BREAKING: John Wiley Price arrested this morning

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DMN staff photo/2014

The ongoing legal battle centering on Dallas County Commissioner John Wiley Price took a new twist Friday morning when the FBI arrested the embattled incumbent at his home.

The Dallas Morning News reports that a sealed indictment was filed on Wednesday, citing Price for:

• Conspiracy to Commit Bribery Concerning a Local Government Receiving Federal Benefits

• Deprivation of Honest Services by Mail Fraud and Aiding and Abetting

• Conspiracy to Defraud the Internal Revenue Service

• Subscribing to a False and Fraudulent U.S. Individual Income Tax Return.

Price’s attorney Billy Ravkind said he learned of the arrest through media reports. “Next time we want to know something, we’ll call the press,” he told the DMN. “I guess I haven’t been around long enough. I’ve never had this happen before. You win or lose cases in the courtroom. What the government does is irrelevant.”

A press conference will be held at 11 a.m. at the at the Earle Cabell Federal Building in downtown Dallas.

This story is breaking. We will be updating readers throughout the day.

—  James Russell

Dallas stats missing from FBI hate crime report

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The FBI released its 2012 hate-crime statistics, but figures for five of Texas’ largest cities are missing.

Fort Worth reported 14 incidents, but there are no statistics for Dallas, Houston, San Antonio, El Paso or Austin. FBI spokeswoman Katie Chamount said Texas as well as New Jersey missed the publishing deadlines. Complete figures should be available in January.

Nationally, 5,796 hate crimes were reported with 1,135 of them based on sexual orientation.

At first glance, the report shows Texas had a significant drop in hate crimes. A comparison shows 1,089 bias-motivated crimes in California, compared to only 60 in Texas.

Chamount explained there are two reporting systems. Across Texas, 65 agencies, including Fort Worth, used one system and those incidents were reported in the national figures. Of Fort Worth’s 14 reported incidents, three were based on sexual orientation. Lewisville reported two and Rowlett had one based on sexual orientation.

Highland Park, Flower Mound, Frisco and Rockwall as well as DFW Airport reported there were no bias-related crimes in their jurisdictions.

In addition to sexual orientation, the hate-crime categories include race, religion, disability and ethnicity/national origin.

Texas Department of Public Safety also reports hate crime statistic. The DPS report contains information the FBI has not received, but the agency expects to have it in January.

DPS reported 170 incidents. Of those, 53 were anti-LGBT, the second largest group after race. Although that number is three times what the FBI reported, it’s still low compared to California or the 741 bias-motivated incidents reported by New York.

DPS lists 30 hate crimes reported by Dallas, 17 by San Antonio, 13 by Houston, 6 by Austin and 4 by El Paso.

—  David Taffet

Seagoville inmate gets 6 years for hate crime after assaulting gay inmate

jailcellAn inmate at the Federal Correctional Institution in Seagoville has been sentenced to six additional years under a federal hate crime law for assaulting a fellow gay inmate.

John Hall, 27, an Aryan Brotherhood member, had 71 months added on to his sentence Thursday by U.S. District Judge Reed O’Connor after he pleaded guilty to violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act on Nov. 8. He will serve the added time consecutively with the sentence he is currently serving.

Hall punched, kicked and stomped on the inmate’s faces several times and used a dangerous weapon while calling him homophobic slurs on Dec. 20, 2011, because he believed he was gay or involved in a asexual relationship with another inmate, according to a White House press release.

Hall beat the inmate until he lost consciousness, fracturing his eye socket and causing multiple lacerations to his face. He also lost a tooth and fractured other teeth.

After an investigation by the Dallas FBI division, Hall pleaded guilty to the biased assault in November.

“This prosecution sends a clear message that this office, in partnership with attorneys in the department’s Civil Rights Division, will prioritize and aggressively prosecute hate crimes and others civil rights violations in North Texas,” said U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

 

—  Dallasvoice

FW assault now classified as hate crime

AFTERMATH | Jason Sanches, who suffered facial injuries in a May 24 attack, says the Fort Worth officer who initially responded to the attack did not treat the incident seriously.

Fairness Fort Worth criticizes FWPD’s initial handling of attack; asks for FBI to investigate as well. FWPD denies charges of delay in reclassifying attack

TAMMYE NASH  |  Senior Editor
nash@dallasvoice.com

FORT WORTH — Fort Worth police officials this week confirmed that a May 24 attack on two gay men is being investigated as a possible hate crime, but denied charges that classification of the attack as a hate crime was improperly delayed.

