Kentucky Gay Ex-inmate: Homophobia fueled assault

The Daily News

Bowling Green - Brandon Milam, an openly gay former inmate of the Warren County Regional Jail, says hatred was the motivation for an assault he suffered at the jail in July.

Minutes after teaching a group of other inmates how to play the card game hearts, Milam, 26, was sitting on the bottom bunk of his jail cell when another inmate who lost the game shouted gay slurs before assaulting him July 2, Milam said.

That inmate, Timothy Michael Schwartz, 41, of Scottsville, is accused of biting off a portion of Milam’s nose, according to court records. A grand jury indicted Schwartz in July on a first-degree assault charge. Schwartz has pleaded not guilty.

The Kentucky Equality Federation, a public advocacy organization for victims of discrimination, hate crimes and school bullying, publicly condemned the incident in a news release Wednesday. The organization is calling on prosecutors to pursue the case against Schwartz as a hate crime and has agreed to provide legal assistance to Milam to help him obtain through the legal system the money he will need for multiple reconstructive surgeries to repair his nose, according to Jordan Palmer, the organization’s president.

“I just want my medical bills paid for,” Milam said. “I want to get all of this behind me.”

Milam anticipates needing four surgical procedures to repair his nose, with the first estimated to cost $26,000.

Jailer Jackie Strode turned over the jail’s investigative information on the incident to FBI Agent Mike Brown. Citing the ongoing investigation, Strode declined to comment.

Mary Trotman, chief division counsel for the FBI’s Louisville division, said her agency “cannot confirm or deny the existence of an investigation.” Brown told Milam that the FBI is not pursuing federal prosecution of the case, Milam said.

“The assault investigation is ongoing,” Warren County Commonwealth’s Attorney Chris Cohron said. “I cannot comment further.”

Milam said he has not spoken to Cohron about the case. However, “he will be contacted like all other alleged victims are during the course of the litigation,” Cohron said. Milam said Wednesday that he was in a protective custody cell at the jail when his nose was injured. Strode declined to confirm what type of cell Milam was being held in at the time of the injury.

However, it is the jail’s procedure to offer single person or protective custody cells to anyone entering the jail who fears for his or her safety, Strode said. “When people say that their life is in danger, you are going to find out why, and you are going to act accordingly,” Strode said.

Milam was serving time for a probation violation before being released to home incarceration July 10, he said.

Schwartz, who is still in jail, faces charges in a separate case of theft by unlawful taking of property valued at $10,000 or greater, devising or engaging in a scheme to defraud the Kentucky Medical Assistance Program of $300 or more and five counts of third-degree forgery.

In an email exchange between Palmer and Strode, Palmer asked Strode who is going to pay for Milam’s medical bills. Strode responded writing to Palmer, "Brandon Milan (sic) was a State Inmate who was released by the Dept. of Corrections. You may discuss that issue with them."

“He was a state inmate, and when they are state inmate, the state pays for their medical care,” Warren County Attorney Amy Milliken said. “No demand has been made on the county that I know of. Under normal circumstances when a demand is made on a jail issue, that is then referred to the Kentucky Association of Counties because they are our insurance provider.”

The federation maintains that inmates have a presumption of safety while incarcerated.

"The deliberate indifference that the jail facility seemed to maintain when placing Mr. Milam in the cell with the attackers while being aware of his sexual orientation opens them to civil liability," Jillian Hall, vice president of legal at the federation, said in a release.

"Having an uncaring attitude towards LGBTI (lesbian, gay, bi-sexual, transgender and intersex) inmates, as well as their fundamental human rights and dignity, appears to be a growing trend across the commonwealth’s county jailers." Palmer said in a prepared statement.

READ MORE:  http://www.bgdailynews.com/news/local/ex-inmate-homophobia-fueled-assault/article_fcaf8dea-fdbd-11e1-9a77-0019bb2963f4.html

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Equality Leader Jordan Palmer Named to Honorable Order

Being named a member of the Honorable Kentucky Order of Colonels is akin to receiving a knighthood from Queen Elizabeth II. It is an honorary title bestowed upon those who do great service for the community. Jordan Palmer, head of the LGBT group Kentucky Equality Federation, has been named to this Order by Governor Steve Beshear.

