The U.S. Justice Department announced on Thursday it has issued its
first indictment under the hate crimes protection law for an alleged
anti-gay crime.
In a statement Thursday, the Justice Department announced that two men
from Harlan County, Ky., were indicted for kidnapping and assaulting a
gay man because of his sexual orientation.
According to the Justice Department, a federal grand jury in London,
Ky., returned a three-count indictment charging David Jason Jenkins,
37, and Anthony Ray Jenkins, 20, for kidnapping and assaulting Kevin
Pennington, and for conspiring with each other and with other unnamed
individuals to commit the kidnapping.
On April 4, the two defendants allegedly kidnapped and assaulted Kevin
Pennington because of his sexual orientation. After getting the victim
into a truck, the defendants allegedly drove Pennington a secluded
area of the Kingdom Come State Park in Kentucky and assaulted him.
According to the Lexington Herald-Leader, Anthony Jenkins' wife,
Alexis, and sister, Mable, allegedly cheered the attack and yelled
things "Kill that faggot." Neither were named in the indictment.
The Herald-Leader reports Pennington was able to escape during a lull
in the attack and hid in the woods until the four stopped looking for
him. Among the injuries he suffered were bruises over his body, a torn
ligament in his shoulder, a closed-head injury and a torn ear.
According to a local ABC news affiliate, both men pled not guilty on
Thursday and a June trial date has been set.
The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act,
which President Obama signed into law in 2009, expanded the federal
hate crimes law to include bias-motivated crimes against LGBT people
and reiterates previous protections based on race, color, national
origin and religion.
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The case marks the first time a federal hate crime has been charged
over a violation of the sexual orientation provision of the statute.
If convicted, the defendants face a penalty of up to life in prison
for each charge.
The case was investigated by FBI Special Agents Anthony Sankey and
Mike Brown. It's being prosecuted by assistant attorney Hydee Hawkins
of the U.S. Attorney Office for the Eastern District of Kentucky and
trial attorney Angie Cha with the Civil Rights Division.
The indictment is only an accusation. Neither person indicated in the
case have been convicted of any crime.
Michael Cole-Schwartz, spokesperson for the Human Rights Campaign,
praised the Obama administration for drawing its authority under the
Matthew Shepard Act to take action in the case.
"The Department of Justice should be commended for stepping in to
ensure that this crime – which was allegedly motivated by the victim's
sexual orientation – is prosecuted to the fullest extent,"
Cole-Schwartz said. "The ability for federal officials to work with
local law enforcement and bring appropriate resources to bear in cases
like this is a critical reason why the Shepard/Byrd Hate Crimes law is
so important."
--
Together, we can change the world, one mind at a time.
Have a great day,
Tommy
--
Together, we can change the world, one mind at a time.
Have a great day,
Tommy
--
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