By John Waters, Publisher
The Federal Bureau of Investigation is investigating the alleged sexual assault, kidnapping, robbery and arson that took place in Terlingua on December 6, as a possible hate-crime. The hate-crime provision may be invoked given that the attack seems to have been motivated by perceived sexual orientation of the victim.
Matt Espenshade, senior supervisory resident agent in the Midland FBI office, told the Gazette that the FBI is conducting a separate federal investigation to determine if the alleged crimes may be classified as “hate crimes” under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (HCPA).
Protected under the HCPA are a person’s actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability. Under previous federal law, hate crimes that fall under federal jurisdiction were those defined as being motivated by the victim’s race, color, religion or national origin. The HCPA expanded the definition of a hate crime, to include a crime motivated by the victim’s sexual orientation, or the perception thereof, “a step that would extend new protection to lesbian, gay and transgender people,” noted the New York Times.
The HCPA, signed into law in late October 2009, affords the Dept. of Justice the ability to aid local law enforcement in the investigation and prosecution of bias-motivated violent crimes. The act gives the DOJ increased latitude to pursue hate-crime investigations that local law enforcement agencies choose not to pursue, as such. The Brewster County Sheriff’s Department is not pursuing any hate-crime charges at this time.
After the FBI conducts its interview, Espenshade said, it will refer the case to the Department of Justice for a determination on whether or not to prosecute as a HCPA crime.
Regarding the possibility this may be the first investigation under the HCPA, Espenshade said, “To my understanding this has not been [investigated]. It would be fairly new ground. This would be something new.”