Palmer was nominated by senior Representative Ruth Ann Palumbo, chair of the House Standing Committee on Economic Development, senior Representative Tom Burch, chair of the House Standing Committee on Health & Welfare, and attorney Jill Hall Rose, former Law Clerk for the Supreme Court of the Commonwealth of Kentucky.

Perhaps the most famous Kentucky Colonel was Colonel Harland Sanders, best known for creating Kentucky Fried Chicken.

Rose stated that “I have known Mr. Palmer for over 10 yrs. and found him to be a tireless passionate advocate for equality and civil liberties across the commonwealth of Kentucky. Through the nonprofit organization he co-founded, Kentucky Equality Federation, he has successfully lobbied at both the State and Federal level for fair treatment of for all people regardless of their gender or sexual orientation. His specific work on hate crimes has brought these serious issues into the spotlight. Kentucky is fortunate to have such an outstanding individual working for us.”

Rep Palumbo added that “Jordan Palmer is a dear friend and outstanding Kentuckian. I was honored to nominate him to be a Kentucky Colonel, the highest award given by the commonwealth of Kentucky. Mr. Palmer works very hard for equality.”

Representative Burch described Palmer as being a compassionate advocate of equality and a role model for the community.

KEF Press Secretary David Jones said “From Mr. Palmer protesting Governor Fletcher and later Representative Fischer (twice, click here the second protest) for saying ‘ gays had not suffered enough,’ sponsoring a Soulforce Equality Ride at the University of the Cumberlands for kicking out a gay student, forcing school boards to allow Gay-Straight Alliances, rallying at Northern Kentucky University and the city of Hazard, FORCING policy changes, organizing Kentucky’s 1st Gay Marriage License Day, assisting in restoring the Kentucky AIDS Drug Assistance Program (KADAP) to successfully pushing the first federal hate crime, Mr. Palmer’s place in Kentucky history is secure.”

For his part Colonel Palmer said upon receiving the honor that “I am honored to receive the commission and will continue the work I do across Kentucky. I am honored Governor Beshear commissioned a LGBTI civil rights leader and humbled by the wonderful people who nominated me. I have always been fascinated by titles of honor, from Colonel to Companion and Knight in other countries. It is an award in recognition of a person’s deeds and merits. I plan to join the Honorable Order of the Colonels because I think the work they do is important, but not recognized as much as it should be.”

Read more at Lez Get Real: http://lezgetreal.com/2013/07/kentucky-lgbt-activist-jordan-palmer-named-a-colonel/

- See more at: http://unitedwestandky.com/2013/07/equality-leader-jordan-palmer-named-to-honorable-order/#sthash.8PWqDLG8.dpuf

Teen attacked, police not in position to determine 'hate crime'

LOUISVILLE, KY (WAVE) - A Louisville teen can barely talk, eat or breathe after an attack near Churchill Downs. Her family believes it was a hate crime. However, Louisville Metro Police Department investigators do not make that determination. It's a distinction handled by the Jefferson County Commonwealth Attorney's Office.

Fourth Division officers continue to investigate the apparent attack that occurred around 1:30 a.m. Tuesday that sent a 17-year-old girl to the hospital with a broken jaw, bruises and cuts covering her body. "Officers did receive a call of a possible assault. Upon further investigation, we've enhanced it to robbery," Public Information Officer Dwight Mitchell said.

The vicitm's family insists it wasn't a robbery, but an attack on the teen because she is gay. "This was a hate crime. There was hate slurs thrown. It was not a robbery," family friend Brenda Hickerson said. "She is a very proud lesbian girl and they were attacked for that very reason."

Police said two men and a woman approached the teen girl, along with two other boys, sometime during the early morning hours Tuesday. The men proceeded to attack the minors and grabbed a cell phone, according to Mitchell.

Police have not charged anyone with the crime. Mitchell said the details regarding the slurs will be included in charging documents if an individual is arrested.

"We may indicate that in the arrest once we've made the arrest - that any type of comments or slurs that were made could possibly enhance the charge if a court and a judge sees fit for that to happen," Mitchell told WAVE 3.

It's a story WAVE 3 broke Tuesday night. By Wednesday, The Kentucky Equality Federation issued a news release indicating the organization has made contact with the victims' families to "offer mental health services, legal services, or spiritual services after the attack."

