Tag Archives: beating

Idaho man pleads not guilty to hate crime in killing of gay man

An Idaho man charged with a federal hate crime in the beating death of a gay man pleaded not guilty in Boise’s U.S. District Court.

A March trial was set for 23-year-old Kelly Schneider, who pleaded guilty to first-degree murder in state court this week.

He was indicted earlier this month on the hate crime charge that accused him of attacking Steven Nelson last year because he was gay.

Few documents have been filed in the federal court case so far, but the details of the attack are outlined in the related state court case: Prosecutors say Schneider used an online personals ad on Backdoor.com to lure the 49-year-old Nelson to a remote recreation area near Lake Lowell in southwestern Idaho.

There Nelson was robbed, stripped, beaten and left.

Despite being critically injured, naked and barefoot, Nelson managed to walk to a home about a half-mile away for help. He was able to give police information before he died a few hours later.

Schneider pleaded guilty in state court to first-degree murder.

But Idaho’s state hate crime law doesn’t extend protections to people who are gay or lesbian, and so Schneider was transferred to federal custody to face the hate crime charge.

Schneider was one of four men charged in connection with the attack in Idaho’s state courts.

On Monday, Schneider pleaded guilty to first-degree murder, saying that he intended to rob Nelson but not kill him. He acknowledged that he kicked Nelson repeatedly and that his actions caused Nelson’s death.

In exchange for his guilty plea, state prosecutors agreed to drop robbery, theft and conspiracy charges. He now faces life in state prison, as well as a possible life sentence in federal prison if he is convicted on the federal hate crime charge.

The other three men in the state case — Jayson Woods, 28; Kevin R. Tracy, 21; and Daniel Henkel, 23 — are still awaiting trial on first-degree murder, robbery and conspiracy charges.

Schneider has a lengthy criminal history in Idaho. But the only other violent crime on his record is an injury to an officer conviction that appears to stem from his time spent in the Canyon County jail in 2012.

Still, Deputy Canyon County Prosecutor Chris Boyd said during Schneider’s state court arraignment last year that he believed Schneider had lured and beaten other victims many times before and the sheriff’s office said at the time they had received tips about others who may have been victimized in the same way.

However, no additional cases have been filed against Schneider in state court.

NC church members indicted in beating of gay man

For Matthew Fenner, a crowd of parishioners gathering around him in a church sanctuary after a prayer service was a sign of trouble.

Within minutes, he said they began to berate him because he was gay. One woman told him he was “disgusting.” Then for two hours, they pushed and hit Fenner, screaming at him as they tried to “break me free of the homosexual ‘demons,’” he said in a police affidavit about the Jan. 27, 2013 attack.

Nearly two years later, five Word of Faith Fellowship church in Spindale, North Carolina, members have been indicted for kidnapping and assault in connection with Fenner’s beating.

But the case has opened new wounds in the rural North Carolina community where the church has been a lightning rod of controversy.

Now a student at the University of North Carolina, the 21-year-old Fenner told The Associated Press that he believed his life was in danger that night.

He said he had to press authorities to investigate his allegations because of the church’s influence in the community.

“The line between religion and abuse, they are crossing it quite severely. That’s why I’m doing this. They have to know you cannot hurt people,” he said.

But Joshua Farmer, whose law firm is representing the five church members, said that was nonsense.

“In short, this stuff is an absolute complete fabrication,” Farmer told the AP. “They are innocent of the charges.”

This is the latest controversy to surround the church founded in 1979 by Sam and Jane Whaley. The church, which has 750 members and operates a 35-acre complex in the rural community of Spindale, has been accused for years of enforcing extensive control over its congregation.

Former members say they were told by church leaders where to live and work, what to read, how to dress and when to have sex with their spouses.

Word of Faith also practices “blasting,” a form of hands-on, high-pitched, screaming prayer. The church says it doesn’t celebrate Christmas and other holidays because of their pagan origins.

The church was investigated twice in the late 1990s for its treatment of children but was cleared of any wrongdoing.

In recent years, national gay rights groups have criticized Word of Faith after several young men — whose parents are church members — claimed they were abused because they are gay.

“It’s pretty clear to me … that these individuals wanted to inflict pain on Matthew because of his sexual orientation,” said Brent Childers, executive director of Faith in America, a group that addresses harm done to gay, lesbian, bisexual and transgender people by “misguided religious teachings.”

Several telephone messages for church leaders, including Jane Whaley, were not returned. But Whaley has told the AP that her church has become a “target” — and they have spent millions in the past fighting off claims of abuse.

