PHILADELPHIA: Prosecutors Make Plea Offers To Alleged Gay Bashers

Philly Mag reports that the suspects in last year's brutal gang gay-bashing have been offered a plea deal by prosecutors.

Sources on both sides of the case confirm that all three suspects now have plea offers in hand and that they are are weighing their options. "On behalf of my client, we are reviewing a plea offer from the District Attorney," says Williams' attorney Fortunato Perri. Williams stands accused of punching both victims, Zachary Hesse and Andrew Haught, according to court documents. Haught suffered the greatest injuries, requiring hospitalization.

Louis Busico, attorney for Kathryn Knott, says that he's "always happy to have open lines of communication" with prosecutors but wouldn't say whether Knott is going to take the deal. While Williams and Harrigan were allegedly the more physical aggressors, it was Knott who received the brunt of public backlash after homophobic rants were found on her Twitter feed.

Harrigan's attorney, Josh Scarpello, did not return calls seeking comment. According to an affidavit of probable cause in the case, Harrigan initiated the confrontation when he called the victims "faggots," and he struck Hesse.

According to the above-linked report, if convicted on all charges at trial the trio could face from 34 to 68 years in prison. That result is highly unlikely as none of the three had been arrested before. If the plea offer is accepted, an insider predicts sentences of 12-24 months in county jail. Jury selection will begin in September if they don't take the deal.

REPORT: Accused Fugitive In Chelsea Chair-Bashing Speaks Out To Gay Blogger

On May 6th two gay men were brutally clubbed over the head with a chair during a fracas at a Chelsea restaurant that was widely characterized as an anti-gay hate crime after video of the incident went viral nationwide. The following day New York City blog The G-List Society posted a claim that one of the victims had instigated the fight and that the attacker was a gay man himself. On May 20th the NYPD identified the man as Bayna El-Amin and reported that he remains a fugitive. On May 26th Gawker confirmed reports that El-Amin is gay.

Last night The G-List Society posted an interview with El-Amin, describing him as an "HIV/AIDS counselor and ballroom community leader." The opening paragraph is attributed to El-Amin:

"We are fortunate enough to live in a country where all people are protected against crimes based upon their race or sexual orientation. That’s a blessing because everyone in this world doesn’t have that privilege and right. I think that is sad and unfortunate that someone would misuse that right and play this card that they have been gay-bashed or been attacked and then call someone a homophobe. I’m also disappointed in the community, in particular certain members of the LGBT community, who have not done their due diligence to make sure that if someone is saying this – that what they’re saying is true. In particular, that [openly-gay] Councilman [Corey Johnson] in that area who said so many horrible things about me to his constituents. I don’t understand why he would call me a homophobe.”

Further down in his post, G-List Society author Waddie G says that he advised El-Amin to press charges against the alleged instigator of the incident, should he decide to turn himself into the police. El-Amin is reportedly staying with friends at an undisclosed location and is being advised by an attorney while he builds his case of self-defense. Another quote from El-Amin: 

"He assaulted me. I was the victim. People don’t realize that. People don’t know that. I was sitting at my table. With no provocation, he came up and hit me. There was no slur thrown at him. There was no bumping into my table and knocking over my drinks. There was no interaction between us in a sense, except for what I said earlier when I said to them, ‘Hey, guys! There are ladies here.’ Then, he came over to me and said, ‘And YOU calling up ladies.’ Then, POW! He definitely made false accusations and tried to put a crime on my that did not happen. I defended myself.”

NYPD Chief Of Detectives Robert Boyce calls El-Amin a "career criminal," noting his multiple arrests on charges that include forgery and credit card fraud. Hit the final link above for the full interview.