In a prepared statement, Kentucky Equality Federation Regional Director Jeff Johnson said, "Obviously the people who did this have no fear of being prosecuted. We urge the Louisville Metro Police Department to throw every resource into finding those responsible, it is impossible to believe no forensic evidence was left at the scene of the crime."

Police have a vague description of the men who attacked the teens. If you or anyone you know has information regarding the incident, you're urged to call the anonymous tip line at 574-LMPD.

Story by: Scott Adkins, and Connie Leonard

Read more at: WAVE3 News

Read more at: 14 News

wave3.com-Louisville News, Weather

Brandon Combs Named Board Chair of Kentucky Equality Federation

By: Kathy Johnson

LEXINGTON, Ky. (July 20, 2012) ― Brandon Combs, telecommunications supervisor for the University of Kentucky Police Department, has been named chairman of the board of the Kentucky Equality Federation, Kentucky’s largest all-volunteer grassroots lesbian, gay, bisexual, transgender, and intersex (LGBTI) civil rights and advocacy organization for both social and political equality.

"Working in advocacy, especially in the LGBTI community, has been a consideration of mine for many years," Combs said.  "The Kentucky Equality Federation Board of Directors was a perfect fit, as it combines a strong advocacy voice and goal of equality in all aspects within the Commonwealth."

Combs is one of 10 members who serve on the board, and was elected chairman by his fellow members.

"I have personally welcomed Mr. Combs to the organization," said Jordan Palmer, immediate past president and founder of the organization. "I believe he will provide the leadership needed in my absence and beyond."

The current president, Joshua Koch, welcomed the new board members saying, "We are constantly moving forward, and this election is vital to shaping our strategy going forward. This team's recent sacrifices and capacity to seize the initiative portends great things for Kentucky Equality Federation and the Kentucky equality movement."

Read more:  http://uknow.uky.edu/content/brandon-combs-named-board-chair-kentucky-equality-federation

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Lexington police investigate disappearance of anti-gay, anti-abortion sign from billboard

Lexington police said Thursday they would investigate the disappearance of a controversial billboard message that denounced homosexuality and abortion.

The message on a billboard on New Circle Road near Leestown Road appeared last week and cited Bible passages beneath the statements "Homosexuality is an abomination" and "Abortion is murder."

The vinyl sign, which listed a phone number for Bluegrass Church of Christ in Scott County, was missing Thursday, leaving a blank billboard. Police contacted the church and took a theft report, spokeswoman Sherelle Roberts said.

"They told us that it indeed had been stolen," Roberts said. The sign was to have been up "for the course of a year, and so when it was gone after a week, it was suspicious."

Detectives will begin working on the case Friday, Roberts said. In addition to theft, potential charges could include criminal mischief.

Dan Moody, 72, a member of Bluegrass Church of Christ, said church officials were disappointed that the sign being stolen but "not necessarily surprised. But we're surprised they could get it so easily and so quickly.

"We're very disappointed with that and would like to get our sign back up and see if something can be done to prevent that from happening again."

In an interview with the Herald-Leader Thursday afternoon, Moody said that the church does not have a pastor but that male members rotate preaching and teaching. He said the 10-year-old congregation does not have its own building, meeting instead in members' homes or a motel. Moody would not say how many people are members of the church.

He said that the church spent $7,700 for the year's billboard rental and that it would cost about $700 to have the vinyl sign replaced. Moody wouldn't identify the company that rented the sign to the church because he didn't want the firm to be the target of harassment.

The church has paid for four other billboard messages along Interstate 75 in Georgia, he said; no vandalism was reported with those.

Moody said the church "fully intends" to replace the message.

Joshua Koch, president of the Kentucky Equality Federation, an organization that advocates for lesbian, gay, bisexual and transgender people and that has pushed for same-sex marriage in Kentucky, said Thursday that he was glad the message was removed.

"This whole incident has revealed the importance of bridging the gap between some portion of the Lexington religious community and the LGBT community," Koch said.

"Hopefully in the future that will not be a recurring issue. Honestly, Lexington is one of the friendlier cities in the region toward equality, and I certainly hope that trend continues."

Koch said in a statement last week that, although the federation respected the right to free speech, the billboard message subjected Lexington drivers "to an offensive and divisive message."

Although the message is gone from the billboard, a sign described as a replica has surfaced at a local bar and on social media sites.