The LGBT advocacy group Fairness Fort Worth this week released a statement on Wednesday, June 7, saying that the attack should have been classified as a hate crime in the initial report by responding officers and calling for “additional training of officers about hate crimes.”

In addition, Fairness Fort Worth President Thomas Anable said that on Monday, June 6, he contacted the local office of the FBI to request an investigation of the incident under the federal hate crimes law. Anable said that within hours, the agency had assigned an agent who had contacted him and the Fort Worth PD.

“The FBI will conduct a separate investigation of the incident and is willing to assist the Fort Worth Police Department in its investigation,” according to the Fairness Fort Worth statement.

FBI Special Agent Mark White, media spokesman for the agency’s Dallas office, said Thursday, June 9, he could neither confirm nor deny that the FBI is conducting an investigation, as per office policy.

According to police reports, Jason Sanches, his partner Ray Easley and his sister Joni Mariscal were attacked by a group of six men and one woman outside a convenience store on South Hulen, just south of I-20, in the early morning hours of May 24. The trio had walked over from their nearby apartment, and left the store after buying a pack of gum.

Sanches said that the suspects accused them of “talking shit to my girl” inside the store, and attacked him with a stun gun before shoving and punching him until he fell to the ground.

Easley was also attacked with the stun gun three or four times.

Sanches, who refused ambulance service and later drove himself to the hospital, was hit in the face and had several teeth knocked out. He said Thursday that he is recovering, but still has pain around his eye socket, which was fractured in the attack.

Sanches said he believes that the “girl” to whom the attackers referred was a young Asian woman who is a member of the family that owns the store. He said he did not see the woman in the store before the attack, but that when Easley drove back to the store later to look for the suspects, the woman pulled a gun on him and told him to leave.

Sanches also told Dallas Voice shortly after the attack that he was upset at the way officers and paramedics with MedStar ambulance company that responded to the initial call treated him and his partner and sister. He said the officers and the paramedics did not seem to take the attack seriously and that the officers ignored his statements that the attack was a hate crime.

Sanches said he did tell responding officers that the attackers used anti-gay language, but the initial report, supplied by Fort Worth PD,
includes no mention of the slurs being used.

Sanches said Thursday he has not filed a complaint against the officers, but is considering doing so. He also said he has spoken with a detective to whom the case was assigned, but had not heard anything from officials “since last Wednesday.”

When Sanches first contacted Dallas Voice, Voice staffers suggested he contact Fort Worth police’s LGBT Liaison Officer Sara Straten. According to a spokesman in the department’s media relations office, Straten then filed a supplemental report that included information on the anti-gay language used by the suspects and indicating the attack could be a hate crime.

According to the Fairness Fort Worth statement, Police Chief Jeff Halstead contacted a FFW representative on Monday to notify them the case had been assigned to the major case unit and would be investigated as a hate crime. The statement also said Halstead had “expressed disappointment in the department’s initial steps which failed to properly investigate the incidence as a hate crime.”

But in a statement released late Wednesday, Lt. Paul Henderson, Halstead’s chief of staff, defended the way the department had handled the case.

Henderson’s statement noted that initial reports did not include reference to the anti-gay language suspects used in the attack. But, he added, patrol officers are trained to respond to emergency situations and calls for service, and their “primary mission is to respond and conduct a basic investigation” and file an initial report.

While some patrol officers do conduct “in-depth investigations,” Henderson said, most are “not necessarily trained investigators” and they are not trained to investigate hate crimes.

Henderson said those initial reports are then funneled to detectives in the proper divisions who conduct thorough investigations. Evidence from those investigations is then used to “make determinations if a crime actually occurred, what charge would be filed and whether there are any special circumstances that need to be considered for the district attorney’s office,” he said.

In terms of the Sanches case, Henderson said, “we respectfully disagree that there was a delay in making a determination that this was a potential hate crime. Those types of determinations are made by assigned detectives who are trained investigators.”

Henderson said that based on the initial report by the responding officer, the attack was not considered a potential hate crime and was assigned to a detective in the division where the attack occurred.

However, after Sanches provided a written statement, on May 28, regarding the anti-gay slurs used during the assault, the case was sent to the Major Case Section for further review, and then assigned to a Major Case detective for investigation as a possible hate crime.

“It is important to note that had the responding officer listed the specific details in the original summary narrative regarding anti-gay slurs, the same process of investigation would have taken place, leading us to the same conclusion that this is a potentially hate-motivated crime,” Henderson said.