NEW YORK CITY: NYPD Releases Name Of Suspect In Chelsea Restaurant Attack

The NYPD has released the name of the still-at-large suspect in the chair-smashing incident that happened earlier this month in a Chelsea restaurant. Via Gawker:

The man who hit another man over the head with a chair at the Chelsea Dallas BBQ earlier this month in a supposedly anti-gay attack that was captured on video and went viral has been identified by the NYPD as Bayna El-Amin. “I have him identified, we are seeking him now. He’s been identified for about a week. We will see if we can get him in,” said NYPD Chief of Detectives Robert Boyce. “He is a career criminal. We believe he has fled the state.” A cursory internet search reveals several clues into El-Amin’s criminal past. In 2005, he was arrested for violating probation and for failure to appear in court. In 2006, he was locked up for about three months on a forgery charge, according to Mugshots.com, which also lists invasion of privacy, credit card fraud, a violation of Georgia Controlled Substance Act, and a miscellaneous misdemeanor. That site lists his height at 6’6” and his weight at 325 lbs.

The day after the fracas went viral, New York City-based blogger Waddie G claimed to know that El-Amin is gay himself, casting doubts on whether the attack was an anti-gay hate crime. El-Amin's Facebook page has apparently been deleted, but Gawker found a YouTube comment attributed to his name on a video about competitive vogueing. That's certainly not conclusive proof, but it does jibe with Waddie G's claim that El-Amin is well-known in the "Harlem ballroom scene."

Was Chelsea Attack A Gay-On-Gay Crime? UPDATE: NYPD Releases Suspect Video

As I've noted in earlier posts, accounts conflict about the chair-bashing attack that took place on Tuesday at a Chelsea restaurant. According to friends of the victims, the attack was a flat-out anti-gay hate crime preceded by multiple uses of "faggot" by the assailant. But at least one witness claims that one of the victims, Jonathan Snipes, first escalated the incident by angrily confronting the assailant and may have thrown the first punch. However there may be much more to this story.

This afternoon black gay blogger Waddie G, author of The G-List, posted a claim that may reshape the entire scenario.

My friend, YouTube personality Isaam Houston, caught the latter part of the fight on camera and gave me the T because he sat next to the table of the Black men, where the fight originated upon Snipes’ confrontation. Now, what Snipes chose to leave out in his interview was that during his exchange of words with the two alleged Black aggressive homophobes is that he struck one of the Black men first which kicked off the entire brawl. How do I know this information? My friend, YouTube personality Isaam Houston, caught the latter part of the fight on camera and gave me the T because he sat next to the table of the Black men, where the fight originated upon Snipes’ confrontation.

Additionally, the word “faggot,” according to Houston, seemed to be a response to Snipes’ arrogance after knowing that he bumped the Black men’s table and knocking their drinks rather than homophobia. According to another source, who did not give me permission to identify his name – who I happened to have been cool with for years, mentioned that the chair throwing Black male seemed to check him out with frequent eye glances in a flirtatious manner. In other words, the alleged Black aggressor is possibly a same-gender-loving male, according to my source.

And guess what? One of the patrons at the restaurant called me and identified the chair thrower by name. I looked up the chair tosser’s Facebook profile, and he is allegedly gay, gay, gay and pretty popular in the ballroom scene. I am not going to snitch the guy out because I am on his side of self-defense minus the chair tossing and hate the white gay privileged narratives by gay bloggers, blogs and organizations who sensationalized this incident into more than what it was to protect the white gay hot head who wanted to demonize the Black gay men as aggressors over a physical altercation that he provoked when he could have ignored their foul language like I always do when insults are hurled my way.

Waddie G goes on to declare that all of the involved parties "were in the wrong." All of the above is hearsay for now. And even if these latest claims are proven to be completely true, criminal charges are, of course, still warranted. But maybe this wasn't an anti-gay hate crime.

UPDATE: The NYPD tonight released surveillance video of the suspect arriving at the restaurant. The clip, via DNAinfo, is only a few seconds long and pauses on the image below. A higher resolution but much smaller version of the image can be seen at the link.

NEW YORK CITY: Chelsea Restaurant Asks Public For Help In Finding Gay-Basher

The Chelsea outlet of Dallas BBQ, the site of Tuesday's brutal gay-bashing, has posted a message in its front window asking for the public's help in identifying the man who smashed a wooden chair onto the heads of two gay patrons. Eyewitness accounts appear to conflict on whether one of the victims had initially incited the fight, but both men had their backs turned and were returning to their seats when the much larger man clubbed them with the chair. NYC Councilman Corey Johnson issued a statement yesterday: "I am appalled and angered by the senseless act of anti-LGBT hate violence that was perpetrated last night at a restaurant in my district. I urge the perpetrators of this act to turn themselves in immediately." The incident has been heavily covered by local media.