On Thursday, a picture of a defaced version of the sign was posted on the Facebook page of Dronex Inc., which identifies itself as "a collective of creative dissidents working to challenge our visual landscapes to empower the people who occupy them." The sign appeared to have red devils painted over the original message.

Also, on Twitter, a user with the handle name @DronexInc sent a picture of that artwork at 9 p.m. Wednesday with the caption: "The devil will make work of idle hands."

The street artist who uses the identity of Dronex could not be reached for comment.

Andy Shea, the owner of Trust Lounge, said Thursday morning that a "replica of the billboard" had been displayed Wednesday night at the downtown Lexington bar. He said the piece was part of an "end of the world" theme party in which artists are invited to display their work.

Shea said the replica was part of a freedom-of-speech display.

Shea, who also is the general manager of the Lexington Legends, agreed to let the Herald-Leader see the artwork Thursday morning.

However, shortly after police announced it would investigate, Shea said the artwork resembling the billboard was no longer at the bar.

He said crews cleaned up after Wednesday's party, and all the artwork, including the replica, was removed.

About 15 people had posted on Dronex Inc.'s Facebook page, congratulating the artist for "getting the big story."

The controversial billboard message has been a topic of discussion on the Facebook page for nearly a week.

On Saturday, a user named Erik Roby posted a link to a WLEX-18 story about the billboard and said, "Think maybe a drone ought to deface this billboard and stand tall?"

On Sunday, Dronex Inc. posted a reply that said, "What billboard?"

On Thursday morning, Dronex Inc. posted: "Death from above / Love from below" — a post that had 22 likes by Thursday afternoon.

Under that post, a user named RustandBone Antiques posted: "Is the billboard for sale? Well done."

Moody, the church member, said threatening phone calls increased in the week that the sign was up. "Some are just real vulgar. Some ... say something like 'I've thought about finding out where you are and blowing this church up,'" he said.

But sometimes the phone calls from people who identify themselves as gay are "decent discussions," Moody said. "We're cordial with each other. Not agreeing but having a cordial discussion back and forth. Matter of fact, we've had calls from homosexuals saying, 'I didn't know that was in the Bible. I thank you for opening my eyes.' We've had that message more than once."

Read more here from the Lexington Herald-Leader and SUBSCRIBE; know what is happening in YOUR WORLD:

Lexington Herald-Leader: http://www.kentucky.com/2012/05/31/2207226/lexington-police-investigate-disappearance.html#storylink=cpy

Other sources:

• LezGetReal: http://lezgetreal.com/2012/05/kentucky-church-attacks-lgbt-community-with-religous-billboards/
• The Christian Post: http://www.christianpost.com/news/ky-billboard-condemning-homosexuality-abortion-goes-missing-75924/
• Life Site News: http://www.lifesitenews.com/news/churchs-pro-life-pro-marriage-billboard-stolen-from-kentucky-roadside
• LGBTQ Nation:  http://www.lgbtqnation.com/2012/05/lexington-ky-church-billboard-condemns-homosexuality-abortion/

Kentucky Equality Federation leader steps down because of health reasons

A high-profile advocate for gay and lesbian people in Kentucky is stepping down because of a serious health condition.

Jordan Palmer, president of the Kentucky Equality Federation, will turn over the reins of the organization to another officer as of May 7, according to a news release.

Palmer plans to return to the federation when he is able, but said it's not clear when that will be.

He declined to speak publicly about his health problem, but told federation members in a statement that it is life-threatening without immediate treatment.

Palmer said he is to have surgery soon.

"Should my luck run out, please know that serving Kentucky Equality Federation and working with all of you has truly been the highlight of my life and I have absolutely no regrets," Palmer told the group's officers and members in an email.

The federation advocates for lesbian, gay, bisexual, transgender, intersex people. It has pushed for same-sex marriage in Kentucky.

Last year, the group protested after an employee of a public pool in Hazard asked two gay men with disabilities to leave.

In another instance, Palmer pushed for federal authorities to take over another case involving a gay man who said he was attacked in Harlan County because of his sexual orientation.

The FBI took the case. A grand jury indicted two men on charges of kidnapping the victim and beating him because of sexual orientation — the first such charges in the nation under the federal hate-crimes law.

Joshua Koch, vice-president of policy and public relations at the federation, will take over as temporary president.