He also pointed out that “hate crimes are presented as such during the trial for the underlying offense, in this case, aggravated assault. Once a crime is determined to be potentially motivated by hate, it is the responsibility of the prosecuting attorney to determine beyond a reasonable doubt that the defendant intentionally selected the victim or victims based on bias or prejudice.”

LGBT advocates have often criticized the way Texas’ hate crimes law is implemented by prosecutors.

The law allows for enhanced penalties in convictions where crimes were motivated by bias, but prosecutors often choose not to ask for a hate crime conviction and penalty enhancement because of the increased burden of proving such bias existed.

—  John Wright

What’s Brewing: Pro basketball executive Rick Welts, CNN anchor Don Lemon come out

Don Lemon

Your weekday morning blend from Instant Tea:

1. An anti-transgender marriage bill is back on the Texas Senate’s Intent Calendar for today. That means if you haven’t already contacted your senator and urged them to vote against SB 723, by Sen. Tommy Williams, you should do so now by going here. If the bill doesn’t clear the Senate and a House committee by midnight Saturday, it will die.

2. The FBI has expanded its probe into a brutal beating outside a gay nightclub in downtown El Paso to include other recent possible hate crimes in the area, the El Paso Times reports. The victim, 22-year-old Lionel Martinez, remains in a coma more than a week after the attack, and LGBT advocates say El Paso police haven’t been taking anti-gay incidents near the Old Plantation nightclub seriously.

3. The weekend was marked by two pretty big coming-out stories: Rick Welts, president and chief executive officer of the NBA’s Phoenix Suns; and CNN anchor Don Lemon.

—  John Wright

No hate crime in Log Cabin assault

The assault of a Log Cabin Republicans member at the Hilton Anatole in Dallas last weekend — during which the suspect called the victim a “faggot” – won’t be classified as a hate crime for FBI reporting purposes, according to Laura Martin, the Dallas Police Department’s LGBT liaison officer.

Instant Tea reported Tuesday that even though the Log Cabin member opted not to press charges against the suspect, the assault could still be classified as a bias-motivated incident to the FBI, which is required to track hate crimes nationwide. However, Martin said DPD’s intelligence unit has chosen not to classify the incident as a hate crime because it doesn’t appear the assault was motivated by anti-gay bias.

Martin said the suspect’s use of the word “faggot” took place in the heat of an argument between two groups that had established contact earlier in the evening.

“There’s no obvious proof that it’s a hate crime, that the entire contact was based on the suspect’s hatred of gay people,” Martin said. “There’s just no evidence of it, and in fact the complainant [victim] agrees with that. … The complainant doesn’t believe that he was targeted simply because he’s gay.”

—  John Wright

Suspect in Log Cabin assault is servicemember; incident may still be classified as hate crime

Officer Laura Martin

The suspect accused of assaulting a member of Log Cabin Republicans and calling him a “faggot” on Saturday at the Hilton Anatole is a member of the military, according to Laura Martin, the Dallas Police Department’s LGBT liaison officer.

Martin said a police report from the incident indicates that the suspect, a 27-year-old male, is a supervisor or sergeant in the military who was responding to perceived sexual harassment of a subordinate. Other sources suggested that the suspect is a member of the Marines. The suspect’s name is being withheld because Dallas Voice doesn’t typically identify people charged with misdemeanors.

DPD declined to release a copy of the police report from the incident, which occurred at about 1 a.m. Saturday in the lobby bar of the Hilton Anatole, where Log Cabin was holding its National Convention.

Martin said even though the victim has chosen not to press charges — meaning the case will not be prosecuted — DPD may classify the incident as an anti-gay hate crime for the purposes of reporting it to the FBI. She said the police report indicates that someone at the victim’s table — but not the victim — “catcalled” and made sexual gestures toward someone at the suspect’s table, adding that both the suspect and the victim were intoxicated at the time of the incident.

“Someone who was at the complainant’s [victim's] table saw someone who he thought was attractive at another table. When he pointed him out and when the guy got up to to go to the restroom, at least one person catcalled him and made sexual gestures in an obvious manner,” Martin said. “So he went back to his table and told his supervisor, who is also in the military. The supervisor went over then to the table where the guys were to say, ‘Please stop.’ When he went over there to the table the complainant [victim] stood up as he was addressing the group, and the arrested person viewed that as aggressive toward him, so he pushed him down, and that’s how he became injured. I don’t know if the complainant was standing up because he needed to go to the restroom, or if he was standing up to argue, or if he was standing up to stretch his legs, but the guy who was arrested said he viewed it as aggressive.”

—  John Wright

No new leads in trans woman’s murder

Shooting death of Marcal Tye in Northeast Arkansas raises specter of string of unsolved trans murders in nearby Memphis; activists say homophobia, transphobia still rampant in states’ rural areas

TAMMYE NASH  |  Senior Editor
nash@dallasvoice.com

Investigators with the St. Francis County Sheriff’s Department in Arkansas have no new leads in the March 8 murder of transgender woman Marcal Tye, according to Chief Deputy Gene Wingo.

“It’s kind of at a standstill right now,” Wingo said in a telephone interview Wednesday, March 16. “We have a lot of phone records and stuff to check, still, and that’s about all I can say right now.”

Tye, 25, was found shot to death in a rural area right outside the Forrest City limits early on March 8, and evidence at the scene indicated her body had been dragged by a car. Wingo confirmed that investigators had found two .32-caliber shell casings and had made plaster casts of tire tracks found at the scene.

Special Agent Steve Frazier with the FBI office in Little Rock on Wednesday confirmed that the FBI has “a pending civil rights violation investigation under way” and is assisting the St. Francis County Sheriff’s Department with the investigation.

Frazier said he was unable to comment further because the case is pending.

According to media reports immediately after the murder, a friend said Tye had been at a party at a friend’s house on Monday night, March 7, and had left there saying she was going home.
Tye’s body was discovered in the early morning hours on March 8 by a motorist on Hwy. 334, just outside Forrest City, who notified authorities.

Possible hate crime

Because news reports published right after the body was discovered seemed to indicate that Tye’s body had been deliberately dragged behind a car either just before or after she was shot, LGBT activists from Little Rock, about 95 miles to the west, and Memphis, about 45 miles to the east, immediately raised the possibility Tye had been the victim of an anti-transgender hate crime.

Arkansas does not have a state hate crimes law, but the federal Matthew Shepard/James Byrd Hate Crimes Act passed in 2009 does include transgenders.

But St. Francis County Sheriff Billy May has since said several times that the shooting was “an ordinary murder” and not a hate crime. He said that while Tye’s body had been dragged by a car, the dragging appears to have been accidental.

May told reporters that Tye was shot to death and then the suspect appears to have tried to “straddle” her body with a vehicle while driving away, and that Tye’s body inadvertantly got snagged on the undercarriage of the vehicle. May said that tire tracks at the scene indicated the driver had stopped and backed up in an attempt to dislodge Tye’s body.

Frazier said the FBI has made no determination on whether the murder was a hate crime. That determination, he said, is based on evidence and the evidence gathered so far in the Tye murder is not conclusive either way.

But activists in the Arkansas capital of Little Rock, about 95 miles west of Forrest City, and in Memphis, Tenn., about 45 miles east, still believe anti-trans phobia played a role in the killing.

Murders in Memphis

The murder hits an especially raw nerve in Memphis, where at least three trans women have been murdered since 2006. And activists say many others have survived brutal attacks.

“Memphis has developed a reputation across the country for being a very dangerous place for transgender women, especially transgender women of color,” said Will Batts, executive director of the Memphis Gay and Lesbian Community Center. “There is a real climate of fear here.”

Batts said that as far as he knows, Tye was not known around the Memphis community center and did not access programs there.

“We do have a transgender group here at the center, but attendance is rather sporadic,” he said. “The trans women are afraid to come here. They don’t want to be seen here, to be publicly identified as transgender.”

One of the murdered Memphis women was Duanna  Johnson, who made headlines nationwide in February 2008 after video of her being beaten by Memphis police officers in a police station booking area was leaked. Johnson survived that attack but nine months later was found murdered in North Memphis, killed by a single gunshot wound to the head.

Two officers involved in Johnson’s beating lost their jobs and faced federal charges, but Memphis authorities never filed any local charges against them.

That lack of action by local authorities is common in cases involving attacks on LGBT people, and especially on trans women.

“We have tried and tried to get a city ordinance [protecting LGBTs] passed here in Memphis and it has always failed,” Batts said. “The community center has been around for 22 years, and it is located in a fairly progressive and diverse part of the city. But other areas of Memphis are much, much more conservative and anti-LGBT.  We have a lot of strong churches in Memphis, a couple of mega-churches, and a lot of our lawmakers have some very strong ties to those churches.”

Marisa Richmond with the Tennessee Transgender Political Coalition, headquartered in Nashville, agreed that violence against LGBT people and trans women in particular is “much more common than it should be” in Tennessee and especially in the Memphis area.

“Memphis is, I think, a city that feels under siege, specifically the transgender community and especially African-American trans women,” Richmond said. “We have made some progress here in Nashville, but they just can’t seem to gain any ground in Memphis. I think it is making them very, very frustrated.”

Richmond said that some people have suggested that there may be a serial killer targeting transgender women in the Memphis area, but she says there is no real evidence to support that theory.

“I can’t say that possibility doesn’t exist. But I think it’s not a matter of one person, a serial killer, targeting trans women. It’s the atmosphere, the attitude toward LGBT people, toward trans people, in general that is the problem.”

Reaction in Little Rock

Jeana Huie, coordinator for the youth/young adult program at the Center for Artistic Revolution, an LGBT advocacy organization in Little Rock, said this week, Arkansas also has its progressive havens and pockets of phobia.

“The climate [toward LGBT people] is different in different areas of the state. In places like Little Rock and Eureka Springs, it’s pretty progressive. But in the more rural areas, there’s a lot more hostility, more violence, though most of it is verbal, rather than physical,” Huie said.

“It [physical violence] doesn’t happen a lot, but it does still happen. It probably actually happens more than we realize but it just isn’t reported.”

Huie also said that her organization knew little of Tye or her murder other than what has been reported in the media. And she said that CAR had responded to early media reports that described Tye as a crossdresser, a “man in a dress” and a “man in drag” by trying to educate reporters on the correct language to use in reference to transgender people.
CAR was, she said, pleased at the response they received from media outlets in the area.

“When we saw the language that was being used, we put together some educational materials, including a guide we downloaded from the [Gay and Lesbian Alliance Against Defamation] on the language to use when reporting on transgenders, and we went to every national affiliate here in the Little Rock area,” Huie said.

“We actually got a really good response. We were a little surprised at how well they responded to us,” she continued. “When it came to the garish headlines and coverage, I think it wasn’t so much about them being homophobic or transphobic, but more about just a lack of knowledge.

“They all told us they were glad that we came to talk to them and they were glad to have the resources we brought them,” she said. “And most of the stories and headlines [that were objectionable] were changed very quickly after that.”

Huie said her organization was not so satisfied, though, with statements by Sheriff Mays in St. Francis County.

“He has made some pretty callous comments , and he continues to use some problematic language,” she said.

Huie said CAR has had no contact with the St. Francis County Sheriff’s Department, but that the organization has been in contact with Department of Justice representatives in Little Rock and with the LGBT liaison in the FBI’s Little Rock office.

This article appeared in the Dallas Voice print edition March 18, 2011.

_________________________________________

The Memphis victims

LGBT activists in Memphis say their city has developed a national reputation as a dangerous place for transgender women, especially for trans women of color, in the wake of the murders of at least three African-American trans women there since 2006, and attacks on several more.

Ebony Whitaker

The attacks, according to Will Batts with the Memphis Gay and Lesbian Community Center, have created a “climate of fear” in the city.

Trans women who have been murdered or attacked include:

• Tiffany Berry, 21, murdered Feb. 16, 2006 in North Memphis. Berry was shot to death as she exited her apartment, and police soon arrested D’Andre Blake, who allegedly bragged to friends that he had killed Berry because he didn’t like the way she had touched him.
Blake, however, was released on bond of only $20,000, and remained free for more than two years until August 2008, when he was arrested again, this time for the murder of his own 2-year-old daughter.
To date, Blake has not been brought to trial in connection with Berry’s death.

• Ebony Whitaker, 20, murdered July 1, 2008. Whitaker, who relatives later said had had a troubled home life and had received little support or care from her parents, had a history of prostitution dating back to age 16. Her body was found, with a single gunshot wound, in a parking lot near a daycare center in Southeast Memphis.
No one has ever been arrested for Whitaker’s murder, and no suspects have ever been named.

Duanna Johnson

• Duanna Johnson, 43, murdered Nov. 9, 2008. Johnson became the subject of national headlines in February 2008, when a videotape showing two Memphis police officers beating her in the booking area of a Memphis police station was leaked to the press. Johnson said at the time the officers began hitting her after she refused to respond when they spoke to her using anti-trans slurs after she was arrested on prostitution charges.

In the videotape, Officer Bridges McRae is seen striking Johnson repeatedly with his fists and with a pair of handcuffs clutched in one hand as she sits in a chair. A second officer, J. Swain, is seen holding Johnson down as McRae hits her. Both officers were fired and later faced federal charges, although local prosecutors refused to level local charges against them.
Ten months later, Johnson was found lying dead in a downtown Memphis street with a single gunshot wound to the head. No one has ever been arrested in the murder, and no suspects have been named.

• Leeneshia Edwards, shot Dec. 23, 2008. Friends and family members said Edwards worked as a prostitute, and investigators said she appeared to have been in a car with someone and had turned to get out of the vehicle when the suspect shot her at close range in the jaw, side and back.

The attack, which happened in south Memphis, left Edwards in critical condition and she had to undergo several surgeries. No one has ever been arrested in the attack, and no suspect has been named.

This article appeared in the Dallas Voice print edition March 18, 2011.

—  John Wright

FBI now involved in Tye murder investigation

The FBI is now involved in investigating the murder of Marcal Camero Tye, a 25-year-old trans woman found dead near a rural highway outside Forrest Hill, Ark., early Tuesday, March 8, according to reports posted today on AOL News.

Marcal Camero Tye

Special Agent Steve Frazier with the FBI Office in Little Rock told AOL News that the FBI is trying to determine if Tye’s civil rights were violated and would be working to determine if the murder was a hate crime.

Frazier said, “”Part of the civil rights statutes does include hate crimes, and we will be looking at that as a possibility, but right now it is open as a federal civil rights investigation.”

Investigators have said that Tye was shot in the head and her body then dragged down the road either behind or underneath a vehicle. Evidence that the body had been dragged caused activists with the Little Rock LGBT rights group Center for Artistic Revolution to believe the murder was an anti-trans hate crime.

However, Bobby May, sheriff of St. Francis County where Tye was killed, said the dragging appears not to have been intentional.

“Apparently after shooting the individual — we feel like the victim was shot in front of the vehicle — the suspect, whoever it may be, thought they might straddle the body, and in the process of taking off, the body got hung up under the vehicle,” May said. He also said there was evidence the driver had stopped and backed up in an attempt to disloge Tye’s body.

However, Frazier said, if the murder is determined to have been a hate crime, the fact that Arkansas has no state hate crimes law will not be a deterrent.

“Federal law is totally independent of any state law. The state has jurisdiction for homicide investigations, which are a state offense, but we have jurisdiction henever a killing may involve a person’s civil rights. We have federal jurisdiction totally unrelated to the state charge,” Frazier said.

May said investigators do not yet have a suspect in the case. However they did make plaster casts of tire tracks at the site and have found two .32-caliber shell casings at the scene. Tye was shot by a 32.caliber weapon.

Forrest City is located in the northeast portion of Arkansas, about halfway between Little Rock and Memphis, Tenn., on Interstate 40. Memphis Flyer, an alternative newspaper in Memphis, reported Wednesday that Tye’s death is the latest in a series of murders of transgender women in the Memphis area in recent years. Other victims include Duanna Johnson, a trans woman who was shot to death in Memphis in November 2008, just months after she accused two Memphis Police officers of making derogatory remarks about her sexuality and then beating her after arresting her on a prostitution charge in June that same year. The beating was captured on videotape.

Other trans women who have been murdered are Tiffany Berry and Ebony Whitaker.

—  admin

WATCH: Did DPS trooper slam woman’s head into concrete wall because she was leaving gay bar?

When 23-year-old Whitney Fox crashed her car into a concrete wall on the Dallas North Tollway near Lemmon Avenue in October 2009, she and her friends were on their way home from a gay bar, according to her attorney.

As you may have heard, what happened next has led to criminal charges against DPS Trooper Arturo Perez, who slammed Fox’s head into said concrete wall after she allegedly resisted arrest on drunken driving charges. The incident is shown in the shocking new video above.

Last night, Fox 4‘s Steve Eagar asked Fox’s attorney, Randy Isenberg, about the gay aspect of the case.

Eagar: “I don’t think many know this, but she was coming home from a party at a gay bar that night. Your client says when she told the officer that, he had some kind of reaction. She thought he didn’t like it. Does she think that’s why what happened happened?”

Isenberg: “I don’t think she’s blaming her friends that were with her’s orientation for the officer, but she did indicate that there was a change in his demeanor when he learned that.”

Eagar: “Has that been part of the investigation, do you know?”

Isenberg: “Well I don’t really know.”

Eagar: “The FBI investigated?”

Isenberg: “The FBI did look into this and as far as I know they’re still looking into it.”

Eagar: “Into that part of it, that element?”

Isenberg: “Sure.”

—  John Wright