A lesson learned

We may never know for sure what happened between the gay man and the Marine during the LCR convention, but we can’t overlook the situation’s one clear lesson

David Webb

DAVID WEBB  |  The Rare Reporter

It’s hard to understand exactly what happened at a Dallas Hilton Anatole hotel bar last weekend when a Log Cabin Republican conventioneer was allegedly called a “faggot” and assaulted. Everyone involved seems to be engaging in high-gear damage control.

Although police cited the suspect for an alleged Class C misdemeanor assault at the scene, the victim reportedly advised police the next day he would not be pressing charges after the suspect apologized to him. That in effect gave the suspect a pass for allegedly slamming the victim’s face on a bar table.

What is extraordinary about this development is that the police apparently acted as mediators between the victim and the suspect the day after the incident. The negotiations reportedly involved the Dallas Police Department’s liaison to the LGBT community, Laura Martin, who described the suspect as 27-year-old member of the U.S. Armed Services.

Dallas police spokesman Sr. Cpl. Kevin Janse claimed that the alleged crime did not rise to the level of a hate crime — even though the suspect used the slur “faggot” during the attack — because either the victim or one of his friends allegedly provoked the assault by either whistling or making a catcall at the suspect and his friends. He described both the victim and the suspect as being intoxicated, and dismissed it as a bar fight.

After the charges were dropped, police considered reporting the incident as a hate crime for statistical purposes, but decided not to, according to Martin.

The victim and his friends, who do not want their identities revealed, have disputed the official police report, calling it “misleading.” The victim, who is from out of town, said he decided not to press charges because pursuing it would be time consuming and “arduous.”

What’s more, we learned that the suspect might be a member of the U.S. Marines who was staying over at the Anatole after a tour in the Middle East. Ironically, all of this began coming to light just as reports circulated about the Marine Corps conducting seminars aimed at smoothing the way for gay men and lesbians to serve openly in the U.S. Armed Services.

What a mess. If all that’s true, no wonder the Dallas Police Department found time to negotiate a cease-fire between the victim and the suspect.

On top of all that, we learned during the same weekend that U.S. Navy Seals had finally managed to take out Osama Bin Laden, the mastermind behind the al-Qaida attacks on the U.S. in 2001. It’s not exactly the best time to be criticizing a member of the military.

Still, there are troubling aspects to this story. From decades of covering crime, I know that the most common defenses in crimes involving everything from assaults to murders of LGBT people is for the suspect to claim the victims made sexual advances. The suspect reportedly also told the police the next day that he didn’t remember much about the incident, another common excuse for attempting to shirk responsibility.

Likewise, the victim acknowledged being intoxicated.

Astonishingly, the victim took a real verbal beating in the comments sections of the Dallas Voice’s blog, Instant Tea, where the alleged assault was reported. It was interesting that so many LGBT people took the position that the victim deserved to not only be viciously assaulted, but to be humiliated in public as well.

As a member of the U.S. military, the consequences for the suspect would be far more severe than a mere hefty fine. A conviction would mean a nasty stain on his military record. Even if the victim or someone else at the table whistled or made a comment about someone “looking good,” it hardly merits a physical attack from someone who has sworn to protect U.S. citizens.

On the other hand, members of the LGBT community need to be respectful of heterosexuals and be on guard not to offend anyone through their actions or words. With all of the gains the community has made in recent years, we are more recognizable and subject to more scrutiny and criticism.

With the end of the military’s anti-gay “don’t ask, don’t tell” policy quickly approaching, members of the U.S. Armed Services are likely to be more on edge and prone to taking offense.

We saw a similar event occur in 1993 when three Marines stationed at Camp LeJeune allegedly attacked a gay man in a Wilmington, N.C., gay bar., when then President Clinton was vowing to end the ban on gay and lesbians serving in the U.S. Armed Services. That led to a high-profile lawsuit by the Southern Poverty Law Center on the behalf of the victim. The lawsuit was later settled for a token amount. The Marines in that incident also claimed they were provoked by the bar patrons.

We may never know exactly what happened at the Anatole Hilton in Dallas that night, but maybe we can learn a lesson from it anyway: We probably all need to monitor ourselves a little more closely when we are in predominantly straight venues to make sure we aren’t pushing our luck. What is appropriate in a gay bar just doesn’t work well in most other places.