WEST VIRGINIA: Alleged Gay-Bashing College Football Star Booted From Team

Via Yahoo News:

Hours after his arrest for allegedly beating two gay men who kissed in the street, Marshall running back Steward Butler has been dismissed from the program. Butler turned himself to police Wednesday morning in connection with the April 5 incident and school athletic director Mike Hamrick and head coach Doc Holliday announced his dismissal just before 3:30 p.m. Earlier in the afternoon, the school announced Butler’s indefinite suspension. However, after learning of “additional information regarding his charges,” Hamrick and Holliday took things a step further and dismissed Butler. Butler, who is facing two misdemeanor battery charges, is accused of beating two men after they kissed at 5th Avenue and 9th Street in Huntington. According to The Herald-Dispatch, Butler “witnessed the kiss, exited a passing vehicle and proceeded to shout derogatory words toward both men related to their sexual orientation.” Butler then allegedly hit both victims in the face with a closed fist.

Reaction on the above coach's Twitter feed has been mostly positive.

HORRIFYING: Gay Couple Brutally Bashed With Chair At Chelsea Restaurant

Via DNA Info:

A gay couple was bashed over the head with a wooden chair, knocked to the ground and kicked by two men hurling anti-gay slurs at the Chelsea Dallas BBQ Tuesday night, in an attack captured on a graphic video, according to police and the victims. "These guys attacked us specifically because they knew we weren't their type of people," said Jonathan Snipes, 32, who had a tooth knocked loose and cartilage snapped in his ear during the beating.

"It was disgusting. It was awful," Snipes, who was attacked alongside his boyfriend Ethan York-Adams, 25, told DNAinfo New York. In one video, York-Adams, 25, tries to shield Snipes by throwing his arm around his shoulder just before a man rushes up to them with a wooden chair and cracks it over their heads. York-Adams falls to the floor and Snipes slumps into a nearby chair, visibly dazed. An NYPD spokesman said an investigation is ongoing, but that the incident was not currently being investigated as a hate crime.

At the restaurant, Snipes got a text about a death in his family and needed to leave the restaurant quickly, he said. As he headed out, he accidentally knocked over a drink, he said. "A table near us audibly started making pretty gross comments about the two of us like, 'White faggots, spilling drinks,'" Snipes said. "I don't let anyone talk to me like that. I went over there and asked, 'What did you say about us?'" he added. The man knocked Snipes to the ground and started kicking his face and spine, knocking loose one of his teeth, snapping the cartilage in his ear and bruising his head, he said. He shouted, "Take that, faggot," according to Snipes.

No arrests have been made. Warning: The video is graphic.

WEST VIRGINIA: College Football Star Charged With Assault On Gay Couple

Via USA Today:

Marshall running back Steward Butler was arrested early Wednesday on battery charges that he beat a same-sex couple. According to the Huntington Police department, the incident occurred on April 5th in downtown Huntington, when the two male victims exchanged a kiss on the street. Butler was a passenger in a vehicle that was driving by and stopped. He exited the car and began shouting derogatory comments about their sexual orientation. Butler then hit both victims with a closed fist. He was arrested, charged with 2 counts of battery and has been released on a $10,000 bond. "The FBI is conducting a hate crime investigation related to the incident," said Huntington (W.V.) chief of police Joe Ciccarelli.

Marshall University officials say they are investigating the incident and will "handle the matter internally and appropriately." Butler was the nation's third-leading college rusher in the last season.

ATLANTA: High School Students Face Charges In Attack On Gay Classmate

(Tipped by JMG reader DM)

Headline Of The Day

But still no hate crime charges. Details.

BRITAIN: Killers Of Gay Men Marry Each Other In Federal Prison Ceremony

Last month I reported that two British men convicted for murdering other gay men were to get married in a first for the prison system there. That ceremony took place on Saturday in a maximum security prison in Yorkshire.

