but says he still struggles emotionally with the effects of the attack. Though the two women, Alexis Leann Combs Jenkins and Mable Ashley Jenkins, have been charged with kidnapping and aiding a kidnapping according to the authorities, Edgeonthenet says they have not been indicted by the federal grand jury.
This case is a landmark use of the Shepard/Byrd Act to prosecute an anti-gay hate crime in the nation, and interest around the nation is running high. Since the cousins used a truck and drove their victim on a federal roadway, the case fell under federal jurisdiction. A U.S. Department of Justice statement read, in part, “The indictment marks the first federal case in the nation charging a violation of the sexual orientation section of the Federal Hate Crimes Law.” Human Rights Campaign’s Michael Cole-Schwartz, who worked for the passage of the Shepard/Byrd Act, said, “It’s vindicating to see that the years of hard work that went into making sure this law was on the books is now being put into place.” Kentucky Equality Federation president, Jordan Palmer, commented on the larger context of the case. “The bigger picture here is that the U.S. attorney’s office is sending a message that you don’t try to hurt someone and you don’t injure them because of their sexual orientation or gender identity,” he said. The Kentucky Equality Federation vigorously lobbied the U.S. Department of Justice to become involved in the case.
As a defense, the cousins claim that Pennington had approached them for illicit drugs, and the deal went bad, a common attempt on the part of perpetrators of hate crimes to deflect attention away from the heinous nature of their acts, and to defame the victim. The Jenkins cousins will face their day in court on June 18.
Gay Bashing Targets Two North Carolina Women

Sarabeth Nordstrom and Erin Johnston, brutally attacked by homophobes in Boone, North Carolina (Q Notes image)
Boone, North Carolina – Two women perceived to be lesbians were targeted by anti-gay violence at a fast food restaurant in Boone, North Carolina. Sarabeth Nordstrom and Erin Johnston, a junior exercise science major at Appalachian State University, were verbally harassed with anti-lesbian slurs at the restaurant on February 11 by two females and a male, according to Q Notes. When Nordstrom and Johnston left for home, the lone male and one of the female harassers followed them. According to Equality North Carolina, the male initiated the attack upon the women at approximately 2:30 a.m. in the parking lot of the apartment complex where the victims lived. Nordstrom was struck in the face repeatedly, sustaining a broken nose, eye socket, and cheekbone. Johnston was knocked to the ground when she tried to call 911 for help, and stomped again and again. Her ribs were broken, her meniscus was torn, and she suffered wounds to her mouth and her nasal cartilage. They were treated at Watauga Medical Center and released.
The victims said they had never met their assailants prior to the incident. The alleged main attacker, Ketoine Jamahl Mitchell, 19, turned himself into Boone Police, and was charged with two counts of assault on a woman, one count of assault inflicting serious injury, and one count of assault with a deadly weapon. Brooklyn Lacrossa Canter, 18, was arrested in early March, and charged with aiding and abetting the assault. Mitchell, who has a larceny record in Caldwell County, is being held in the Watauga Detention Center on a $6,000 secure bond, according to The Appalachian Online. Authorities have set April 17 for the first court appearance of Mitchell and Canter.
As Equality North Carolina points out, there is no hate crimes protection for lesbians, gay men, bisexual people, and transgender people in the state law codes. Since this savage attack, ENC has agitated for the passage of the Safer Communities Act by the NC State Legislature, which specifies LGBT people as a protected class from physical harm. Since anti-gay slurs were shouted by the assailants at the victims during the harassment and attack, by definition this was a hate crime–one law enforcement authorities in North Carolina are not yet equipped to acknowledge or combat.
The Appalachian State community has rallied to the support of the victims. On March 2, a University Forum addressed the question of violence against gay people and women, and on March 5 a benefit was held to give the women a hand with their expenses since the attack. A petition to Governor Bev Perdue and the state legislature to amend the NC hate crimes statutes is collecting signatures on Change.org, and can be accessed here. A Facebook page has been created in support of the petition.
Texas Grandmother Attacks Gay Man With Her Cane; Arrested for Hate Crime