David Webb is a veteran journalist who has covered LGBT issues for the mainstream and alternative press for three decades. E-mail him at davidwaynewebb@yahoo.com.

—  John Wright

Jury deadlocked in trial of state trooper accused of slamming woman into concrete wall

UPDATE: Perez was found guilty of misdemeanor assault.

Back in October, John Wright posted this item here on Instant Tea about Texas State Trooper Arturo Perez who faced criminal charges after video taken during a traffic stop for suspected drunk driving surfaced of him slamming 23-year-old Whitney Fox face first into a concrete retaining wall on the Dallas North Tollway after finding out that Fox and her friends in the car with her were on their way home from a gay bar in Oak Lawn.

The Dallas Morning News has reported that jurors hearing the misdemeanor assault case against Perez in Judge Jane Roden’s court are deadlocked and unable to return a verdict. The jurors had been deliberating for about five hours total when, at noon Friday, they send the judge a note saying they were at an impasse.

DMN reports that Judge Roden was expected to tell the jurors to keep deliberating.

The incident in questioned happened in October 2009 after Perez stopped Fox on suspicion of drunk driving. He had cuffed the young woman’s wrists behind her and was patting her down when she began arguing with him about the way he was touching her. Perez told Fox several times as she argued with him that she was “fixing to get yourself hurt.”

Then Perez began leading Fox to his squad car, holding her left arm. When she tried to jerk away from him, Perez  jerked Fox’s arm in return, swinging her around and into the concrete.

Fox — who in the video is visibly stunned by the impact — was left with a large gash in her chin. As she collapsed to the ground, Perez walked away, leaving a second trooper to attend to Fox.

John’s post in October examined allegations  Fox’s attorney, Randy Isenberg, made to Fox 4 News in Dallas that Perez began handling Fox more roughly and slammed her into the wall after another young woman in Fox’s car said something about having left a gay bar in Oak Lawn. The implication, of course, was that Perez is homophobic and deliberately hurt Fox because he thought she is gay.

The incident was captured on video, posted below, by the dashcam in Perez’s squad car.

The Dallas County District Attorney initially charged Perez with official oppression in the case, but a grand jury refused to issue an indictment on the charge. The DA’s office then charged Perez with misdemeanor assault. Perez’s attorney, John Haring, told Fox 4 News this past October that the Texas Ranger had reviewed the video and concluded that Fox was resisting arrest and Perez was not at fault.

Perez retired shortly after the incident occurred, just before the Department of Public Safety could fire him. The DWI charges against Fox were dropped.

—  admin

City drops charges stemming from Rainbow Lounge raid in July 2009

Man who suffered brain injury in raid had been facing public intoxication, misdemeanor assault charges

Tammye Nash  |  Senior Editor nash@dallasvoice.com

FORT WORTH — The Fort Worth City Attorney’s office announced last week that it had dropped all charges against Chad Gibson and other individuals arrested in the June 28, 2009 raid on the Rainbow Lounge.

Gibson was hospitalized for a head injury he incurred during the raid, although questions remain about whether Gibson was injured when an agent with the Texas Alcoholic Beverage Commission slammed him against a wall in the club and then threw him to the floor, or when Gibson fell on the sidewalk outside while he was handcuffed.

Gibson was charged with misdemeanor public intoxication and misdemeanor assault on a law enforcement officer after TABC Agent Chris Aller said Gibson groped him while he was attempting to arrest Gibson.

However, Aller and the second TABC agent involved in the raid, as well as their supervising sergeant, were fired after TABC officials conducted an internal investigation and determined that the agents should not have raided the bar in the first place.

An internal investigation conducted by the Fort Worth Police Department also indicated that FWPD officers involved in the raid had violated procedures, and three officers were suspended for a total of five days as a result.

A second Rainbow Lounge patron, George Armstrong, said he suffered severe bruising and a muscle strain when police arrested him. He was charged with misdemeanor public intoxication.

Adam Seidel, attorney for both Gibson and Armstrong, said he had received a notice from the court in the first part of last week that Gibson’s case had been set for jury trial on Dec. 7. Shortly afterward, however, he was notified by the court clerk that the charges had been dismissed.