Mikhail Gallatinov, 40, and Marc Goodwin, 31, are serving life sentences in the same prison, both for violent and fatal hate crimes against gay men. Their vows stated they were "soul partners" and included promises to be "forever together". The couple were given a plastic knife to cut their small wedding cake, according to the Manchester Evening News. Several convict friends attended the small ceremony along with a few relatives and Gallatinov’s parents. Four prison officers were invited as guests. The ceremony was policed by six on-duty prison officers.

Goodwin is serving an 18-year sentence for what was labelled "a gay-bashing spree", in which he beat a 57-year-old man named Malcolm Benfold to death. He has ten years left to serve, the Guardian reports. Gallatinov - who is also a convicted child molester - is serving a twenty-year sentence for the murder of Adrian Kaminsky(28). He met the man on a gay hotline and was convicted of strangling him. Having served almost eighteen years, he will be eligible to be considered for parole next year. Gallatinov’s parents, who attended the wedding, told the Manchester Evening News that they are "proud" of their son "being a small part of history".

The men do not share a cell and conjugal visits are not permitted. (Tipped by JMG reader Mike)

PHILADELPHIA: Lawyers For Accused Gay Bashers Want Charges Dropped

Via Philadelphia's CBS affiliate:

Defense lawyers for the three Bucks County defendants charged with attacking a gay couple in Center City last September intend to file pre-trial motions, in an attempt to eliminate or reduce the charges. The three defendants — Kevin Harrigan, Philip Williams and Kathryn Knott — all of whom are in their mid 20’s, appeared with their lawyers for the status hearing. At the preliminary hearing stage in December, a Municipal Court judge ruled there was sufficient evidence to prosecute them on aggravated assault, conspiracy, and other charges. Defense lawyer Louis Busico, who represents the 24-year-old Knott, says all of the defendants maintain their innocence.

The hearing is set for April 15th.

BRITAIN: Gay-Bashing Murderer To Get Gay-Married In First For Prison System

A British killer convicted in a gay-bashing murder will marry a fellow murderer in a first for that nation's prison system. Via the Daily Mail:

Mikhail Ivan Gallatinov, 40, who was jailed in 1997 for what a judge labelled a ‘callous, chilling killing’, is to marry fellow prisoner Marc Goodwin. Goodwin, 31, was the leader of a gang that roamed the streets of Blackpool looking for homosexuals to attack. He was jailed for life with a minimum of 18 years in 2007 after being found guilty of murdering Malcolm Benfold, 57, who was beaten to death. His trial heard that he and two friends had agreed to go ‘gay bashing’. Goodwin and Gallatinov – who strangled 28-year-old gay man Adrian Kaminsky – met while behind bars, according to the Daily Mirror. They have been given official permission for the ceremony at HMP Full Sutton, Yorkshire. No details of the wedding have been revealed, although a notice of the marriage has reportedly been posted at the register office in the nearest town, Beverley. On the notice, both men give their occupation as bar staff.

Other British killers have been permitted to marry women while behind bars. (Tipped by JMG reader Kent)

NEW YORK CITY: Basher Pleads Guilty To Hate Crime In 2013 Gang Attack On Couple, Gets Only Two Years Probation

A New York man charged in a 2013 gang attack on a gay couple outside Madison Square Garden yesterday pleaded guilty to a hate crime. His plea arrangement will result in a sentence of only two years of probation.

Martin Martinez was arrested in October 2013, four months after he and a group of Knicks fans came across Nick Porto and Kevin Atkins walking arm-in-arm on Eighth Avenue, according to police. The group of fans hurled homophobic slurs at the then-couple and beat them, breaking Porto’s nose and Atkins’ wrist, authorities said. Porto, 29, said he approved of the guilty plea. "I actually his respect his honesty," he told DNAinfo. "I think that speak volumes on whether or not he’s actually learned something." Martinez, who was 25 at the time of the attack, pleaded guilty to aggravated harassment in the second degree, a hate crime with a promised sentence of two years probation, the Manhattan district attorney’s office said. The misdemeanor involves physical contact based on “belief or perception regarding such person’s race, color…or sexual orientation,” according to the penal code. Martinez’s sentencing is set for March 30.

