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Roxie
06-21-2007, 04:17 PM
by Steven Higgs
June 6, 2007

The simple facts in Shorty Hall's murder shout major media. Brian Williams or Katie Couric, maybe. Bill Moyers, someday. Indianapolis Star, unquestionably.

The 1998 hate-crime murder of Matthew Shepard in Wyoming is commonly invoked in comparison.

Thirty-five-year-old, 5-foot-4, 100-pound Aaron Hall was brutally beaten on April 12 for hours by two teens who have described the murder in chilling detail to police. Each says Hall precipitated the violence by making a homosexual suggestion.

The beatings included repeated pummelings with fists and boots and dragging Hall down a wooden staircase by his feet as "his head bounced down all of the steps," in one of the accused's words. He died naked and alone, in a field, where he had crawled after his killers dumped his body in a roadside ditch.

Police found Hall's body 10 days after his death wrapped in a tarp in the garage of Jackson County Deputy Coroner Terry Gray, whose son is one of the accused.

According to the local paper, The Crothersville Times, a witness said 19-year-old Garrett Gray, upon learning that Hall was dead, "began vomiting and making statements of what his dad would say when he found out about this incident."

The fact that this tale has received almost no media attention outside Jackson County, Monroe's far southeast-corner neighbor, is but one of its bizarre twists.

Another is the suggestion that Hall made no sexual advance on 18-year-old Coleman King, the other accused, that he and Gray made up the story as an excuse for murder.

There's a legal theory for their argument. It's called the "gay panic defense," and it suggests that temporary insanity from exposure to homosexuality is a defense against murder. Matthew Shepard's killers tried to use it.


***

Gray, Coleman and others, including 21-year-old Robert Hendricks and uncharged co-conspirator John Hodge, told police remarkably similar stories about a violent reaction to a homosexual advance in Gray's Crothersville home, according to court documents filed by police in the case.

Coleman said he got to Gray's place around noon and that he and Hendricks went to the Stop-In Liquors in town and picked up Hall on their way back.

According to the Times: "King said they were all drinking beer and whiskey when Hall grabbed him in the groin, asking King to perform oral sex. King said he punched Hall, then jumped on him, punching him several more times. King said Gray also punched Hall while King held Hall down."

Gray said King left the room after initially assaulting Hall. Gray said he walked over to ask Hall if he was all right.

"Gray then admitted to striking Hall several times in the eye area causing significant damage," the Times reported.

Gray told police that King walked back into the room and moved Hall to the couch.

"According to Gray, King then straddled Hall and began physically assaulting him multiple times with his hands," the paper said. Hendricks said the beatings "went on for several hours before Hall was loaded into Gray's pickup."

Before dragging Hall down the steps to Gray's Ford Ranger pickup, Gray said they assaulted him again on the deck.

King said he and Gray "continued beating Hall as Hendricks drove south to the dirt farm lane." There they dumped Hall in a ditch and threw his camouflage coat over his body.

"King admitted to striking Hall a few more times," the Times said. "The trio then left Hall in the ditch."


***

Hodge told police that he was working during the beating. Gray sent him a multimedia text message on his phone with a photograph of Hall, in between Gray and King, with a swollen eye and lip.

About 15 minutes later, Hendricks called Hodge from the scene. The Times reported that Hendricks shouted: "They're beatin' the hell out of that guy."

Hodge told police he could hear screaming and yelling in the background and thought he heard Hall yelling, "Bitches."

The next morning Hodge went to Gray's house, and he and Hendricks drove to the site where Hall's body had been dumped because Hendricks wanted Hall's camouflage jacket. They saw only clothes in the ditch.

"Hodge then described seeing something in the field that he thought at first was a dead deer," the paper reported. "Hodge said he walked towards the object and said it was a human body. Hodge said he went back and forth a few times before he finally approached the body. Hodge said the body was completely naked and was severely beaten. He said he recognized the subject to be Aaron Hall and that Hall was dead."

