Wednesday, November 2, 2011

In Brief

Staff Reports
Three Suspects Charged in Beating of Texas Gay Man

RENO, LAMAR COUNTY, TEXAS -- The Lamar County District Attorney's office told LGBTQNation Wednesday that three men have been arrested and charged in the malicious wounding of 26 year old Burke Burnett last weekend in Reno, Texas. Burnett was at a private party at about 1 a.m. Sunday when four men suddenly attacked him, stabbing him at least twice with a broken beer bottle before throwing him onto a lit burn barrel yelling homophobic epithets.
A spokesperson for the District Attorney said that Micky Joe Smith, 25, Daniel Martin, 33, and James “Tray” Mitchell Laster III, 31, all face charges of aggravated assault with a deadly weapon and aggravated assault causing serious bodily injury. The charges are second-degree felonies, punishable by up 20 years in prison.
The Lamar County Sheriff’s Department confirmed that Martin and Laster are each being held on $250,000 bond, a Sheriff's spokesman said that no bond has been set for Smith, who was taken into custody earlier Wednesday.
Lamar County District Attorney Gary Young told reporters that it will be up to a county grand jury to decide whether the three suspects are prosecuted with the state's hate crime enhancement. Under Texas statues, the enhancement could result in the charges being bumped up from second-degree felonies to first-degree felonies — punishable by five to 99 years in prison.
“We’re in the process of receiving all the information as a result of the investigation,” the District Attorney said. “We will present all that information to the grand jury, including all the information as to whether it’s a hate crime or not. The grand jury will make a determination whether it [a hate crime] is or isn’t part of the charge. If their actions of committing the aggravated assault are based on race or sexual orientation or whatever it may be, the grand jury can choose to enhance the offense up a level.”
Mr. Young refused to further discuss the status of the ongoing investigation.

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