Rutherford County Sheriff Chris Francis and District Attorney Brad Greenway did not return telephone messages.

Justin Covington, 20, of Rutherfordton; Brooke Covington, 56, of Rutherfordton; Robert Walker Jr., 26, of Spindale; and Adam Bartley, 25, of Rutherfordton have been indicted on one count each of second-degree kidnapping and simple assault.

Sarah Covington Anderson, 27, of Rutherfordton, faces the same charges _ and one count of assault inflicting physical injury by strangulation. It’s unclear how the Covingtons are related, but the indictments show they live at the same Rutherfordton address.

The police documents and interviews with Fenner reveal details of the case.

Fenner’s family joined the church a few years ago at a time when Fenner said he was struggling with his sexuality.

He said he decided to attend the church and its school because of his mother.

“My mom and I were always really close and I just thought maybe I can keep an open mind and see if it works — see if I can change. Obviously, that was really a stupid decision because you can’t change who you are. But in my mind it seemed like the right thing to do,” he said.

During that period, he said he became a tutor, helping other students at the church, and going to services. He said church members suspected he was gay _ and later began harassing him, the police affidavit said.

But Fenner said nothing prepared him for what happened on Jan. 27, 2013.

After a nighttime church service, three members asked him to go to the back of the sanctuary.  In the affidavit, Fenner said the three were soon joined by about 20 others and they surrounded him. And that’s when “deliverance soon ensued.”

He said they began pushing him and hitting him and using “other violent measures” that were all part of the church’s way of trying to cure him of being gay.

It lasted about two hours before they let him leave.

When he got home, he said he told his mother, but she didn’t believe him _ even though he said he was covered in bruises.

He said he went to his grandparents’ house and he called the sheriff’s office. And he said that was the beginning of his struggle to get law enforcement to take action.

Social media sleuths aid investigation into gay couple’s beating in Philadelphia

Police in Philadelphia searching for a group of people suspected in the beating of a gay couple got an outpouring of help from Twitter and Facebook users, who located a photo of the clean-cut young men and women at a restaurant and helped match names to faces.

Attorneys representing a number of those seen in the video notified police they would bring in their clients to tell their side of the story, a police spokesman, Sgt. Eric Gripp, said.

A security video of the group strolling downtown was posted by police earlier this week and set the online community to work.

Within hours, a Twitter user posted a photo of the well-dressed men and women gathered at a restaurant on the night of the attack. Social media users soon figured out which restaurant, used Facebook to find people who had “checked in” there, and started coming up with the names of those pictured.

“This is how Twitter is supposed to work for cops,” Detective Joe Murray tweeted as the crowd-sourced investigation exploded online. “I will take a couple thousand Twitter detectives over any one real detective any day.”

“Love the outpouring of social media sleuthing happening in our city tonight! Let’s keep it up!” another department posting said.

The victims, a gay couple in their late 20s, were held down, punched and beaten after they bumped into a group of about a dozen people on the street, just blocks from a part of town known affectionately as “the Gayborhood.” Members of the group hurled gay slurs as the men were pummeled, police said.

One man was left with a broken eye socket and a wired jaw, while his partner had bruises and a black eye.

A defense lawyer, who spoke to The Associated Press on condition of anonymity because he had not been formally retained, suggested the fight could have stemmed from random contact, not bias. Pennsylvania’s hate-crimes law, in any case, doesn’t cover crimes motivated by a person’s sexual orientation.

The lawyer said he was contacted by a potential client before police posted the video. He said the group consisted largely of working professionals.

Philadelphia police routinely seek the public’s help with criminal investigations through Twitter, YouTube, a department website and other online forums.

German gay rights activist beaten, suffers brain injuries

A German gay rights activist suffered life-threatening brain injuries from a beating in Belgrade, Serbia on Sept. 13.

Authorities said they arrested three people suspected of being involved in the attack on the man, who was attending a gay rights conference in Belgrade.

A spokesperson for an LGBT group in Europe said the attack took place early on the Saturday morning, and that a group of young men beat the man with a glass ashtray. The spokesperson also said the assailants shouted about foreigners.

The man suffered internal bleeding and head injuries that news reports described as serious.

Far-right groups have long promoted anti-LGBT violence in Serbia, where the government has repeatedly vowed to protect human rights in its requests to join the European Union.

The most recent violence led to a pro-LGBT demonstration in Belgrade.

