Aaron McKinney, who was found guilty of the murder of Matthew Shepard, avoided the death penalty. Shepard’s lawyer agreed to a deal proposed by McKinney’s lawyer, which gave Aaron McKinney life imprisonment. McKinney, a 21-year-old drop-out and drug dealer, beat openly gay college student Matthew Shepard and left him to die on the prairie. Russell Henderson, the first to be convicted for the murder of Matthew Shepard, pleaded guilty earlier this year. McKinney was convicted on November 6th of this year for murder, aggravated robbery, and kidnapping. He lured Shepard from a local bar, robbed him of twenty dollars, lashed him to a fence, and cracked his skull with blows from a pistol. McKinney was sentenced to life in prison without parole and promised never to appeal his convictions.
I would like nothing better than to see you die, Mr. McKinney, but now is the time to begin the healing process,” Shepard’s father, Dennis, said in court. Investigators stated that the main motive was robbery, but because Shepard was gay, he was singled out. McKinney’s lawyer argued that McKinney snapped during a drunken, drug-induced rage after a sexual advance by Shepard triggered memories of a childhood homosexual assault.
Information from past articles on this case has shown that McKinney’s lawyer tried to use a gay-panic defense, stating that Shepard’s sexual advance triggered his actions, not because Shepard was gay. The gay-panic defense was shot down by the District Judge. The father of the murdered stated that this was a hate crime, pure and simple, with the added ingredient of robbery. He also asked Congress to pass a stronger hate-crime law. The statements by Shepard’s father show how hate-crime trials affect the administration of justice because they demonstrate a greater need for harsher penalties for hate crimes. This could prompt the administration to ask the question: Should hate-crime offenders face stricter penalties? Questions like this could slow down the trial system and increase the expenses of the trial.
This case could have a strong effect on our societies. Cases like this could make people more confident in the judicial system, knowing that people who commit hate crimes will receive harsh sentences. It could also show criminals in our societies how severe the penalties for a hate crime can be, possibly dissuading them from committing these crimes altogether. However, a case like this could also make people more fearful due to the existence of individuals who commit such serious crimes.
Homosexuals in our society can also look at this case as a step forward, showing that a gay-panic or homosexual-panic defense will not be an excuse for committing a crime. There are many insights that I have gained by studying this case. The first insight is the issue of gay-panic. I have learned that today, in many states and courts, this defense will not be accepted as an excuse for assault or murder. Another insight that I have gained is how the prosecutor and the defense can make deals so that the criminal will receive a less severe punishment. I have also learned how this case can affect the administration of justice and the people in our society in many ways. Bibliography: Shepard’s killer to go to prison.
Times Union, November 5, 1999, page A3.
