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Gay Man Attacked & Beaten
Posted Friday, May 15, 2009 ; 05:18 PM | View Comments | Post Comment
Updated Friday, May 15, 2009; 06:51 PM

Charged With Malicious Wounding

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Was it a hate crime? Perhaps anywhere but in West Virginia.

Story by Dave Elias
Email | Bio | Other Stories by Dave Elias

Wheeling -- A gay man was brutally beaten beyond recognition this week. He says he was attacked because he is openly gay in the Wheeling area. His alleged attacker 37-year old James Durbin is charged with malicious wounding. But the 40-year old gay man believes it was a hate crime because Durbin allegedly called him an explative faggot.

Just after screaming that discriminating remark Durbin was hit from behind. He received more than 20 stitches to his face and head. His eyes were swollen shut and his nose broken. He even had a boot print of the side of his head where he was kicked.

The victim is outraged because in West Virignia his attacker can't be charged with a hate crime because the attack allegedly occured over his sexuality. However, if the victim were attacked over his religion or color then it would qualify as a hate crime. Sexuality is not covered.

While investigating this story we've learned that Durbin was indicted earlier this week on two counts of domestic violence. According to reports Durbin allegedly bit his father on the shoulder and then punched his stepmother in the face.

Durbin is being held now without bond because of these latest developments. Prosecutors want him held without bond until a trial date is set. The Judge will make the decision Monday at 2pm.

The victim is still suffering from the beating but is expected to make a full recovery. Police say they arrived at 14th and Market Street striking and kicking the victim.

7 News will be in the courtroom Monday during Durbin's hearing.

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User Comments [ post comment ]

Katy
5/19/09 at 3:38 PM

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Instead of calling West Virginia "backwards" or "a bunch of rednecks", let's join hands and be proactive with this issue. I'm proud to be from this great state and a part of this great nation...where we can come together and help protect others from situations such as this recent Wheeling hate crime.

Just a few weeks ago, the U.S. House passed legislation that would add sexual orientation and gender identity to existing hate crimes statutes. The attack this weekend in our own backyard is a glaring example of why this legislation is necessary.

The bill, called the Matthew Shepard Act, is about to be voted on in the U.S. Senate. I highly recommend that all of the concerned West Virginia residents contact our senators, Jay Rockefeller and Robert Byrd, and let them know their support of the Matthew Shepard Act is NECESSARY.

No one should face violence simply because of who they are.

Michael
5/16/09 at 8:56 AM

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I cannot understand the inconsistency by those who on one hand say that the death penalty is an effective deterrent but that hate crimes laws are "special rights".

The victim brings up a very important point. A Fundamentalist Christian could attack me because I'm gay and receive less punishment than if I were to attack a Fundamentalist Christian. Who, again, is asking for "special rights"?

Pepe
5/16/09 at 8:34 AM

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How would a hate crime law be considered a "special right." It incurs no additional benefit to the individual. It may include sentencing enhancements, but any benefit of that nature would be for the good of the entire society since it would keep the perpetrator off the streets even longer.

In this case it seems hate was the primary motive and, yes, we do determine motive all the time. The only other possibility is that Durbin is completely deranged since he attacked his own parents earlier in the week. Regardless hate was a motivating factor.

Ashamed to be a West Virginian..AGAIN
5/16/09 at 7:53 AM

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As usual WV is behind in another area. It is a hate crime. When the Jews were masacared wasnt that a hate crime in the nth degree? Then why you backwards thinking WV people think this is any different is only for you rednecks to understand! If you are killed or beat because "you" are a WV redneck with backwards thinking, would that be a hate crime? Probably! But if you are killed in WV because you are gay it is not? Ashamed to be from WV!!!

woofens
5/16/09 at 4:20 AM

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A crime is a crime, and calling something a "hate" crime is just another form of discrimination. If you assault someone, you should be charged with assault, no matter what color, religion or sexual preference that person has. This whole politically correctness has gotten totally out of hand.

Dave
5/16/09 at 1:44 AM

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Cricket- We determine motives all the time in crimes all the time.

How would you feel if this person was a pregnant woman? Do you think the punishment should be the same as if she was not with child? What about murder? We have 1st, 2nd and 3rd degrees of murder. Voluntary and Involuntary manslaughter.

There is a significant danger to society when a marginalized minority is attacked because it's place in society. That is why hate crime laws are necessary.

cricket
5/15/09 at 11:45 PM

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I think that any brutal crime is a hate crime and I do not believe that anyone should have "special rights". Prosecute the perps to the full extent of the law but no to certain people being treated differently with special laws.

Debbie
5/15/09 at 8:14 PM

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I agree with Ella on the point of WV having to acknowledge being gay is a right whether anyone likes it or not. Why care whom someone else sleeps with, lives with, etc.? This disgusts me. Now, if this was a person of color, it would all be turned differently, I am sure. Exactly why I left WV for Ohio when I was 17 and never looked back.

Michael
5/15/09 at 7:53 PM

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I want to thank Dave Elias for making viewers see that "The Friendly City" isn't always so friendly. Pursuing this story is a credit to Dave's character and integrity.

Ella
5/15/09 at 7:31 PM

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No, clearly there was no hate at play here. West Virginia would actually have to acknowledge being gay as a right and an alternative in order to include hate against gays as an official charge. Something the state is far too backward to do any time soon.

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