Montrose, CO – District Attorney Thomas Raynes announced today that hate violence will not be included in the list of charges that the DA’s office is bringing against two of the suspects in the Murder of Kevin Hale, an openly gay man who was killed in Montrose, CO on July 30th.

The suspects, Jason Fiske and Adam Hernandez, are being charged with first degree murder and intimidating a witness, as well as conspiracy to commit robbery. When asked why the incident was not being investigated as a hate crime, Assistant District Attorney Mark Adams declined to comment further but stated that the issue could be raised again, particularly at sentencing. If a crime is shown to be bias-motivated, the sentence can carry enhanced penalties. Sexual orientation was very recently added to the list of protected categories under Colorado’s Ethnic Intimidation Act. The Act currently includes race, religion, national origin, color and ancestry and as of July 2005, sexual orientation and disability.

“CAVP and Western Equality are encouraging the DA to explore the possibility of hate as a motive in this crime, not because of the penalty enhancement,” said Avy Skolnik with the Colorado Anti-Violence Program. “We are asking the DA to do this because violence targeting members of specific communities has a significant ripple effect – these crimes send messages to other LGBT people that they are not safe in the world. When investigators and prosecutors are willing to talk about hate and bias as elements in a crime, they send a message back that authorities will take steps to protect people who are more likely to be targeted for violence, such as LGBT people.”

Family and friends of Kevin Hale believe that the murder was hate-motivated. “Kevin was very openly gay,” Larry DeVinny, Hale’s uncle, said when speaking with CAVP staff about the incident. Under Colorado’s Victim’s Rights Act, the DA is mandated to listen to concerns from the family members in this case. “If the DA remains unwilling to look at this as a hate crime, it sends a message to the community and to the family about the willingness of the legal system to protect LGBT people from violence,” observed Michael Mansheim of Western Equality.

“All other issues aside, we hope the fact that sexual orientation is now a protected category under Colorado state law will help ensure that this investigation is accurate and comprehensive,” said Veronica Garcia with The Colorado Anti-Violence Program.

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Western Equality of Grand Junction is creating a more fair community through advocacy, education, support, referrals, and mobilization of the lesbian, gay, bisexual, transgender community, our allies, and the larger public.

The Colorado Anti-Violence Program is working to end violence within and against lesbian, gay, bisexual and transgender communities across Colorado. If you are in crisis or if you have information on this or any other incidents of violence against LGBT people, please call us at 1.888.557.4441.