Wednesday, April 3, 2013

In Wisconsin a man is calling a guy a faggot while beating the crap out of him and it is NOT a hate crime

Rice Lake, Wisconsin (about 100 miles northeast of Minneapolis): Timothy Phares and his sister Krista Kathrine, were getting out of his car in a parking lot when Rien Hendricks and his wife Shannon Hendricks (a co-worker of Phares) pulled up behind them in an SUV.

Hendricks was getting out of his vehicle, and, according to Phares, said "Fucking faggot, I’m going to kill you."

At that point Phares said Hendricks struck him in the head with great force using a 2 x 4 piece of lumber. In a written statement, Krista Kathrine said she heard her brother’s head smack the pavement, but Tim Phares lost consciousness and doesn’t remember anything else before waking up in the hospital.

Phares suffered head and facial abrasions as well as multiple facial fractures that will ultimately require surgery to implant metal plates, he said.

Hendricks, 36, who lives was taken into custody and charged with substantial battery intended to inflict bodily harm, a Class 1 felony. He faces a $10,000 and a much as three and a half years in prison. Hendricks, who has prior convictions for theft, false representation and distributing marijuana, is free on bail. In the past, Hendricks has also faced charges for bail jumping and violating unemployment law.

Despite the anti-gay slur shouted prior to the attack, there is not adequate evidence to prosecute the alleged assault as a hate crime, according to Barron County District Attorney Angela Beranek. She said Wisconsin law requires evidence that a crime was committed wholly or in part due to the perceived sexual orientation of the victim in order to attach a hate-crime enhancement to the charges.

Read more at the Wisconsin Gazette.
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