Hodge, Gray and King all said they returned to the field a couple days later and removed the body. They wrapped it in a blue tarp and hid it in Gray's detached garage.


***

Crothersville is a town of 1,500, located midway between Louisville and Indianapolis just off Interstate 65 in the southeast corner of Jackson County.

According to the U.S. Census, it is 97.6 percent white, and 75.4 percent of its residents 25 or older have high school educations. The national average is 80.4.

It's not the sort of place that makes big news often. One of the more recent times was in 2005 when a 10-year-old Crothersville girl named Katie Collman was kidnapped, sexually assaulted and murdered.

"Ironically, it was Terry Gray, Garrett Gray's father, who served as the Collman family spokesman during the investigation and court proceedings," the Times reported.

The Collman case was big news. Indianapolis Star-columnist-turned-Internet-blogger Ruth Holliday noted on May 8 that it "had a lot of twists and turns." A search of the Star Web site turns up more than a dozen stories.

Yet the Star has left the Hall murder to the Jackson County media, the never-to-be-trusted Indianapolis and Louisville television stations and bloggers like Advance Indiana's Gary Welsh, who has covered the story in depth and, along with Holliday, has questioned the lack of major media attention.

A search of the Star Web site for Aaron Hall returned zero stories.

On May 3, Welsh, who is an advocate for hate crimes legislation in Indiana, wrote a column titled "Why Won't the Star Cover The Hate Crime Killing of Aaron Hall?" He noted that the paper "has been silent" about the Hall case but that editorial writer RiShawn Biddle argued in his May 1 Star blog that a hate crimes law would not have prevented Hall's murder.

In his blog, Biddle argued that the "murkiness of the case shows that it may not even have been considered a hate crime."


***

Biddle's assessment is shared by others, especially in Jackson County. Many of them see it as bunch of kids drinking and going crazy.

An anonymous contributor wrote in Welsh's blog: "No one in the News knows what the hell they're talking about. I know what went on i really do. It wasn't a hate crime. Garrett hit him because he said F#%% you and your mom and his mom was dead. Anyone that knows him knows that."

One local woman, who also says the murder was not a hate crime, told the Alternative that Gray's mother has been dead for years.

On April 29, Welsh reported that Crothersville resident Leslie Horton told him that rumors in town are that "Aaron was gay and had AIDS" to shift the blame away from them and onto Hall, thereby "stigmatizing him in the hope of getting off easy."

"People are losing sight that this man was not gay in the slightest," Horton told Welsh. "It was a ploy to make their crime seem justifiable since it seems to be condoned by some evil people in this world."


***

The gay panic defense led to an acquittal in a murder case in West Virginia, according to a story in a 1993 Barnes & Noble book Some Days Nothing Goes Right.

Numerous Internet sources, including Wikipedia and Answers.com, report the same passage. "The Sun-Times Wire reported in Harrisville, West Virginia, USA, that one Dean Ludwig Bethoven, aged thirty, accepted a ride home from a bar by funeral director Dent Pickman, and fell asleep in his car.

"When he woke up later at Pickman's house, he found his body covered with 'ketchup, mustard, mayonnaise, pickles - things out of the refrigerator,' and Dent Pickman licking mayonnaise off his naked body. 'I went crazy,' said Bethoven, who stabbed Pickman to death with a kitchen knife. The jury acquitted him of murder."

One of the highest-profile gay panic defense cases was a 1995 murder in which a man killed a friend after learning on the The Jenny Jones Show that the friend was sexually attracted to him.

Jonathan Schmitz confessed but said he was angered and humiliated by his friend's advances. He was convicted of second-degree murder and received a 25-to-50 year prison sentence.

The judge in the Shepard case threw out the killers' use of gay panic. He ruled it was "either a temporary insanity defense or a diminished capacity defense, such as irresistible impulse, which are not allowed in Wyoming ..."

Shepard's killers later recanted their story on national television, characterizing the murder as a robbery attempt gone awry under the influence of drugs.

Each received two consecutive life sentences.

