Matthew Shepard Murdered for Being Gay
Shepard's Horrific Death, Hate Crimes and Gay Panic Defence
Shepard, who studied at the University of Wyoming, was tortured and murdered near the town of Laramie. According to reports, 21-year old Shepard had met Russell Henderson and Aaron McKinney at a campus bar called Fireside Lounge on October 7, 1998. The latter two had led Shepard to believe they wanted to discuss the politics of the gay community, and offered him a ride home. He never made it.
Shepard’s Attack, Injuries and Death
According to Henderson’s testimony, after they got into the truck, McKinney threatened Shepard at gunpoint for his wallet, “Guess what. We’re not gay. And you’re gonna get jacked.” They drove more than a mile outside Laramie, where they tied Shepard to a wooden fence. As he begged for his life, McKinney pistol whipped him with a .357 Magnum, and left him to die in near freezing temperature.
It was only eighteen hours later that he was discovered by Aaron Kreifels, who originally mistook him for a scarecrow. He was still alive at this point, but with fatal brain injuries, lacerations around his head, face and neck. Patrol Officer Reggie Fluty testified that his face had been caked in blood, with skin visible only where it had been streaked by his tears.
Dr. Patrick Allen, who performed the autopsy, said that Shepard “may never have completely lost consciousness” during the ordeal. Shepard was pronounced dead as of October 12, 1998 at Poudre Valley Hospital in Fort Collins.
McKinney and Henderson’s Trials: Gay Panic Defence
McKinney and Henderson were arrested shortly after, as police had found the bloody murder weapon and Shepard’s shoes and wallet in their truck. During the trial, their lawyers attempted to use the “gay panic defence”, alleging that they only acted “in the heat of passion” because Shepard had been making advances on them.
They also tried to invoke Wyoming’s diminished-capacity clause, arguing that high levels of alcohol had left McKinney incapable of judgment, and that he had no intention of murdering Shepard. This was refuted by Fireside bartender Matthew Galloway, who testified that McKinney had showed no indication of being intoxicated.
Henderson avoided the death penalty by agreeing to testify against McKinney, was charged with felony murder and kidnapping. A year later, McKinney was also charged with felony murder, aggravated robbery and kidnapping. Both men are serving two consecutive life sentences, without the possibility of parole for McKinney.
Matthew Shepard’s Legacy
The Matthew Shepard Foundation was established by Dennis and Judy Shepard in honour of their deceased son, promoting equality and acceptance of the homosexual community. The Matthew Shepard Act was proposed to extend federal hate crime legislation to include that of gay, lesbian, bisexual and transgender individuals. The bill passed the House of Representatives in May 2007, and also the Senate in September 2007.
Shepard and his family have managed to bring global attention to gay hate crime, but at a terrible cost. His legacy lives on, with multiple tributes in documentaries, movies, songs and literature, a reminder of the need for a tolerant society in the diverse world humans live in today.
For ABC’s 2004 report on how Shepard’s murder may not have been motivated by his sexual orientation, please visit http://abcnews.go.com/2020/Story?id=277685&page=1
Matthew Shepard (Dec 1,1976-Oct 12,1998)
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