“I am glad they did the right thing and dropped their charges against these two victims. It shows a commitment to move forward,” Seidel said.

City officials issued a statement Friday afternoon, Nov. 19, saying that Class C misdemeanor charges stemming from the Rainbow Lounge raid against Dylan Brown and Jose Macias, as well as Gibson and Armstrong, had been dropped, but declined to comment further.

According to the statement, the charges that have been dismissed were public intoxication charges against Jose A. Macias, Dylan T. Brown, Armstrong and Gibson. A charge of assault by contact against Gibson was also dropped.

Gibson suffered bleeding in his brain and is still receiving treatment for his injuries, according to Tom Anable, president of Fairness Fort Worth.

FFW was formed in the wake of the raid initially to help witnesses give testimony for both FWPD’s and TABC’s internal investigations. The organization has since become more formally organized and has been directly involved in negotiations with city officials that played a role in the vote to add protections for transgenders to the city’s nondiscrimination policy and in the recent vote to offer partner benefits to the city’s LGBT employees.

Anable said Thursday, Nov. 18, that Fairness Fort Worth is pleased with the city’s decision to drop the charges against Gibson and Armstrong.

“I think they finally just realized that the facts of the case didn’t support the charges,” Anable said. “I think this is a real positive step forward. It’s a show of good faith as we continue to resolve the issues related to the incident at the Rainbow Lounge.”

This article appeared in the Dallas Voice print edition November 26, 2010.

—  Michael Stephens

BREAKING: Fort Worth city attorney drops charges against Rainbow Lounge patrons

This photo, taken by Chuck Potter inside Rainbow Lounge on June 28, 2009, is believed to show TABC agents arresting Chad Gibson

A spokesman in the office of Fort Worth Mayor Mike Moncrief has just confirmed reports we received earlier this morning that the city attorney’s office has dropped all charges against Chad Gibson and George Armstrong in connection with the June 28, 2009 raid on the Rainbow Lounge.

The spokesman said the city would release a statement later this afternoon, so watch Instant Tea for updates.

Gibson was hospitalized for a head injury he incurred during the raid, although questions remain about whether Gibson was injured when an agent with the Texas Alcoholic Beverage Commission slammed him against a wall in the club and then threw him to the floor, or when Gibson fell on the sidewalk outside while he was handcuffed.

Armstrong, who said he suffered severe bruising and a muscle strain when police arrested him, was charged with misdemeanor public intoxication.

Gibson was charged with misdemeanor public intoxication and misdemeanor assault on a law enforcement officer after TABC Agent Chris Aller said Gibson groped him while he was attempting to arrest Gibson. However, Aller and the second TABC agent involved in the raid, as well as their supervising sergeant, were fired after TABC officials conducted an internal investigation and determined that the agents should not have raided the bar in the first place.

An internal investigation conducted by the Fort Worth Police Department also indicated that FWPD officers involved in the raid had violated procedures, and three officers were suspended for a total of five days as a result.

Adam Seidel, attorney for both Gibson and Armstrong, said he had received a notice from the court earlier this week that Gibson’s case had been set for jury trial on Dec. 7. Shortly afterward, however, he was notified by the court clerk that the charges had been dismissed.

“I am glad they did the right thing and dropped their charges against these two victims. It shows a commitment to move forward,” Seidel said.

Gibson suffered bleeding in his brain and is still receiving treatment for his injuries, according to Tom Anable, president of Fairness Fort Worth.

FFW was formed in the wake of the raid initially to help witnesses give testimony for both FWPD’s and TABC’s internal investigations. The organization has since become more formally organized and has been directly involved in negotiations with city officials that played a role in the vote to add protections for transgenders to the city’s nondiscrimination policy and in the recent vote to offer partner benefits to the city’s LGBT employees.

Anable said Thursday that Fairness Fort Worth is pleased with the city’s decision to drop the charges against Gibson and Armstrong.

“I think they finally just realized that the facts of the case didn’t support the charges,” Anable said. “I think this is a real positive step forward. It’s a show of good faith as we continue to resolve the issues related to the incident at the Rainbow Lounge.”

—  admin