Roxie
06-21-2007, 04:18 PM
Also, read this link. It's got tips on how to help at the end.
http://bookshop.livejournal.com/834653.html

SlickWilly440
06-21-2007, 04:22 PM
What does 2 consecutive life sentences mean? People don't live that long, and I don't see the point in giving someone a sentence that they won't live long enough to serve out?

LJustus
06-21-2007, 05:17 PM
tl; dr

Roxie
06-21-2007, 05:24 PM
tl; dr
Ah, what?

Black fist
06-21-2007, 05:28 PM
It means Too long Didn't read. What kind of shit is Gay panic defense? I had boys hit on me before. all it requires is "move on I don't roll like that."

Radiance
06-21-2007, 05:30 PM
Two consecutive life sentences means two consecutive sentences of I can't remember.... twenty or twenty five years.

Roxie
06-21-2007, 05:31 PM
Short version for those to lazy to read, but with enough energy to type saying so.:frypan:

Hate Crime in Indiana
Posted by Jill @ 11:11 pm
A man was brutally murdered in Indiana because he was gay. And his murderers are using “gay panic defense” to justify what they did to Aaron “Shorty” Hall. Here’s what they did to him (trigger warning: graphic violence):


# As King held Hall down while Gray punched him and struck him around his eyes repeatedly

# As King and Gray ruthlessly beat Hall, with fists and with the heels of their boots, hitting him over and over and over again, over 75 times with a boot alone.

# As the two of them took turns jumping on his battered body

# As they pulled his limp body down a wooden staircase, dragging him by the feet so that his head “bounced down all of the steps,” in their own words

# As they propped up Hall between them, held out a camera phone, took a picture of the two of them with their arms around Hall’s broken body, and proudly texted a photo of Hall’s bloody and swollen face to their friend, James Hodge, where he worked, in order to show off their handiwork

# As Jamie Hendricks called Hodge back around 6:45 pm and declared, “They’re beating the hell out of that guy,” while Hodge listened to Hall’s screams and the sound of King and Gray literally pummeling him to death

# Which they did for “several hours,” spattering Hall’s blood throughout the kitchen, on the outside deck, the railing, the stairs, and in the living room.

# As they piled his body into the back of Gray’s pickup truck (spilling more blood) and continued to beat him while Hendricks drove them to the murder scene, a tiny field row off a deserted backwoods state road

# As Gray, still beating Hall, asked him if he wanted to die tonight. Hall, barely able to talk at that point, still managed to reply: no.

# As Gray and King, ignoring Hall’s request to live, dumped him in the ditch beside the lane and proceeded to beat him still further.

# As they left him there lying in the ditch, by this time completely naked, only to return with a shotgun later at Gray’s insistence that “they had to kill him or they would go to jail.”

# As Gray shot into the darkness - but by this time, Hall, still alive, had crawled out of the ditch despite his naked body, despite his bruises, his broken nose and his shattered ribs. Hall had crawled into the field, where they left him there a second time.

# As Hendricks and Hodges returned the next day, April 13th, to the spectacle roadside attraction (and because Hodge wanted to steal Hall’s coat) to find Hall dead in the field.

# As they all proceeded to wrap Hall’s body in blue tarpaulin and hide it in Garrett Gray’s garage, where it was found after James Hodge, perhaps realizing that turning stooge was his only way to avoid being listed as an assistant, reported the crime and the suspects to the police, who turned themselves in.
According to the Bloomington Alternative:

The beatings included repeated pummelings with fists and boots and dragging Hall down a wooden staircase by his feet as “his head bounced down all of the steps,” in one of the accused’s words. He died naked and alone, in a field, where he had crawled after his killers dumped his body in a roadside ditch.

According to Hall’s murderers, it’s his fault — he was gay and they panicked. In panicking, they killed him.

Of course, during their panic they managed to beat him for hours, drag his body around, make phone calls and take cellphone pictures.

This story has gotten almost no press. Locals apparently doubt it was a hate crime. Just, you know, a couple of good ol’ boys doing what had to be done.