Porto says he plans to file a civil suit against all eight of his attackers, all of whom were caught on surveillance video.

PENNSYLVANIA: Philadelphia's Alleged Gay-Bashers Get First Hearing TodayUPDATE: There WILL Be A Trial

Via Philly Magazine:

The case will be brought before a municipal court judge to determine if there was probable cause to arrest the suspects in September. Attorney for Kevin Harrigan, Josh Scarpello, tells me, “we won’t decide the truth of the matter in that first hearing. It is a probable-cause hearing to establish if the case should go to trial.” Scarpello confirms that all three defendants have pleaded not guilty. District Attorney's office spokesperson Tasha Jamerson tells me chief assistant district attorney of the central unit, Michael Barry, is prosecuting the case. During the preliminary hearing he will present all evidence, and the judge will hear testimony from witnesses, police, and the complainants and defendants. "The judge will listen to both sides and determine if there is enough to hold them to trial," Jamerson says.

If the judge rules for a trial and if no plea bargain is reached, a jury trial would likely not take place for a couple of months at the earliest. I'll update this post after the hearing concludes. (Tipped by JMG reader Edward)

UPDATE: There WILL be a trial on all charges. BOOM.

UPDATE II: Here's the first recap from the AP:

A gay man is testifying about a late-night confrontation with young adults out on the town in Philadelphia that left his boyfriend in a pool of blood. The 28-year-old says the September attack began when 26-year-old Kevin Harrigan used slurs to ask if he and his partner were gay. The witness says he used the same language back to say they were, and the fight soon got physical. Harrigan, 24-year-old Philip Williams and 24-year-old Kathryn Knott are charged with aggravated assault, conspiracy and other counts. Defense lawyers hope to have the case dismissed at Tuesday's preliminary hearing, arguing that both parties were at fault. But witness Geoff Nagle questions whether the second gay man could have thrown a punch as he was beaten to the ground with a broken jaw.

On Russia's Ultra-Nationalist Movement

Via Vocativ:

Russia’s numerous and varied ultra-nationalists groups have flourished since the collapse of the Soviet Union. They include groups who are anti-gay, anti-immigrant and pro-Hitler - and they have an enormous online following. Vocativ caught up with some of them at the annual “Russia March” in Moscow earlier this month.

NOTE: Some images are not safe for work.

BRITAIN: LGBT Chorus Takes Over Transit After Violent Attack On Gay Men

Via the Guardian:

A lesbian and gay choir staged a mass singalong on Manchester’s tram network after homophobic thugs attacked two young gay men who were singing songs from the musical Wicked on a night out. The event – entitled Safe to Sing – started with about 80 singers boarding trams in the city centre on Monday evening to belt out tunes including Somewhere, from West Side Story, and Petula Clark’s Downtown – with the main refrain changed to “Canal Street”, the heart of Manchester’s gay village. Volunteers gave out rainbow coloured cupcakes to bemused passengers from a box marked “Cake Not Hate” as the driver explained over the PA what was going on.

Manchester Lesbian & Gay Chorus (MLGC) then got off at Piccadilly Gardens, where 25-year-old Jean-Claude Manseau, known as Jo, and Jake Heaton, 19, were beaten by a gang of men two weeks ago. The choir were joined by their counterparts from the Hallé ensemble, as well as Manchester Community choir, Blackburn People’s choir, the Manchester Bach choir and other groups from the north west. Against the backdrop of the illuminated ferris wheel, several hundred people filled the square with song, ending with a full-blooded rendition of Defying Gravity, Wicked’s theme song.

About the attack:

Jean Claude Manseau and Jake Heaton were reciting tunes from the hit musical on the Metrolink service from Bury to Manchester when a man started hurling anti-gay taunts at them. The pals got off the tram at Market Street and started walking towards Canal Street when the passenger approached them in Piccadilly Gardens. They described how he then called over to 15-strong group, who crowded round the two friends and began attacking them. Jean Claude, known to his friends as Jo, was knocked unconscious and suffered numerous head injuries in the attack. Jake, a 19-year-old customer service adviser, was punched in the back of the head but managed to reach a nearby shop to call for help. A passer-by phoned police, who attended the scene shortly after the incident, at around 1am on Saturday.

