Anonymous Gay Male - Texas - October 2006

On October 3, 2004, a 17-year-old gay male, and Cleburne High School senior, attended a party with several female friends. He was attacked by three teenage males who who yelled anti-gay slurs while beating, stomping, and kicking him with steel-toed boots.

The gay male victim attended a party thrown by other teenagers on October 3, at the Northridge Court apartments in Cleburne, TX, with a female friend.¹⁾ As he arrived, one of three teenage males standing outside the apartment asked about his sexual orientation. The victim ignored the question and told the his friends that he thought they should all leave. At this point, the three teenage males – Christopher Lathers, 17, Cory Gibson, 18, and Billy Calahan, 19 – approached him from behind and attacked.²⁾

The victim was punched from behind and fell to the floor, at which point the three attackers beat, stomped and kicked him until he lost consciousness.³⁾ Several young women at the party attempted to stop the attack, and the victim later managed to escape.⁴⁾

The following morning, the victim went to the police after his mother took him to the hospital to have his injuries examined.⁵⁾ He suffered broken bones in his face, and required reconstructive surgery and treatment for a severe injury to his right eye.⁶⁾

None of the assailants attended school with the victim. Lathers attended the Cleburne district's alternative school, for students who are academically behind. Calahan and Gibson did not attend school in Cleburne.⁷⁾

Lathers, Calahan, and Gibson were arrested and charged with aggravated assault causing serious bodily injury, and second degree felony.⁸⁾ Lathers was released on $25,000 bond.⁹⁾

Lather's mother – Tammie Hoskins, whose apartment was the site of the party and the attack – said the assault was not motivated by hate, but happened because the gay male and his friends had been drinking, refused to leave, and “one thing just led to another.”¹⁰⁾ Police Sgt. Knoll, however, said to reporters, “We have found no other reason for the attack other than the belief that he was a homosexual.”¹¹⁾

Lathers, was indicted on charges of aggravated assault, a second degree felony charge – that was elevated to first degree felony when hate-crime charges were added – on December 17. Calahan and Gibson were indicted on misdemeanor assault charges that were elevated to Class A misdemeanor charges when hate crime elements were added. District attorney Dale Hanna said that Lathers inflicted the most damage by kicking the victim with steel-toed boots.¹²⁾ Calahan also wore steel-toed boots. Gibson wore sneakers.¹³⁾

On January 20, 2005, Calahan and Gibson pleaded not guilty to Class A misdemeanor charges. Lathers, accused of punching and kicking the victim, pleaded not guilty to first-degree felony charges.¹⁴⁾

On June 17, 2005 Calahan pleaded guilty to assault with bodily injury because of prejudice. He was sentenced to probation, ordered to undergo anger-management counseling and random drug testing, perform 200 hours of community service and pay a $1,000 fine and court costs.

Calahan was also ordered, along with Lathesr, to share in paying the victim's $3,626 in medical bills. Lather's pleaded guilty to felony assault and was sentenced to 180 days in boot camp. Gibson was also sentenced to probation, but was not ordered to pay the victim's medical costs.¹⁵⁾

Calahan and Gibson were soon back in legal trouble. The county attorney filed a motion to revoke Calahan's parole after he was arrested in August 2005 on suspicion of misdemeanor theft and alcohol consumption. Calahan's probation was modified to include 15 days in jail. Gibson also raced a probation revocation hearing after failing drug tests ordered as a condition of his probation.¹⁶⁾