Mother convicted of murdering 4-year-old she thought was gay

Oregon jurors took a little more than an hour to convict a 25-year-old woman of murder in the death of her 4-year-old son. A prosecutor who emphasized that the boy’s sister had witnessed the fatal beating said earlier that a motive behind the violence was the woman’s belief that the boy was gay.

Sentencing for Jessica Dutro was set for April 18 in Washington County Circuit Court.

Little Zachary Dutro-Boggess died of intestinal tears caused by abdominal trauma, The Oregonian reported. He collapsed at the homeless shelter where his family was living southwest of Portland.

Jurors were told that Zachary’s then-7-year-old sister watched her mother and her mother’s boyfriend beat the boy on Aug. 12, 2012.

“They beat up my brother, then he died,” the girl told her counselor. “I seen them.”

The boyfriend, Brian Canady, earlier pleaded guilty to manslaughter and assault for his role in the boy’s death.

The case drew widespread attention after prosecutors asked the court to allow Facebook messages from Dutro into evidence.

In one message to her boyfriend, Dutro wrote using a slur that Zachary would be gay. “He walks like it and talks like it ugh,” she wrote. That made her angry, she added, and directed Canady to “work on” Zachary “big time.”

Prosecutor Megan Johnson told the court the message showed Dutro’s motive for subjecting Zachary to a pattern of abuse. Judge Don Letourneau deemed the message admissible.

Defense lawyer Chris Colburn said the message did not prove any motive on Dutro’s part. Colburn argued none of the evidence tied Dutro to the crime.

In her closing argument, Johnson focused on the little girl’s words, rather than on the Facebook messages.

In his closing, Colburn addressed the Facebook comments and Dutro’s use of a slur.

What she wrote was meant as a joke, he said. While it was offensive, he said it would be ridiculous to draw a connection between the message and the little boy’s death.

Police investigate assault of transgender teen in California high school

Law enforcement officers in Hercules, Calif., on March 4 were investigating a report of an assault on a transgender teen using a high school bathroom.

The Associated Press reported that the 15-year-old student was leaving a boy’s bathroom at Hercules High School on March 3 when three teenagers pushed the victim inside a handicapped stall. There, the attackers physically and sexually assaulted the other teenager, Hercules police Detective Connie Van Putten said.

The teen, who identifies as male, was taken to a hospital for treatment and later on March 3 went home.

“He walked himself to the health center, and was obviously very upset when he talked to officers,” Van Putten told The AP. “He is doing as well as can be expected under the circumstances.”

A new California law — challenged by the Christian right — allows students in public schools to use the bathrooms that match the gender with which they identify. The teen had opted to use the boy’s bathroom.

Van Putten said the attackers reportedly made disparaging remarks to the student, allowing police to treat the incident as a hate crime.

Hercules High School is in the West Contra Costa County School District, which recently amended its hate crime policy to include transgender students. That move followed a report by another teenager at Hercules who said she was bullied by students.

The district also has dealt with prior sexual assaults, which led to the installation of surveillance cameras.

There are not surveillance cameras at Hercules.

As of mid-day on March 4, authorities had not identified any suspects in the case.

Dairy farm workers in undercover video charged with mistreating cows

Four Wisconsin dairy farm workers have been charged with mistreating animals after an animal rights group released secretly recorded video.

Video released in December by the animal rights group Mercy For Animals showed workers at Wiese Brothers Farm attacking sick and injured cows.

Farm owner Mark Wiese told The Associated Press then that he had fired two workers and reassigned a third to duties that didn’t involve animals.

The workers were charged earlier this week in Brown County with multiple counts of mistreating animals. Each count is punishable by up to nine months in prison.

The four are scheduled to appear in court in Green Bay on March 4. They do not have attorneys listed in online court records.

Mercy For Animals said its undercover video showed Abelardo Jaimes, Crescencio Pineda, Lucia Martinez and Misael Monge-Minero “viciously kicking, beating, whipping, dragging and stabbing cows.”

The farm, according to Mercy, supplies cheese to DiGiorno Pizza.

On the Web…

http://www.youtube.com/watch?v=8UaN6wZ1cBA

2 standing trial, charged in gay bashing in Rice Lake

UPDATE: On Feb. 12, the two defendants were acquitted. More to come.

Two people accused in the brutal beating of a gay man in Rice Lake last spring went on trial today (Feb. 11).

Rien L. Hendricks of Rice Lake is charged with substantial battery with the intention of inflicting bodily harm, a felony.

Shannon R. Hendricks also is charged with substantial battery with the intention of inflicting bodily harm.

The two were arrested following an attack on March 17, 2013, in Rice Lake that sent Timothy Phares to the hospital suffering head and facial abrasions, as well as multiple fractures.