Fred
06-21-2007, 05:35 PM
It's a confusing story.

I suppose the alcohol/insult scenario makes more sense to me than the Gay Panic Defense scenario.

Roxie
06-21-2007, 05:45 PM
what drugs? the alcohol?

Fred
06-21-2007, 05:46 PM
I meant to say alcohol

Kaji
06-21-2007, 06:32 PM
What does 2 consecutive life sentences mean? People don't live that long, and I don't see the point in giving someone a sentence that they won't live long enough to serve out?

It's so that if they get paroled from the first life sentence, they still have another to serve. It's to help circumvent the parole process and keep them behind bars, as I recall.

Roxie
06-21-2007, 06:33 PM
I suppose the alcohol/insult scenario makes more sense to me than the Gay Panic Defense scenario.
If that was the case, why use the "Gay Panic" defense?

Kaji
06-21-2007, 06:36 PM
Because the alcohol defense still places the blame on you. You don't see states let people off on drunk driving because they were under the influence of alcohol at the time, do you?

Roxie
06-21-2007, 06:38 PM
No...no I'm just.. GAY PANIC?
We do, in Ga. have a "fighting words" law where the person who said such words can be held accountable.

Fred
06-21-2007, 06:40 PM
They may have thought they could get a lighter sentence.

Karthak
06-21-2007, 07:27 PM
Gay panic defence? I'm not sure but I think that if a murderer tried such a defence in court here in Finland the judge would probably give him extra years just for spewing such ridiculous @¤&%#.

Fred
06-21-2007, 07:59 PM
I agree - The “Gay Panic Defense" is completely ridiculous. If being the recipient of unwanted sexual advances could excuse murder, there would be a lot fewer men in the world (or perhaps much better pick-up lines).

PopCulturePooka
06-21-2007, 09:26 PM
Gay Panic sounds abit bunk, but the two specific examples they cited where it was used are more than jsut 'Oh snap dawg, you gay? I'm gunna kill your ass fag'.

The first case involved the guy being the victim of a bizzare sexual assault, the second one had the extra factor of nation wide humiliation (and I've not seen the episode, but if its like any of those shows I wouldnt be surprised if it was over the top).

I can somewhat see the defence working in those cases.

Ozero
06-21-2007, 10:36 PM
Gay Panic...

wasn't that a pinball game? I never played it, cuz I didn't like the look of the plunger to launch the ball.

On a serious note, I gotta remember not to go into these crime story threads and stuff.. my faith in humanity's feeble enough as it is.

haterllnation
06-22-2007, 02:58 AM
I must say, that's why my trips outside the city aren't lengthy ones. This IS a hate crime and they should be put to death and that's it. They knew what they were doing (enough to snap pictures...) and obviously someone slipped if they can't grasp that. It's sad to see that there are more cases where people use 'gay panic' to get away with murder.

"Oh, he bumped into me, sexually I might add, so I ate his heart...oh 'gay panic!' "
"You may go, sir..."

Radiance
06-22-2007, 03:42 AM
No...no I'm just.. GAY PANIC?
We do, in Ga. have a "fighting words" law where the person who said such words can be held accountable.

To the best of my knowledge no "fighting words" laws have been upheld in court since the early 1900s. Still the laws do exist because at one point in time they were used in common practice.

stsparky
06-22-2007, 03:50 AM
Gay Panic ...

Harvey Milk (http://en.wikipedia.org/w/index.php?title=Harvey_Milk)
White was convicted of voluntary manslaughter on the grounds of diminished capacity and sentenced to seven years and eight months, a sentence widely denounced as lenient and motivated by homophobia. During jury selection, defense attornies had excluded candidates they deemed "pro-gay". During the trial, they had brought in a psychologist to show evidence of the depression - namely that the consumption of junk food was out of character for the normally health-conscious White (leading to a common misunderstanding that junk food was blamed — see Twinkie defense (http://en.wikipedia.org/wiki/Twinkie_defense)).

