UPDATE: 3rd arrest in gay man’s beating

Posted on 02 Nov 2011 at 2:57pm

Burke Burnett

A third suspect has been arrested in the brutal beating of a gay man last weekend in Reno, Texas.

Micky Joe Smith, 25, is expected to face the same charges as the other two suspects — aggravated assault with a deadly weapon and aggravated assault causing serious bodily injury. The charges are second-degree felonies, punishable by up 20 years in prison, and not first-degree felonies as previously reported.

Daniel Martin, 33, and James “Tray” Mitchell Laster III, 31, were arrested late Tuesday in the beating of 26-year-old Burke Burnett. Burnett was stabbed at least twice with a broken beer bottle and thrown onto a fire at a private party early Sunday, by up to four men who yelled gay slurs during the attack.

Martin and Laster are each being held on $250,000 bond, according to the Lamar County Sheriff’s Department. No bond amount had been set for Smith, who was taken into custody today.

Lamar County District Attorney Gary Young, whose office is handling the cases, said it will be up to a grand jury to decide whether they are prosecuted as hate crimes. Under Texas law, a hate crime enhancement could result in the charges being bumped up from second-degree felonies to first-degree felonies — punishable by five to 99 years in prison.

“We’re in the process of receiving all the information as a result of the investigation,” Young said. “We will present all that information to the grand jury, including all the information as to whether it’s a hate crime or not. The grand jury will make a determination whether it [a hate crime] is or isn’t part of the charge. If their actions of committing the aggravated assault are based on race or sexual orientation or whatever it may be, the grand jury can choose to enhance the offense up a level.”

Young declined to further discuss the cases.

Burnett couldn’t immediately be reached, but his friend Chivas Clem said they were relieved at the arrests. Clem previously said he felt authorities may try to brush the crime under the rug.

“The fact that they’re taking it seriously is important and shows good faith on their part that they’re treating gays and lesbians as a legitimate minority,” Clem said.

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