Alleged gay basher, cane-wielding Wanda Derby, 71, arrested for brutally beating a gay man in Richland Hills, Texas while calling him homophobic slurs (Richland Hills PD photo).
Richland Hills, Texas – A 71-year-old grandmother allegedly beat and choked a gay man with her cane, calling him a “faggot” and falsely accusing him of having AIDS. Wanda Derby of Richland Hills, a suburb of Fort Worth, unleashed her homophobic attack on Wednesday night against a 25-year-old gay man her son moved in with last week, according to NBCDFW.com. Derby and her son had been “having issues” for several days, and her son decided to move in with the man and his family who also live in the neighborhood. Tensions had been mounting for weeks, according to the victim. Derby allegedly posted several times on Facebook that her son’s friend had AIDS and was going to die from it. The victim of the attack says he had to reassure his friends the accusation was not true, and that he was disease free.
The victim, who preferred to be unidentified in two news sources but is openly named in a third, says the Wednesday night attack was unprovoked. Derby, he said, struck him with her wooden cane, choked him with the crook of the cane, and then attacked other family members, including the victim’s mother, whom she allegedly slapped in the face. Derby repeatedly yelled homophobic slurs as she carried on the attack. “I was very offended,” the victim said to MSNBC. “You just don’t go around calling people names because. It’s just not normal.” he continued, “We finally got the cane and got it away from her and threw it on the ground. And then that’s when I ran around and got inside the house. And then we started trying to shut the door. And she was like, full force, coming.”
Detective Tye Bell of the Richland Hills Police told the Dallas Voice that the victim suffered multiple bruises on his torso and marks on his neck from the cane. He was treated by the Richland Hills Police on the scene. “[Derby’s] statements were very biased toward sexual preference and that gave us the probable cause to file that as a hate crime,” Bell said to Voice reporters. Derby was arrested Wednesday and charged with aggravated assault with a deadly weapon that may be enhanced due to a hate crimes charge. Without the hate crimes enhancement, Derby could serve a maximum of 20 years in prison, if found guilty. With the hate crimes enhancement, she could face a life sentence. After posting $11,500 bail, she was released on Thursday afternoon from the Richland Hills jail.
The Fort Worth Star-Telegram reports that just hours before the gay bashing, Derby wrote on her Facebook page: “My son Steven is no longer my son. He has sided with the idiots next door and I guess he [thinks] they will take care of him. He will never get another thing from me or his dad. We have washed our hands of him.” Derby was a longtime financial officer of the Mental Health Mental Retardation Association of Tarrant County, and worked for two years at the American Red Cross of Greater Dallas, according to her posts on Facebook.
The victim of Derby’s hate crime, who is an actor, says she deserves to be taught a lesson, and he hopes she receives the full penalty of the law. He went on to tell the Dallas Voice that he was proud of being gay. “She’s not going to make me feel bad for who I am,” he said. “I’m not changing my lifestyle because someone feels I am a disgrace.”
Gay Man Shot at DC IHOP; Female Suspect Arrested for Possible Hate Crime

24-hr. IHOP Restaurant in Columbia Heights where a gay man was gunned down in a possible hate crime March 11.
Columbia Heights, District of Columbia – Metro Police announced Monday that a woman has been arrested for the shooting of a gay man in a local IHOP restaurant. DC Police Chief Cathy L. Lanier and DC Mayor Vincent Gray told reporters that LaShawn Carson, 27, resident of the District, has been arrested for the March 11 shooting in what is being called an anti-gay hate crime. The Washington Times reports that investigating officers say anti-gay epithets were used by the suspect during the attack, leading police to investigate the shooting as a possible hate crime. Two groups of customers engaged in a disturbance at approximately 6:30 a.m. on the 11th at the Columbia Heights IHOP leading to blows being exchanged and water glasses being thrown. Carson was hit in the face in the altercation, backed away, and then opened fire inside the restaurant, yelling epithets at her victim, according to CBS DC. The victim survived, but still has a bullet lodged in his liver.
DC Council Member for District 1, Democrat Jim Blair, commenting on Carson’s arrest, said, “What a relief this is. This was a horrendous hate crime that singled someone out on the perception they were part of a particular group.” The suspect was arraigned on Monday, and will have a preliminary hearing on Thursday. Until authorities can determine if they wish to charge Carson with a hate crime, she is being held without bond. At present, she has been charged with aggravated assault while armed. A surveillance video confirmed who fired the shot. Other persons have been identified in the video, but at no one else has been arrested in connection with the possible hate shooting. Officials are assuring the public that this incident has no relationship with the rash of physical violence against DC gays, lesbians, and transgender persons.







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. 