Pierrot le Fou
06-22-2007, 04:10 AM
To the best of my knowledge no "fighting words" laws have been upheld in court since the early 1900s. Still the laws do exist because at one point in time they were used in common practice.
Chaplinsky v. New Hampshire (http://en.wikipedia.org/wiki/Chaplinsky_v._New_Hampshire) (1942):
Appellant, a member of the sect known as Jehovah's Witnesses, was convicted in the municipal court of Rochester, New Hampshire, for violation of Chapter 378, Section 2, of the Public Laws of New Hampshire: 'No person shall address any offensive, derisive or annoying word to any other person who is lawfully in any street or other public place, nor call him by any offensive or derisive name, nor make any noise or exclamation in his presence and hearing with intent to deride, offend or annoy him, or to prevent him from pursuing his lawful business or occupation.'

The complaint charged that appellant 'with force and arms, in a certain public place in said city of Rochester, to wit, on the public sidewalk on the easterly side of Wakefield Street, near unto the entrance of the City Hall, did unlawfully repeat, the words following, addressed to the complainant, that is to say, 'You are a God damned racketeer' and 'a damned Fascist and the whole government of Rochester are Fascists or agents of Fascists' the same being offensive, derisive and annoying words and names'.
Doesn't justify murder, but there is no Constitutional protection of that sort of speech (read the full decision (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=315&invol=568) to learn more).

erbiumfiber
06-22-2007, 06:22 AM
OK, when I first started reading your post I thought it was about someone killing a Jehovah's Witness and some kind of "Jehovah's Witness-phobia" defense.

I think there are more than a few people who could support that...

Pierrot le Fou
06-22-2007, 07:01 AM
There's always the possibility I could set a precedent if I had free legal counsel and a Jehovah's Witness showed up at my door (they never do).

Radiance
06-22-2007, 07:38 AM
There's always the possibility I could set a precedent if I had free legal counsel and a Jehovah's Witness showed up at my door (they never do).

Sorry PLF, I should have been more specific. "Fighting Words" in the sense that it lead to physical violence. I'd relate the particular case you quoted more to that of public harassment. "Fighting Words" are (at least in the south) words so foul that it moves the second party to a physical confrontation. In history there are a good deal of cases where it lead to a duel of pistols or other such means.

Pierrot le Fou
06-22-2007, 07:51 AM
Sorry PLF, I should have been more specific. "Fighting Words" in the sense that it lead to physical violence. I'd relate the particular case you quoted more to that of public harassment. "Fighting Words" are (at least in the south) words so foul that it moves the second party to a physical confrontation. In history there are a good deal of cases where it lead to a duel of pistols or other such means.
You didn't read the case, did you?
On the authority of its earlier decisions, the state court declared that the statute's purpose was to preserve the public peace, no words being 'forbidden except such as have a direct tendency to cause acts of violence by the person to whom, individually, the remark is addressed'.7 It was further said: 'The word 'offensive' is not to be defined in terms of what a particular addressee thinks. ... The test is what men of common intelligence would understand would be words likely to cause an average addressee to fight. ... The English language has a number of words and expressions which by general consent and 'fighting words' when said without a disarming smile. ... Such words, as ordinary men know, are likely to cause a fight. So are threatening, profane or obscene revilings. Derisive and annoying words can be taken as coming within the purview of the statute as heretofore interpreted only when they have this characteristic of plainly tending to excite the addressee to a breach of the peace. ... The statute, as construed, does no more than prohibit the face-to-face words plainly likely to cause a breach of the peace by the addressee, words whose speaking constitute a breach of the peace by the speaker-including 'classical fighting words', words in current use less 'classical' but equally likely to cause violence, and other disorderly words, including profanity, obscenity and threats.'
Most certainly is a fighting words statute. Most certainly is exactly what we're discussing.

Sorry to rain in on the parade.

japanat
06-22-2007, 01:00 PM
There's always the possibility I could set a precedent if I had free legal counsel and a Jehovah's Witness showed up at my door (they never do).At least once a month, sometimes once a week, for the last 13 years. You'd think they'd friggin' get the hint...