Date: Sat, 16 Oct 1999 13:18:07 -0400 From: Sean Kosofsky Subject: GAY-BASHING IGNORED: WYOMING MAN NEARLY KILLED;SUSPECT RELEASED NCAVP National Coalition of Anti-Violence Programs - MEDIA RELEASE - FOR IMMEDIATE USE Contact: JEFFREY MONTGOMERY (313) 506.1847 (313) 537.3323 JOHN LITTLE (307) 778.7645 GAY-BASHING IGNORED WYOMING MAN NEARLY KILLED; SUSPECT RELEASED (October 16, 1999; Laramie Wyoming)----------- In an apparent case of irresponsible and anti-gay police investigation and prosecution, the alleged assailant in the near-fatal beating and sexual assault of a Wyoming gay man has been undercharged and allowed to roam free in the community, according to activists familiar with the incident. In spite of the fact that he allegedly nearly killed a man in the vicious baseball bat beating, the attacker faces only simple assault charges. As reported in the Saturday, October 16 edition of the CASPER STAR TRIBUNE, Lester Shuler, of Douglas, Wyoming, suffered the beating and assault on October 9. The suspect, Jody Hoving, allegedly sexually assaulted Shuler after harassing and taunting him in a local bar and pursuing Shuler to his home where the assault and beating occurred. Shuler required 36 stitches to close head wounds received in the attack. Doctors say that the blows came within a quarter inch of being fatal. News of the attack has surfaced against the backdrop of the first phase of the murder trial of Aaron McKinney in the beating death of gay University of Wyoming student, Matthew Shepard. Shepard was killed one year ago this week. The trial is underway in Laramie, about 140 miles south of Douglas. "The police and prosecutors appear to be treating this case with alarming indifference," said Jeffrey Montgomery, National Coalition of Anti-Violence Programs (NCAVP) Steering Committee member, in Laramie to monitor the McKinney trial. "We are calling on John Robinson, the prosecutor in Douglas, to take another look at the events in this incident and issue more serious charges against Hoving." Montgomery is also Executive Director of the Triangle Foundation, a Michigan-based gay/lesbian anti-violence agency. "It's a cruel irony that, with a national spotlight again focusing on hate violence against gay, lesbian, bisexual and transgender (glbt) people, an attack like the one suffered by Les Shuler would come to light," said John Little, Executive Director of United Gays and Lesbians of Wyoming (UGLW). "It also calls attention to Wyoming's failure to enact any hate crime legislation." Shuler reportedly resisted Hoving's aggressive advances and made clear his disinterest in the sexual activity that Hoving was suggesting. Hoving, who claimed to be heterosexual, was insisting he wanted to experience gay sexual activity with Shuler. Shuler repeatedly shunned Hoving's advances. Hoving's behavior became so offensive to Shuler and others in the bar, that police were called to remove Hoving from the premises. Police allowed Hoving to stay at the bar. Shuler left the bar to escape Hoving's advances. Later, Hoving appeared at Shuler's apartment and allegedly forced his way in after Shuler opened the door. Terrified of his unwanted guest, Shuler says he was eventually forced to participate in oral sex with Hoving. While Shuler was lying on his bed, Hoving allegedly struck the victim multiple times on the head, upper torso and arms. Shuler temporarily lost consciousness. When he came to, Shuler called a neighbor for assistance and was rushed to the hospital. "There is no such thing as consent in sexual assault," said Dede de Percin, of Equality Colorado, and NCAVP Steering Committee member. "Under the circumstances, dealing with a threatening, menacing assailant, Shuler did what he thought he needed to do. Anti-violence advocates know well that sexual assault followed by violent attack is all too common against glbt people." "This incident also highlights one of the frustrations of the last year," said Little, of UGLW. "With all the discussion about how to respond to bias violence, we in Wyoming still don't have an advocacy program for victims of bias crimes." "A further irony in Les Shuler's beating is that it takes place while the Republican leadership in Congress is currently working to remove crimes based on sexual orientation from the Hate Crime Protection Act," added Montgomery. "This action is anti-gay, and it endorses the beatings and murders taking place every day. Only wanton disregard for the lives ruined by bias violence could explain the lack of action. The aggressive drive to excise these crimes from the law is unconscionable." -30- The National Coalition of Anti-Violence Programs (NCAVP) addresses the pervasive problem of violence committed against and within the lesbian, gay, bisexual, transgender and HIV-positive (LGBTH) communities. NCAVP is a coalition of programs that document and advocate for victims of anti-LGBTH violence/harassment, domestic violence, sexual assault, police misconduct, and other forms of victimization. NCAVP is dedicated to creating a national response to the violence plaguing these communities. Furthermore, NCAVP supports existing anti-violence organizations and emerging local programs in the efforts to document and prevent such violence United Gays and Lesbians of Wyoming (UGLW) is an organization that seeks to enhance the lives of gays, lesbians, and bisexuals in the Equality State through education of the general public and our membership concerning gays, lesbian, and bisexual issues; protection and promotion of the civil rights of gays, lesbians, and bisexuals; to socialize and meet other gays, lesbians, and bisexuals; and the establishment of a statewide network for dissemination of information regarding gay, lesbian, and bisexual issues and events. EDITORS: PHOTOS OF MR. SHULER'S WOUNDS ARE AVAILABLE FROM NCAVP. CONTACT JEFFREY MONTGOMERY AS TRIJEFFM@AOL.COM OR 313-506-1847.