Read more here: http://www.kentucky.com/2012/05/05/2176980/kentucky-equality-federation-leader.html#storylink=cpy

2 face federal hate crime charge in Ky. gay attack

LOUISVILLE, Ky. — Two Kentucky men have been charged with a federal hate crime in a beating attack on a gay man in an Appalachian park, marking the first time the law has been applied in a U.S. case alleging bias over a victim's sexual orientation, authorities said.

The U.S. attorney's office in Lexington announced the charges against cousins David Jason Jenkins, 37, of Cumberland, and Anthony Ray Jenkins, 20, of Partridge. Both were indicted by a federal grand jury earlier this week in connection with the April 2011 attack that left victim Kevin Pennington with chest, head and other injuries.

The grand jury charged the men 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.

"The indictment marks the first federal case in the nation charging a violation of the sexual orientation section of the Federal Hate Crimes Law," said a U.S. Department of Justice statement.

"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.

"The bigger picture here is that the U.S. attorney's office is sending a message that you don't try to hurt someone and you don't injure them because of their sexual orientation or gender identity," said Jordan Palmer, president of the Kentucky Equality Foundation, a civil-rights group that lobbied the Department of Justice to intervene in the case.

David and Anthony Jenkins pleaded not guilty to the charges in federal court in London on Thursday. David Jenkins' lawyer, Andrew Stephens of Lexington, said Jenkins knew Pennington and Jenkins denies that he committed a hate crime.

"The hate crime component of this is just flat wrong," Stephens said. "I think it's very difficult to get into the mind of somebody and figure out what their intent is."

Kentucky Equality Federation, which advocates for gay, lesbian, bisexual, transgender and intersex people, had asked the U.S. Department of Justice to investigate the case.

Pennington also suffered injuries to his back, face, neck and ear in the attack at Kingdom Come State Park, a mountaintop park covering more than 1,200 acres of pristine pine-covered wilderness in the mountainous Appalachian region. He was subsequently treated and released from a hospital.

But Pennington remains emotionally scarred from the attack, Palmer said. He spoke with Pennington's mother on Thursday and she was pleased when she heard of the hate crime charges. She had contacted the group just hours after the attack on Pennington, Palmer said.

"I thought it was pretty sick when I heard about it," he said.

An FBI affidavit said Pennington was invited to go on an evening drive with two women he knew, but once he saw David and Anthony Jenkins in the truck, asked to be taken home. Pennington told investigators that David Jenkins demanded a sexual favor from Pennington, which was refused. Then the man said 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 pulled Pennington out of their truck, hit him and kicked him while "making anti-homosexual statements," according to the FBI affidavit.

"During the attack (the victim) was covering his face and they were all screaming `how do you like this faggot?'" the affidavit said.

Pennington escaped, ran to a ranger station, broke a window to get inside and called police.

Kerry Harvey, U.S. Attorney for Kentucky's Eastern District, said Thursday that a possible conviction on the hate crime charge could send the two men to prison for life. He said the men used a truck and traveled on a federal highway with the victim, which allowed the case to fall under federal jurisdiction.

The law is known as the Matthew Shepard-James Byrd Jr. Hate Crimes Prevention Act. Shephard was a gay college student killed in Wyoming in 1998.

"The law was really meant as a backstop so that the resources of the federal government could be brought to bear when necessary to deal with these kinds of crimes," Cole-Schwartz said.

Read more: http://www.huffingtonpost.com/huff-wires/20120412/us-hate-crime-gay-attack/

Kentucky men indicted under Matthew Shepard federal hate crime law

LEXINGTON, Ky. — A federal grand jury in London, Ky. on Thursday indicted two men in the first federal application of the Matthew Shepard-James C. Bryd hate crimes law since it was signed into law in October of 2009, according to an announcement by Kerry B. Harvey, the U.S. Attorney for the Eastern District of Kentucky.

Anthony Ray Jenkins, 20, of Partridge, Ky., and his cousin, David Jason Jenkins, 37, of Cumberland, Ky., were charged with conspiracy, kidnapping and committing an act of violence based on the victim’s sexual orientation.

The Shepard-Byrd law criminalizes acts of physical violence which are motivated by numerous factors, including one’s race, sexual orientation, or gender identity. The law also helps provide federal resources for investigating crimes and indicting alleged criminals.

