Unfinished Lives

Remembering LGBT Hate Crime Victims

Wisconsin Queer Bashing Suspects Face Trial; Gay Panic Excuse Put to Test

PJ's Bar, Oshkosh, scene of brutal Christmas Day queer bashing (Facebook image)

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.

January 8, 2012 Posted by | Anglo Americans, Anti-LGBT hate crime, Beatings and battery, Blame the victim, gay bashing, gay men, gay panic defense, GLBTQ, Hate Crimes, Heterosexism and homophobia, Law and Order, LGBTQ, Perpetrators of Hate Crime, Slurs and epithets, Social Justice Advocacy, Wisconsin | , , , , , , , , , , , , , , , | 1 Comment

Gay Panic Excuse Used to Justify Wisconsin Queer Bashing

Queer bashing suspects Jason "Jake" Immel-Rhode (l), and Lyall B. Ziebell (r)

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.

December 29, 2011 Posted by | Anglo Americans, Anti-LGBT hate crime, Beatings and battery, Blame the victim, gay bashing, gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, LGBTQ, Perpetrators of Hate Crime, Slurs and epithets, Stomping and Kicking Violence, Wisconsin | , , , , , , , , , , , , , | 13 Comments

Milwaukee Trans Woman “+” Brutally Shot to Death in the Street

Chanel Larkin, FORGE photo

Milwaukee, Wisconsin – A struggle for the assailant’s .357-caliber pistol ended savagely for a Milwaukee trans woman of color on May 7.  Chanel Larkin (née Dana A. Larkin), 26, was shot three times in the head by a man who allegedly picked her up for sex, and offered her $20 to turn a trick.  Authorities contend that Andrew Olacirequi, who was cruising the vicinity for a prostitute, shot Larkin three times in the head when Larkin revealed to him that she was biologically male, according to EDGE Boston. Larkin’s lifeless body was found on the sidewalk along North 23rd Street. Olacirequi was arrested later than night at the scene of the crime when he returned to find a lost cell phone. Law enforcement has charged him with first-degree reckless homicide and use of a deadly weapon.  EDGE reports that he could face up to 65 years in prison for the crimes.  As is so often the situation in transphobic murder cases, law enforcement and media follow the sensational and freakish imaginings of the general public rather than seeking to learn about the real lives lost and the human struggles that trans people face every day of their lives in biased communities.  Michael Silverman, executive director of the Transgender Legal Defense and Education Fund, said to EDGE, “The media matters and phrases like ’cross-dressing prostitute’ are loaded terms playing to a victim-blaming stereotype or a ’transgender panic’ defense,” Silverman explained. “These types of stories play into the cultural stereotype of transgender people somehow committing fraud or trying to trick people, none of which is true.” Michael Munson, Executive Director of FORGE, (For Ourselves: Reworking Gender Expression), has worked tirelessly to express Chanel Larkin’s story to the media in a sensitive and meaningful way, pointing out that Ms. Larkin, who had identified as a woman since her mid-teens, was a vital young trans woman of color who never deserved to die at the hands of transphobic violence.  Munson and FORGE decry the way some mainstream media have mis-characterized Ms. Larkin as “a man posing as a woman.”  She was a trans+ person, according to FORGE standards of address.  “People are much more complex than a set of words and labels,” the FORGE website points out. “‘+’ indicates an expansiveness that words cannot capture, recognizing and welcoming the beautiful diversity within our community.” Chanel Larkin was beloved of her family, especially her siblings and her grandmother.  Over 200 people attended her funeral on May 14, and the trans+ community, as well as the African American, LGBT and entertainment communities are bereaved and deeply affected by her passing.  Ms. Larkin’s story is all-to-familiar on the mean streets of America.  She lived at the crossing point of oppressions: female, trans, black, and poor.  At some point, she resorted to sex work to pay her bills and make a living in a down economy that set the background for the violence she had to risk every day of her too-short life. Speaking to EDGE, Brenda Coley, a staff member at Diverse and Resilient who knew Ms. Larkin, said, “We have to stand up as a [LGBT] community and speak out against this. I hope we’ll see how we’re all really connected and how the problems a person or group of people face are not walled off within that group but permeate through the whole society. None of us are free if some of us are not,” Coley added. “These are not throw-away members of our community. These are precious lives.” Chanel Larkin was not responsible for her death. She fought to live when her alleged assailant pulled his gun on her. She also fought to survive as an authentic person amidst an epidemic of anti-trans violence in a state that has never applied its hate crime statute to any LGBT person, according to activists in Milwaukee. Pressure from trans and LGBT advocates is mounting on the district attorney to designate her murder as a hate crime, and to prosecute her alleged murderer as a hate-killer under the law.  But the ongoing struggle for justice in Milwaukee and around the country will continue to be against poverty, racism, sexism, and prejudice against trans people, whether it comes from the straight or the gay community. Chanel Larkin is beyond harm now. It remains for the living to struggle in her name against the fear and injustice that took her life and the lives of  hundreds like her around the world.

May 21, 2010 Posted by | African Americans, Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Character assassination, funerals, gun violence, Hate Crimes, Heterosexism and homophobia, Law and Order, Legislation, Media Issues, Perpetrators of Hate Crime, Popular Culture, Racism, Social Justice Advocacy, trans-panic defense, transgender persons, transphobia, Uncategorized, Wisconsin | , , , , , , , , , , , , , , | 1 Comment

Anti-LGBT Hate Crimes Incidents Soar in Minnesota, Milwaukee, and Chicago

hate_crime_usa08More concerning news about increasing violence against LGBT people:  Minnesota LGBTs suffered a 48% hike in bias-related hate crimes according to the National Coalition of Anti-Violence Programs (NCAVP) 2008 statistics, issued on Tuesday.  This is a confirmation of the multi-year trend queer Minnesotans have recently faced.  David Hart on Tips-Q, a gay blog site, shares this information from the North Star State: “We are deeply troubled about the 2008 statistics for a number of reasons including the fact that increases in victimization in the Upper Midwest far exceed the national increase of 2%. With Minnesota’s 48% increase in 2008 and continued multi-year trend of such increases, we are concern for the safety of all GLBT Minnesotans even as we continue to work for equality,” said Rebecca Waggoner Kloek, Anti-Violence Program Director of NCAVP member organization OutFront Minnesota.  The same NCAVP report that noted a 28% national increase of hate crime violence against LGBT people in 2008 registered a jump of 64% in Milwaukee, Wisconsin, and a 42% upturn in Chicago, Illinois.

June 18, 2009 Posted by | anti-LGBT hate crime murder, Domestic Violence, harassment, Hate Crime Statistics, Hate Crimes, Illinois, Minnesota, Social Justice Advocacy, Wisconsin | , , , , | Comments Off on Anti-LGBT Hate Crimes Incidents Soar in Minnesota, Milwaukee, and Chicago

   

%d bloggers like this: