Temple police investigate possible hate crime

Adrian Lopez said a group of teenagers approached him and his friends and started asking about their tattoos, before assaulting them after they found out they were gay. (via Facebook)

Police are investigating a possible anti-gay hate crime that occurred at a popular lakeside park in Temple last week.

Adrian Lopez, 23, of Killeen, said he and two friends were visiting Temple Lake Park at Lake Belton on Wednesday when a group of teenagers assaulted them.

Lopez, who is gay, said the incident began at about sunset when a group of roughly seven teenagers, who appeared to be high school seniors, came over and struck up a conversation with him and his friends.

The teenagers were asking about their tattoos, before the conversation turned to religious beliefs and it came out that Lopez and his two friends were gay. Lopez said the teenagers started verbally “gay-bashing” them, saying things like “Y’all are going to hell” and “God doesn’t like gay people.”

Lopez and his friends got up to leave, but the group approached them again as they were walking toward their car. That’s when Lopez said one of the teenagers sucker-punched him from behind, briefly knocking him unconscious.

Lopez said he suffered a hole in his lip where his teeth cut through it, as well as multiple bruises. He was treated by paramedics at the scene, but he said one of his friends suffered more serious injuries, including a possible broken jaw, and had to go the hospital.

“I know this was an act of more than violence,” Lopez told Instant Tea on Friday. “I just feel that if they hadn’t found out that we were gay, it wouldn’t have happened.”

Sgt. Brad Hunt, a spokesman for the Temple Police Department, said in an email this morning that the incident is under investigation and is being treated as a class-A misdemeanor assault. Hunt said police were dispatched to a report of a fight at Temple Lake Park at about 8:15 p.m. on Wednesday.

“The victim and witnesses advise he was assaulted by a male suspect, because of the suspect’s perception of the victim’s sexual orientation,” Hunt said. “The suspect and his group had left in a vehicle prior to officers’ arrival, but were located and stopped a short time later. The identified suspect from that group is a juvenile, and his name will not be released. An offense report was generated on 6-1-11, by the responding officers, and the case is an active investigation. Classification as a ‘Hate Crime’ occurs at the prosecutorial level, as set forth in Texas Code of Criminal Procedure Art. 2.211 (Hate Crime Reporting), and Art. 42.014 (Finding that Offense was Committed Because of Bias or Prejudice).”

Hunt said he could not release any additional information about the case and he didn’t respond to further questions.

—  John Wright

Gay couple attacked in south FW

Hate crimes unit declines to investigate, but FWPD is requesting video that may identify attackers

DAVID TAFFET | Staff Writer
taffet@dallasvoice.com

Jason Sanches was walking with his partner and sister from his apartment off South Hulen Street in Fort Worth to a convenience store across the street at about 2 a.m. on Monday, May 23, when he heard someone call out “mother-fucking faggot” before they entered the store.

When they left the store, Sanches said, “Six people came running after us and shouted ‘fucking queer.’”

The three reached the front of their apartment complex on South Hulen Street before their pursuers caught up with them.

“I was tazed, hit in the face and had teeth knocked out,” Sanches said.

He said his partner was hit with the tazer three times but wasn’t punched.

Before Sanches’ sister was attacked, a security guard from their complex heard the noise and flashed a light in their direction, causing the six attackers to flee.

Sanches thinks that one of the attackers is related to the owner of the Shell convenience store across from his apartment.

They called 911 who dispatched police. Emergency Medical Services responded as well.

Sanches said in addition to losing teeth, he sustained a fracture near his eye.

He said his treatment by the police and EMS was not what he would have expected.

“The police didn’t care what I was talking about,” he said. “They had an ‘I don’t give a shit’ attitude.”

But they did take a report, he said.

When emergency medical services arrived, Sanches said the EMS told them they “didn’t have all day.” He said he was disoriented after the attack, and instead of getting into the ambulance, he told the medics he would take himself to the hospital.

Sanches drove himself to the Southwest Fort Worth Baylor hospital, a few blocks from his house, where he was treated for his injuries.

After calling Dallas Voice, Sanches contacted Fort Worth Police’s LGBT liaison Officer Sara Straten because he thought the patrol officers who took the report were ignoring his description of the attack as a hate crime.

The hate crime division has declined to investigate the case but has passed it to a detective in the South Division who spoke to Sanches, his partner and sister on Saturday, May 28.

Sanches said that Det. Ruben Towns told him that he was surprised the hate crimes unit turned the case down but that he was investigating.

Sanches believes that a woman in the group is related to the owner of the convenience store.

Towns is requesting video from the convenience store hoping to make an identification among the group of attackers.

—  John Wright

WATCH: Rally against hate in El Paso

About 30 people attended a “Fight Against Hate Crimes” rally in front of the El Paso County Courthouse on Friday, the El Paso Times reports. The rally was organized in response to a brutal attack outside the Old Plantation gay nightclub in downtown El Paso earlier this month. Four suspects have been arrested in the May 7 beating of 22-year-old Lionel Martinez, which family members say was an anti-gay hate crime. Martinez’s sister says he finally regained consciousness last Wednesday but remains in critical condition and is struggling with his memory. LGBT advocates say El Paso police haven’t done enough to address violence in the area of the Old Plantation. A fundraiser to help Martinez’s family reportedly is planned for June 5 at the nightclub.

—  John Wright

Time to start blaming the bigots behind the repeal of DP benefits for anti-gay violence in El Paso

Pastor Tom Brown of Word of Life Church was the driving force behind a ballot measure to repeal DP benefits in El Paso.

A fourth suspect has been arrested in connection with a brutal assault outside the Old Plantation gay nightclub in downtown El Paso on May 7, which the victim’s family members claim was a hate crime.

Manny Portillo, 19, was served with a warrant in the El Paso case while in custody on unrelated charges in Las Cruces, N.M. Portillo now awaits extradition back to Texas.

The other three men who’ve been arrested in the El Paso case are a 19-year-old, a 17-year-old and a 16-year-old. The victim, 22-year-old Lionel Martinez, remains in critical condition. A total of six suspects punched, kicked and beat Martinez with a baseball bat while he was waiting for a ride outside the Old Plantation. Martinez’s sister, who witnessed the crime, has said that although her brother is not gay, she believes it was a hate crime because the suspects were yelling anti-gay slurs.

El Paso police say the attack was gang-related and they aren’t treating it as a hate crime. However, the FBI is investigating the incident as a civil rights violation.

It’ s difficult to ignore the connection between this brutal crime and the ballot measure to repeal domestic partner benefits for El Paso city employees, which was upheld by a federal judge last week. For one thing, both cases serve to make El Paso look like an unwelcoming place for LGBT people — especially given allegations from LGBT advocates that police haven’t done enough to address violence in the area of the Old Plantation.

Beyond that, though, the ballot measure to repeal DP benefits effectively legitimizes anti-gay hatred and sends a dangerous message to all of society. The blood is on the hands of the bigots who were behind this initiative.

An anti-hate rally is scheduled for 11 this morning in front of the El Paso County Courthouse.

—  John Wright

DPD’s full report on the assault of a Log Cabin Republicans member at the Hilton Anatole

Surely you recall the case of a Log Cabin Republicans member who was assaulted by a Marine at the Hilton Anatole during the gay GOP group’s National Convention last month. You may also remember that the Dallas Police Department initially declined to release its report from the incident. This prompted Instant Tea to file a request under the Texas Public Information Act, and earlier this week we obtained a copy of the report.

You can read the narrative sections of the report by going here and here. You’ll notice that we’ve redacted the names of the suspect, victim and witnesses. (Also, please excuse our underlines.) The first narrative was written by officers who responded to the Anatole. The second was written by an officer who interviewed the parties at DPD headquarters the next day.

According to the report, the victim and three of his friends clearly felt the incident was an anti-gay hate crime. They told police the suspect just walked up behind the victim, said, “What’s your problem, faggot?” and shoved him, cauing his head to strike a drinking glass, cutting his nose. The victim and his friends also pleaded with officers to take the suspect to jail — and even threatened to contact the media if they didn’t. But the officers chose instead to issue a citation, and allow the suspect to return to his room, due to “conflicting stories.”

The suspect claimed the victim had whistled and made sexual gestures toward another member of the suspect’s party. The suspect told police that when the victim refused to stop, he shoved him.

The next day, the victim and his partner gave written affidavits saying the victim had consumed up to 10 drinks prior to the incident at various locations, including JR’s and the Round-Up.

The suspect, meanwhile, said that when he approached the victim and asked him to stop making catcalls and sexual gestures, a small verbal argument ensued and the victim stood up from his chair. This caused the suspect to feel threatened, according to the report, and he shoved the victim down.

When the victim and suspect ran into each other at the police station, the suspect apologized and they “discussed that both of them were intoxicated and that each had a part in this event.”

“This is not a hate crime as the suspect did not single out the [victim] for his sexual orientation,” the report states. “During the heat of the altercation the suspect did call the [victim] a faggot. The [victim] stated that he did not have time to come back to Dallas to pursue this offense and was glad that the suspect apologized and recognized that his actions were wrong.”

 

—  John Wright

What’s Brewing: Yet another poll shows majority of Texans back gay marriage or civil unions

Your weekday morning blend from Instant Tea:

1. For at least the fifth time in the last two years, a poll has shown that a solid majority of Texans support legal recognition of same-sex relationships, whether it be marriage or civil unions. A University of Texas/Texas Tribune poll released Wednesday found that 61 percent of Texans support same-sex marriage or civil unions. The poll found that 30 percent support same-sex marriage, 31 percent support civil unions, and 33 percent oppose any form of relationship recognition, with 6 percent unsure. The poll of 800 registered voters was conducted earlier this month and has a margin of error of 3.5 percent. Previous polls dating back to 2009 have found similar support for legal recognition of same-sex relationships. Texas voters overwhelmingly approved a constitutional amendment in 2005 outlawing both same-sex marriage and civil unions.

2. El Paso’s decision to strip domestic partner benefits for city employees is a step backward and could hurt the city economically, according to a business expert and some city officials. A federal judge last week upheld the results of a November ballot initiative that will take away benefits for 19 gay and unmarried partners of city employees, as well as many others. One council member is proposing an ordinance to reinstate the benefits, while another says the city should put the issue back on the ballot this year. Read more from the El Paso Times.

3. The number of reported hate crimes in Texas increased 2.4 percent in 2010, according to KENS Channel 5 in San Antonio. The story doesn’t provide a breakdown of how many of the offenses were based on sexual orientation or other factors such as race, and hate crime statistics from 2010 haven’t been posted on the FBI website. KENS interviews the mother and sister of Troy Martinez Clattenburg, a gay man who was murdered last year after he allegedly made a pass at a straight acquaintance. Watch video below.

—  John Wright

What’s Brewing: Lawmakers refuse funding for HIV/AIDS drugs; 2nd El Paso suspect arrested

Your weekday morning blend from Instant Tea:

1. Up to 1,800 low-income Texans with HIV/AIDS could be denied life-sustaining drugs over the next two years, after lawmakers chose not to fund a $19.2 million request from the the state health department for the Texas HIV Medication Program, according to The Dallas Morning News (paid subscription required). Lawmakers claim people won’t be denied access to drugs because the state can siphon off money for the HIV Medication Program from Medicaid, and repay it using a supplemental measure during the 2013 legislative session. But that would require approval from Gov. Rick Perry and the 10-member Legislative Budget Board, and it would make the looming Medicaid shortfall even worse. For political reasons, lawmakers don’t want to raise taxes or use any more of the state’s rainy day fund, so they’re left to make decisions like this. If people are turned away from the HIV Medication Program, it will only result in more new HIV infections and more emergency room visits, which are far more expensive for the state. This is where the tea party gets you, folks, and it’s why these folks should be thrown out on their asses in 2012. But let’s face it, this is not just a fiscal decision. The fact is, some of these lawmakers still view HIV/AIDS as a gay disease, and they believe homosexuality is immoral. The LGBT community should be outraged. Watch video of one client talking about the potential impact of the cuts below.

Ramon Olvera

2. A second suspect has been arrested in connection with a brutal beating and possible hate crime outside a gay nightclub in El Paso on May 7.  Roman Olvera, 19, is charged with aggravated assault with a deadly weapon. Olvera and a 16-year-old arrested last week allegedly were among six gang members who punched, kicked and hit 22-year-old Lionel Martinez with a baseball bat outside the Old Plantation, while yelling anti-gay slurs. Martinez, who is straight, remains in critical condition. The FBI is investigating Martinez’s beating and other recent hate crimes near the nightclub. LGBT advocates, who say police have failed to address the problem of anti-gay violence, plan a meeting tonight at the local Metropolitan Community Church. CORRECTION: The LGBT group actually met Tuesday night and plans a rally in front of the courthouse next week, according to the El Paso Times.

3. Wade Emmert was elected Dallas County’s new Republican Party chairman Tuesday night. Emmert was endorsed by Log Cabin Republicans President Rob Schlein, who accused Emmert’s tea party opponent of anti-gay tactics during the campaign. Emmert is scheduled to speak to the gay GOP group on Monday. “Congratulations to Wade Emmert for his very decisive victory, 140 vs 95,” Schlein writes on Facebook. “We look forward to being one of the first clubs visited by the new party chairman!”

—  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

FBI investigates El Paso attack as hate crime

The FBI is now investigating last weekend’s brutal attack outside a popular gay nightclub in El Paso as a hate crime, the El Paso Times reports today:

As of Monday afternoon, the case is being investigated by FBI agents as a “civil rights violation,” said Special Agent Michael Martinez, a spokesman for the FBI in El Paso.

The attack took place either late Friday night or early Saturday morning, Martinez said. On Saturday, El Paso police said the man had been waiting for a ride outside the Old Plantation Night Club, 301 S. Ochoa, when a verbal confrontation began between the victim and six men.

Police said that the verbal confrontation became physical and that the six men allegedly began punching and kicking the victim. The group allegedly also used a bat to strike the victim.

The victim’s sister told a local TV station Monday that she believes the attack was a hate crime because the suspects were yelling gay slurs, even though she said her brother is not gay. However, El Paso police said they didn’t have enough information to classify the incident as a hate crime — in part because they’d been unable to interview the victim because he was still unconscious.

The federal Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which passed Congress in 2009, grants the FBI authority to intervene in local hate crimes cases, including those motivated by actual or perceived sexual orientation and gender identity. Today’s El Paso Times story follows criticism from LGBT advocates, who say the local media has been largely ignoring the case.

—  John Wright

Unconstitutional ‘homosexual conduct’ law to remain on Texas books for another 2 years

In his legislative column on Friday, Daniel Williams mentioned that midnight today is the deadline for House committees to vote on bills that originated in the House. Which means that, assuming they aren’t voted out of committee today, several pro-equality bills will die. As Williams details on his own blog today, those bills include measures that would remove Texas’ unconstitutional “homosexual conduct” law from the books, add gender identity/expression to the state’s hate crimes law, and prohibit anti-LGBT discrimination in employment and insurance.

With a Republican supermajority in the House, no one really expected any of these bills to pass going into the session. So the fact that some of them even received committee hearings is a victory. And the good news is, a few anti-gay measures are slated to die along them, including one that would make it easier for the attorney general to block same-sex divorces, and the House version of a bill that would effectively bar transgender people from marrying people of the opposite sex. (It should be noted that the Senate version of the transgender marriage ban is still alive.)

Of course, there is always a risk that these or other anti-LGBT measures will be tacked on to other bills as amendments, but here’s hoping the Legislature is too busy from here on out with the budget and redistricting.

Speaking of the budget, last week we reported that the Senate’s version includes $19.2 million requested by the Texas HIV Medication Program to serve 3,000 anticipated new clients over the next two years. The House version of the budget left out this money, meaning low-income people with HIV/AIDS could be denied life-sustaining drugs. It’s now be up to a House-Senate conference committee to resolve the issue. On that note, the Campaign to End AIDS will hold a rally Friday at the Texas Capitol. For more info or to RSVP for the rally, contact Michelle Anderson at heavenly_gates_777@yahoo.com.

—  John Wright