Phares had worked with Shannon Hendricks at Applebee’s restaurant.

According to Wisconsin Gazette archives, Rien Hendricks, Shannon’s husband, allegedly struck Phares in the head with a 2×4 in the parking lot of another local restaurant on March 17, 2013.

Rien Hendricks was apprehended shortly after the attack on the battery charge.

Shannon Hendricks, who allegedly drove her husband to the scene of the assault, witnessed it and drove him away, was charged with battery on June 3, 2013.

The defendants face fines of $10,000 and three and a half years in prison if convicted.

Phares has said that when Rien Hendricks attacked him, he shouted, “Fucking faggot, I’m going to kill you.”

In the immediate aftermath of the attack, Applebee’s kept Shannon Hendricks in her position at the restaurant and defended her continued employment: “This very unfortunate personal situation involving two of our franchisee’s employees occurred during their free time and entirely away from the restaurant. The husband of one employee has been charged by policy with felony assault. The police have informed us that this individual’s wife, who works at the restaurant, has not been charged and is not a subject in the investigation.”

At the same time, the restaurant asked Phares — who said he endured anti-gay harassment at Applebee’s — not to return to work because of all the negative publicity.

Phares subsequently returned to his job after Greg Flynn, CEO of Apple American Group Franchise, intervened. He later resigned. And Shannon Hendricks also eventually left the restaurant.

Two days were set aside for the trial in Barron County.

Records indicate that the defendants were in court earlier this month but no plea agreements were reached. Both have pleaded not guilty.

Phares said when he arrived to the courthouse in Barron this morning, he saw that the defendants have two witnesses for the trial. The prosecution has at least eight witnesses, including medical experts and patrons of the local restaurant.

Phares also said he wanted to make a statement to the judge if there is a sentencing phase of the trial. Although the defendants are not charged with bias, he said what happened to him was a hate crime.

Phares was one of the first to testify in the trial.

Cleveland officials rescind letter harassing gay bar that’s been site of numerous hate attacks

Responding to heavy criticism, Cleveland officials are rescinding a letter sent to a gay bar complaining that its employees’ nine calls to law enforcement are over-burdening “the taxpayers of the City of Cleveland” and “our safety forces.”

But the repeated calls from Cocktail Lounge were made due to at least six reported attacks on LGBT patrons heading to and from the bar since last spring. The latest incidents involved a group of about 20 people allegedly beating a 28-year-old patron whose eardrum was ruptured and a group of boys allegedly throwing large rocks at patrons.

Still, the bar was sent a letter on Sept. 6 that read: “The estimated cost for the city safety forces to respond to your property is approximately $100.00 per call for service. l am confident that we share the same goal and that you will take the necessary steps to eliminate the repeated calls for police services to your property. Therefore, within 10 days of the date of this letter, you will be required to submit your action plan to the First District Neighborhood Police Commander (623-5105), outlining your strategy to eliminate the problems at this location.”

Safety director Martin Flask told The Plain Dealer that the letter wasn’t referring to the two recent attacks. He said police would work with the owners to address concerns.

Meanwhile, bar manager James Foster told WEWS-TV that, despite the warning letter, he won’t hesitate to call police if necessary.

Critics of the Cleveland police have said the perpetrators and not the victims should be blamed for the repeated 911 calls.

Transgender woman dies after weekend attack in Harlem

Islan Nettles, a 21-year-old transgender woman attacked in Harlem, N.Y., over the weekend, has died, according to The New York City Anti-Violence Project.

Nettles, according to the AVP, was out with a group of friends on Aug. 17 when a group of men began throwing punches and yelling anti-gay and anti-transgender slurs.

The incident occurred at about West 148th Street and 8th Avenue.

Nettles was taken to Harlem Hospital, where, on Aug. 22, she was declared brain dead and was taken off life-support equipment.

The New York City Police Department has made one arrest in connection with the attack and investigations continue by the NYPD Hate Crimes Task Force and the Manhattan District Attorney’s Office, as well as monitoring by the AVP.

The AVP is organizing a vigil for the evening of Aug. 26.

On Aug. 23, after learning of Nettles’ death, the Human Rights Campaign, the nation’s largest LGBT civil rights group, issued a statement condemning “this horrendous act of violence” and calling on the NYPD to swiftly bring the perpetrators to justice.”

HRC said, “We send our deepest condolences to Ms. Nettles’ family, friends and loved ones and encourage those in NY area to join the AVP for the vigil Monday honoring her life.”