See more photos at Twitter.

President Obama Marks Fifth Anniversary Of Signing The Matthew Shepard Act

Via White House press release:

Five years ago, I was proud to sign the Matthew Shepard and James Byrd Jr. Hate Crime Prevention Act into law – a law that strengthened the protections against crimes based on the color of our skin, the love in our hearts, the faith we practice, or the place of our birth.

This law gave the Justice Department new tools for prosecuting criminals. It directed new resources to law enforcement agencies, so they could better serve their communities. And it did what we want all our laws to do: it reflected and strengthened our core national values. By recognizing violent bigotry as an especially dangerous crime – one that not only harms individuals, but threatens the social fabric that binds our country together – the Shepard Byrd Hate Crimes Act has made it possible for more Americans to live freely, openly and safely, and has reinforced our nation’s sacred commitment to equality for all.

Since this law was passed, the FBI and Department of Justice have vigorously investigated and prosecuted dozens of hate crime cases nationwide, including attacks on minorities, gays and lesbians, and people with disabilities. The number of individuals charged with hate crimes has increased significantly over the past five years. And state and local law enforcement officers and other community members have received training in how to recognize and address hate crimes. The law is working.

Our job isn’t done. We must continue to stand together against intolerance and hate wherever they occur, and respond decisively when they lead to violence. Ours is a country built on the notion that all people are created equal. It’s up to us to make that ideal real, in our words and deeds as well as in our laws – to ensure that, in America, everyone is treated with the respect and dignity they deserve, no matter who they are or who they love.

Philadelphia Approves Hate Crimes Law

Via the Philadelphia Inquirer:

City Council unanimously approved a measure on Thursday that would make it a crime to harm someone because of sexual orientation, gender identity, or disabilities. The proposal was triggered by the Sept. 11 assault on a gay couple in Center City. In that case, police arrested three people but could not charge them with a hate crime because neither state law nor the city code makes it a crime to harm someone because of sexual orientation. The measure approved Thursday, expected to be signed into law by Mayor Nutter, calls for up to 90 days in jail and a fine of up to $2,000 for crimes committed against a person because of sexual orientation, gender identity, or disability.

A similar bill remains stalled in the state legislature due to GOP obstruction. (Tipped by JMG reader Richard)

DALLAS: Anti-Gay Airport Attacker Faces Maximum Fine Of $1000 And No Jail Time

The drunk redneck whose vicious anti-gay assault at the Dallas airport was captured on a video that rocketed around the world has been charged with misdemeanor assault and probably faces at most, a $1000 fine. John Wright reports at Lone Star Q:

According to the report obtained by Lone Star Q, the man’s name is McCleish Christmas Benham, 27. He is currently charged with public intoxication and simple assault, both class-C misdemeanors each punishable by a maximum $500 fine, but no jail time. However, if prosecutors choose to utilize Texas’ hate crimes law, they could enhance the assault charge to a class-B misdemeanor. Class-B misdemeanors are punishable by 180 days in jail and a $2,000 fine per offense.

As you see by the map at the bottom of this post, Texas does have a hate crimes law that includes sexual orientation (but not gender identity). Local activists should get loud.

On the arrest report Benham's home is listed as Shelbyville, Tennessee. From the arresting officer's report on the victim:

"I identified the older white male who was the target of Benham's assaultive behavior by his DL. He was identified as [redacted]. [Redacted] told me that he witnessed Mr. Benham verbally assaulting a female American Airlines gate agent. [Redacted] said he told Mr. Benham that the police were on the way and he needed to calm down. [Redacted] said Mr. Benham called him a 'San Frisco Faggot' and then punched him in his right eye. [Redacted] said Mr. Benham then began threatening a different male passenger. [Redacted] said he warned Mr. Benham a second time to calm down because the police were going to arrest him."

The report notes that Benham continued to struggle during the attempt to handcuff him and after the officer identified himself. Only after the second officer arrived were they able to handcuff him. So why no charge of resisting arrest? Hit the link for the full arrest report.