2 Kentucky men face hate crime charges in attack on gay man
{{#rendered}} {{/rendered}}Two men have been charged with a federal hate crime in the beating of a gay man, marking the first time the law has been applied in a U.S. case alleging bias over a victim's sexual orientation.
The U.S. attorney's office in Kentucky announced the charges against cousins David Jason Jenkins, 37, and Anthony Ray Jenkins, 20, for the April 2011 attack that left Kevin Pennington with chest, head and other injuries.
They were charged with violating a hate crime law that was expanded in 2009 to cover assaults motivated by bias against gays, lesbians and transgender people. They also were indicted on federal kidnapping, assault and conspiracy charges.
{{#rendered}} {{/rendered}}"It's vindicating to see that the years of hard work that went into making sure this law was on the books is now being put into place," said Michael Cole-Schwartz, a spokesman for the Washington-based Human Rights Campaign, which pushed for the law's passage.
David and Anthony Jenkins pleaded not guilty.
"The hate crime component of this is just flat wrong," said David Jenkins' lawyer, Andrew Stephens. "I think it's very difficult to get into the mind of somebody and figure out what their intent is."
{{#rendered}} {{/rendered}}An FBI affidavit said Pennington went for a ride with the two men and two women but asked to be taken home after a few minutes. Pennington told investigators that David Jenkins demanded a sexual favor from him, and he refused. Then David Jenkins threatened to violently rape him, according to the affidavit.
The truck stopped in the park because a tree had fallen across the road, and Anthony and David Jenkins pulled Pennington out of the truck and attacked him. The women in the truck, Alexis Leann Combs Jenkins and Mable Ashley Jenkins, have been charged with kidnapping and aiding a kidnapping, authorities said.
The men hit him and kicked him while "making anti-homosexual statements," according to the FBI affidavit.
{{#rendered}} {{/rendered}}"During the attack (the victim) was covering his face and they were all screaming `How do you like this, faggot?"' the affidavit said.
U.S. Attorney Kerry Harvey said Thursday that a possible conviction on the hate crime charge could send the two men to prison for life.