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.
Booking Photos courtesy Laurel County, Ky. Sheriff’s Department
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.
Kevin Pennington
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.
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Sorry it has to be used, but glad it’s there. About time people are held accountable.
Yayyyyy!!!
Good start. Make them realise the error of their ways.
thank God he survived
Glad the law will see to it that these 2 people get what they deserve.
DAMN. :(
When will it end?
Very glad he suvived and even joyous that those ignorant, intolerant people were caught and actually tried…and it stuck! It’s about time!
@Donald, they haven’t been tried in court, yet. This was just a Federal Indictment… it still has to go before the jury, which may take forever and ever.
It will never end as long as bigotry exists
let the punishment fit the crime…hurl some vocal crap the in-bred a-holes
It’s so sad for this to be happening..Hang him HIGH!!
:o(
and they learned it all in church!!!!!
I live in Louisville, KY and I’m proud they are nailing them with a federal crime! Let’s keep this up KY!!!
Im glad he survived to and am overjoyed that he will get to see his assailants tried and sentenced (hope for the max *cross fingers)
I agree with E.T. Turner… its not cool it had to be used, but it is a good thing the law exists!
It is time they enforce the hate crime law recently a young guy in Tulsa was beaten and they do not consider it a hate crime there
I’m so glad I moved away from where that shit is hAppening!!
I’m from Northern Kentucky. Doesn’t matter though; hate to anyone from anyone, no matter where they’re from, is unacceptable. Also, for those of you who are unaware of or want to know more about Matthew Shepard, I recommend reading The Laramie Project. Short read but it’s brilliant.
Yeah I’m glad I moved away from there years ago. It isn’t as bad as it used to b, at least the guy survived these dumbasses
We have the Laramie Project here in MI, 12 APR-15 APR, in Midland
I hope they get very long sentences. Why the hell aren’t the women also being charged?? Damn sick bastards!!
I agree with Judie that they should have long sentences but also that the women should be charged as well. they were there and could have stopped it but they didn’t they cheered it on instead. Charge them as well because they are just as quilty as the men.
Hates gays, demands oral sex from a man. Yup, that one sick puppy.
They are from the county I live in, Cumberland is about 20 mins. away from where I am.
Sometimes, I hate it here. People are SO bigoted and close-minded. I am SO happy they are being charged with a hate crime!!! I think the 2 girls should be charged as well. They need jail time too!
This doesn’t surprise me none coming from KY as that is my home state, but the reason these people do this is cause they are secretly gay or lesbian and don’t know how to handle it!!
well Alicia they will know how to handel it now no dought in my mind and I hope Bubba lets them have it every fucking night there in there
unkind words and generalizations…..
Is this the FIRST time they have convicted someone over this law? It’s been since 2009- I know there have been more cases where this would have been useful then… but it’s a good start, I guess.
It is about time. They most surely was dealing with their own sexuality. A person that is secure with themselves doesn’t go around Hating on Gods Children.
Lock them away forever.
This is great news. It’s one thing to bring in a new law but even better when it is used against scum like this. Lock them up and throw away the key.
It is our hope at The Kentucky Fairness Alliance that these charges may prevent future episodes of violence in our state and in other states.
Glad to hear that they are enforcing the law…
About time!
Thank God Matthew Shepard’s death was not in vain!!!
When will the violence and hatred ever end???????? Oh I know…….. when SOME preachers and politicians along with hate groups STOP not only condoning hate/violence but indirectly encouraging it!