According to the indictment documents, the incident began when the two men, accompanied by Anthony Jenkins’ 19-year-old wife, Alexis Leann Combs Jenkins of Partridge, and his sister, Mable Ashley Jenkins, 19, took the victim Kevin Pennington, against his will into Kingdom Come State Park near Cumberland in Harlan County on April 4, 2011, and severely beat him while yelling slurs about his sexual orientation.

FBI Special Agent Anthony M. Sankey stated in an affidavit that the women allegedly cheered on the attack, yelling “kill that faggot.”

Pennington said he was able to escape during a lull in the attack, and hid in the woods until the four stopped looking for him.

Pennington said he suffered numerous injuries, including bruises over much of his body, a torn ligament in his shoulder, a closed-head injury and a torn ear.

Pennington told investigators that he
had gone for a ride with the four, but asked to be taken home after a few minutes. The group told the man they planned to go to Kingdom Come State Park near Cumberland in Harlan
County, then return home.

According to court documents, David Jenkins asked and then demanded oral sex from him, which was refused, after which David Jenkins threatened to violently rape him.

Special Agent Anthony M. Sankey wrote in the affidavit that the truck stopped in the park because a tree had fallen across the road and Anthony and David Jenkins pulled the man out of the truck, then hit and kicked him while “making anti-homosexual statements.”

“During the attack (the victim) was covering his face and they were all screaming ‘how do you like this faggot?’” Sankey wrote. “Ashley yelled `yeah that what you like queer were gonna kill your … now.’”

In hand-written statements to Harlan County law enforcement at the time of the incident, each of the four acknowledged having the man in the truck that night, and three of the four implicated David Jenkins as the instigator of the attack.

Authorities said David Jenkins pointed to Anthony Jenkins as the one who began the attack, saying he only joined in after it had started.

The Jenkins were first charged in state circuit court in Harlan County after the attack, charges that were dropped once the Federal authorities filed a complaint.

Harlan County Commonwealth Attorney Henry Johnson said the charges in state court were withdrawn as it “made more sense to let the case go federal because the potential penalties are greater.”

“I’ve been aware of the fact that there was an investigation going on, and the federal authorities have been very thorough in their investigation on this,” Johnson said.

Alexis and Mable Jenkins are not named in the new indictment and a note on the U. S. District Court webpage says the earlier charges against them have been terminated.

The Kentucky Equality Federation, a civil rights group, pushed to have the four charged under the Shepard-Bryd law.

“We wanted this in federal court where the judges are appointed, not elected, so they don’t have to keep a portion of the population happy,” said Jordan Palmer, executive director of the group.

Palmer said he was pleased to see a hate-crime charge filed in the attack on Pennington.

“We do believe that a hate crime occurred,” he said.

The federation, which advocates for gay, lesbian, bisexual, transgender and intersex people, had asked the U.S. Department of Justice to investigate the case.

First federal hate crime indictment handed down based on sexual orientation due to Kentucky Equality Federation president Jordan Palmer

The Georgia Voice

The U.S. Department of Justice announced today it has indicted two Harlan County, Ky., men for participating in the kidnapping and beating of a gay man.

This is the first indictment handed down under the federal Matthew Shepherd and James Byrd Jr. Hate Crimes Prevention Act involving sexual orientation, according to a press release from the DOJ.

The federal grand jury indicted David Jason Jenkins, 37, and Anthony Ray Jenkins, 20, "for kidnapping and assaulting Kevin Pennington, and for conspiring with each other and other unnamed individuals to commit the kidnapping," according to the press release.

"The indictment alleges that on April 4, 2011, the two defendants kidnapped and assaulted Kevin Pennington because of Pennington’s sexual orientation. According to the indictment, the defendants enlisted two women to trick Pennington into getting into a truck with the defendants, so that the defendants could drive Pennington to a state park and assault him. According to the indictment, the defendants then drove Pennington a secluded area of the Kingdom Come State Park in Kentucky and assaulted him," states the DOJ release.

According to a statement given to the Kentucky Equality Federation, Pennington said he begged his attackers to stop.

