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View Diary: AL lesbian viciously beaten by girlfriend's brother in horrific Thanksgiving Day hate crime (238 comments)

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  •  Indeed! It was attempted murder (16+ / 0-)

    People have died from beatings to the head less severe than this, inclusing in another anto-LGBT hate crime that was not prosecuted as such because the state doesn't and the Federal government didn't have a hate crime cover sexual orientation bias at the time. Sean Kennedy died from a single punch to the head that knocked him out and broke his brain stem when hit hit the ground. The piece of crap that punched him called one of Sean's friend after he fled telling her "You tell your faggot friend when he wakes up, he owes me five hundred dollars for my broken hand." He was only charged with involuntary manslaughter and got a three year suspended sentence of which he only served 12 months before being released. His three years of post release probation ended this summer. That was "justice" under South Carolina law.

    I don't want this case to be another case like Sean's. Mallory deserves justice for the horrors inflicted upon her by Hawkins, Jr. Society deserves protection from him for a very long time. Second degree assault simply doesn't cut it.

    "Lesbian and gay people are a permanent part of the American workforce, who currently have no protection from the arbitrary abuse of their rights on the job." --Coretta Scott King

    by craigkg on Mon Nov 26, 2012 at 05:50:26 PM PST

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    •  attempted murder (0+ / 0-)

      requires intent to kill. The case you cite clearly had no intent.

      The sentence may have been a travesty but the actual act for which he was convicted sounds, based on what you said, accurate.

      47 is the new 51!

      by nickrud on Mon Nov 26, 2012 at 05:54:01 PM PST

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      •  It was second degree murder (8+ / 0-)

        by depraved indifference. His murderer was in a car than pulled up next to Sean. He got out of a car, walked up to Sean, called him a "faggot", punched him and then fled. There was malice intent in his act and it was committed without concern for its result.

        "Lesbian and gay people are a permanent part of the American workforce, who currently have no protection from the arbitrary abuse of their rights on the job." --Coretta Scott King

        by craigkg on Mon Nov 26, 2012 at 06:04:50 PM PST

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        •  malice and lack of concern (2+ / 0-)
          Recommended by:
          Sychotic1, kpardue

          is why it was involuntary manslaughter. Depraved indifference has a much higher threshold. To quote one court:

          "to bring defendant’s conduct within the murder statute, the People were required to establish also that defendant’s act was imminently dangerous and presented a very high risk of death to others and that it was committed under circumstances which evidenced a wanton indifference to human life or a depravity of mind"
          From the circumstances you've given (there may be more you can tell) punching someone in the face is not prima facie a very high risk of death to others.

          Classic examples of depraved indifference is killing someone as a result of intentionally driving a car down a sidewalk or dropping a rock from an overpass.  

          47 is the new 51!

          by nickrud on Mon Nov 26, 2012 at 06:22:41 PM PST

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      •  You seem pretty invested in this. nt (3+ / 0-)
        Recommended by:
        suesue, happymisanthropy, koNko

        Homosexuality is found in over 450 species. Homophobia is found in only one. Which one seems unnatural now?

        by Chrislove on Mon Nov 26, 2012 at 06:05:45 PM PST

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        •  speak plainly, please. (1+ / 0-)
          Recommended by:
          Argyrios

          This is the internet. You can speak freely.

          47 is the new 51!

          by nickrud on Mon Nov 26, 2012 at 06:09:24 PM PST

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          •  I'm not trying to be cryptic (12+ / 0-)

            It's just that your comments in this diary seemed to be mostly aimed at creating doubt that this was a hate crime. While I do agree that every i needs to be dotted, I feel it's rather sad how quickly some are defending the crime against being called a hate crime.

            Homosexuality is found in over 450 species. Homophobia is found in only one. Which one seems unnatural now?

            by Chrislove on Mon Nov 26, 2012 at 06:18:53 PM PST

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            •  No, I'm standing against the tide (2+ / 0-)
              Recommended by:
              kpardue, PsychoSavannah

              of rushing to judgement based on one article that is based on hearsay from a non witness.

              I know what a hate crime is. My father beat the shit out of my uncle back in the 60's simply because he was gay and sashayed one too many times. Eventually I ended up breaking off contact with him and we didn't speak the last 20 years of his life.

              I also know about rushes to judgement, having been at the wrong end of one and it taking years for the truth to come out.

              47 is the new 51!

              by nickrud on Mon Nov 26, 2012 at 06:29:38 PM PST

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              •  Well, Hawkins will hopefully (3+ / 0-)
                Recommended by:
                suesue, jan4insight, shaharazade

                have his day in court, where the evidence will be weighed. I'm sure you can understand, though, that to LGBT people this looks very much like a hate crime. Is it theoretically possible that this happened over something unrelated? I suppose. But it really doesn't look like that is the case right now. I don't think anybody is making any wild and crazy assertions here.

                I'm sorry about what happened to you and in your family.

                Homosexuality is found in over 450 species. Homophobia is found in only one. Which one seems unnatural now?

                by Chrislove on Mon Nov 26, 2012 at 06:36:20 PM PST

                [ Parent ]

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