"The whole time I screamed and begged them to stop, I was screaming I'm sorry for whatever I had done to make them want to do this to me. I can remember seeing bright flashes of light every time one of them would stomp or punch me in the head with them telling me he was going to rape me asking me if I was going to suck his [edited] how they would hold me down if they had to and how he was going to [edited] me in the [edited] dry until I bled," Pennington said.

The two men face a life sentence if convicted.

President Barack Obama signed the federal hate crimes bill in October 2009.

Read more: http://www.thegavoice.com/news/national-news/4441-first-federal-hate-crime-indictment-handed-down-in-case-of-assault-on-gay-man

Kentucky men face first-of-their-kind federal hate-crime charges

Two Eastern Kentucky men are the first in the nation to be charged under the section of the federal hate-crimes law that makes it illegal to attack people based on their sexual orientation, said U.S. Attorney Kerry B. Harvey.

Two cousins targeted a gay Letcher County man for a vicious assault because of his sexual orientation, a federal grand jury has charged.

The grand jury indicted cousins David Jason Jenkins, 37, of Cumberland and Anthony Ray Jenkins, 20, of Partridge on charges of conspiracy, kidnapping and committing an act of violence based on the victim's sexual orientation.

They face a possible life sentence if convicted.

The two are charged in the beating of Kevin Pennington during a late-night attack in April 2011 at Kingdom Come State Park, near Cumberland.

Anthony Jenkins' wife, Alexis Leeann Jenkins, and his sister, Mable Ashley Jenkins, both 19, allegedly urged on the attack, yelling "kill that faggot," according to a court document.

Pennington, 28, said he was able to run away during a brief lull in the attack. He hid in the woods until the four stopped looking for him, then made his way to the ranger station to call for help.

Pennington said he suffered various injuries, including bruises over much of his body, a torn ligament in his shoulder, a closed-head injury and a torn ear.

In a telephone call recorded at the Harlan County jail after the four were arrested, David Jason Jenkins told his ex-wife that Anthony Jenkins didn't like Pennington because he was gay, according to an affidavit from an FBI agent.

Pennington told the Herald-Leader there also had been some friction because he had rejected advances from David Jason Jenkins and, soon before the attack, from Mable Ashley Jenkins, who goes by Ashley.

According to the indictment, David Jason Jenkins, who goes by Jason, and Anthony Jenkins came up with a plan to assault Pennington because he was gay.

They had Alexis and Ashley Jenkins lure Pennington from his home with the promise to take him somewhere to get Suboxone, a much-abused pain drug, according to the indictment.

Court documents said the two men dressed in hooded shirts or jackets they thought would conceal their identities, and they disabled the interior light in Anthony Jenkins' extended-cab Chevrolet Silverado pickup so Pennington wouldn't be able to recognize them when he got in the back seat with the women.

Pennington said he'd seen the two men attack a friend of his in 2009 and wouldn't have gotten in the truck if he had known they were inside, according to a court document.

Pennington said once he realized who the men were, on the way to the state park, he asked them to let him out of the truck, but they refused.

The two men allegedly dragged Pennington from the truck at a secluded part of the park and punched, kicked and stomped him.

Jason, Anthony, Alexis and Ashley Jenkins were charged first in Harlan County in the attack, but the FBI filed a complaint last month charging the four with taking part in kidnapping Pennington.

The new indictment, returned Wednesday evening, added more charges against Jason and Anthony Jenkins. However, Alexis and Ashley Jenkins were not charged in the indictment.

Jordan Palmer, president of the Kentucky Equality Federation, said Thursday he was pleased to see a hate-crime charge filed in the case.

"We do believe that a hate crime occurred," Palmer said.

The federation, which advocates for gay, lesbian, bisexual, transgender and intersex people, had asked the U.S. Department of Justice to take the case.

Harvey said he has made enforcement of civil-rights laws, including the law on hate crimes, a priority since he took over as the top federal prosecutor for Central and Eastern Kentucky in May 2010.

The U.S. Attorney's Office has since conducted training for state and local police and prosecutors on federal civil-rights laws, and met with community groups to raise awareness. Harvey also has designated a unit in the office to focus on civil-rights enforcement.

Harvey said he could not comment on specifics of the case from Harlan County, but said "it certainly is the kind of case that will be a priority for us."

Lexington Herald-Leader: http://www.kentucky.com/2012/04/12/2148377/two-eastern-kentucky-men-indicted.html#storylink=cpy