Last September, Ríhanna Kelver was standing outside the Crowbar & Grill in Laramie, Wyoming, preparing to start her bartending shift, when she noticed a group of men across the street. One of them was shouting in her direction, and Kelver heard several homophobic and transphobic slurs as he began approaching her. Moments later, according to court testimony and surveillance footage, the man shoved Kelver to the ground hard enough to injure her tailbone.

Kelver responded by drawing a pistol from her bag, chambering a round, and pointing the weapon at the man who had pushed her. She kept the safety on and never fired. The man and his companions retreated.

Today, Kelver, a 28-year-old trans woman, faces two felony charges—aggravated assault and possession of a deadly weapon with unlawful intent—which could carry up to 15 years in prison. The man who shoved Kelver and who allegedly initiated the confrontation, known only as “S. Durham,” has not been charged.

  • _lilith@lemmy.world
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    51 minutes ago

    Let’s say they get what they want and put her away for 15 years. That’s right about the same amount of time as a manslaughter charge. They seem to be actively arguing for just shooting the aggressor since the charge is the same.

    The lives of homophobes are worth less by the day.

  • spongebue@lemmy.world
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    2 hours ago

    Friendly reminder that SCOTUS, in an opinion authored by none other than Neil Gorsuch, ruled that discrimination by sexual orientation or gender identity is inherently discrimination by sex. If a set of behaviors is allowed by a cisgender person, but their biological sex does not match their gender, you are discriminating by sex.

    Likewise, if Alex’s husband comes to the company Christmas party and that is only acceptable if Alex is short for Alexandra, a woman, your discrimination by sexual orientation is also discrimination by sex.

    A surprisingly brilliant ruling that has yet to be Constitutionally Calvinballed.

    • Sunflier@lemmy.worldOP
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      3 hours ago

      Personal bias? Maybe the prosecutor has a deep loathing of the LGBT population and thinks that Leviticus 20:13 ( If a man lies with a male as one lies with a woman, the two of them have done an abhorrent thing; they shall be put to death – their bloodguilt is upon them) overrides that.

  • JasonDJ@lemmy.zip
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    6 hours ago

    So these dudes antagonize her, approach her, and push her down.

    She pulls a gun and doesn’t even shoot.

    Alright I’m with it so far…

    They run off…and call the cops?

    And the cops arrest…her?

    Drawing the weapon was clearly defensive. There’s no “malicious intent” if you’re in a marginalized group and carrying a legal weapon.

    Had she not drawn her weapon she probably would been raped, or worse.

    • Sicurio@slrpnk.net
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      5 hours ago

      I’ve taken a concealed carry course and the way it was explained to me was that if you do draw your gun you have to fire. Not firing is taken as indication that you don’t actually find the threat serious enough to have drawn it. At least that’s how it can be argued in court. Basically it’s illegal to draw your gun if you don’t feel you have to fire.

      • Kairos@lemmy.today
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        3 hours ago

        I’ve taken a nuclear weapons course and the way it was explained to me was that if you build nuclear weapons and place them in silos you have to fire. Not firing is taken as indication that you don’t actually find the threat serious enough to have built them. At least that’s how it can be argued in court. Basically it’s illegal to build nuclear weapons if you don’t feel you have to fire.

      • chiliedogg@lemmy.world
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        3 hours ago

        I’ve heard that a million times and it’s wrong.

        Yes, you are only supposed to draw when you’ve already made the determination that you have to use lethal force to protect yourself, but things can change.

        I drew my gun one time. I was hiking in New Mexico by myself when I was attacked by a homeless Native American. I shoved him away and drew my pistol, and as soon as the gun came out he started running away.

        I had drawn intending to fire, but when he instantly retreated, I decided not to shoot.

      • wonderingwanderer@sopuli.xyz
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        4 hours ago

        That’s bullshit, it completely ignores escalation of force. If drawing the weapon causes your attackers to back down and run away, it worked as intended and no further escalation is needed.

        Any laws intended to compel one to fire is stupid beyond measure.

      • Blumpkinhead@lemmy.world
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        4 hours ago

        If there ceases to be a threat, no. Yes, you should only draw your weapon if you intend to use it. But if the attacker runs away once you draw, you don’t shoot them in the back. That would just be murder.

        Just because you initially felt threatened enough to draw your weapon doesn’t mean you have to shoot.

      • pomegranatefern@sh.itjust.works
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        4 hours ago

        I was once told in a self-defense class that when using force to defend yourself, you were on legally better ground if you killed the other person than just injured them, because if they survived they could try to sue you for medical bills. I do not know if this is advice that an actual lawyer would back up, but either way, everything about it saddens me greatly.

  • DarkFuture@lemmy.world
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    6 hours ago

    Do trans people have rights in conservative strongholds?

    Ask a Nazi if Jews have rights and you’ll get your answer.

  • homes@piefed.world
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    9 hours ago

    Matthew Shepherd

    October 12, 1998

    Laramie, Wyoming

    They tied him to a fence and beat him to death

      • homes@piefed.world
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        7 hours ago

        Six days before his death, Matthew Shepard’s assailants — Aaron McKinney and Russell Henderson — picked him up at a bar, drove him to the edge of town, tied him to a fence and brutally beat him. Eighteen hours later, a passerby discovered Shepard barely alive. He was taken to a Colorado hospital where he later died on October 12. Russell and McKinney were sentenced to life in prison

        THEY

        • halcyoncmdr@piefed.social
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          4 hours ago

          It was pretty widely reported on when it happened.

          October 12, 1998

          That was nearly 30 years ago. Don’t think it’s wild to think that most random fediverse users would have never heard about it, especially since a large chunk of them weren’t even born.

          • homes@piefed.world
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            I guess it just depends on what’s important to you.

            Does it matter to you when an innocent person is horrifyingly massacred?

            Or does that mean nothing to you?

            It made enough of a difference that state and federal laws were enacted. The perpetrators were given life sentences. It caused a massive cultural shift in this and every country. For decades.

            But if you want to ignore it, go ahead.

            Every bigot - every monster- on this planet agrees with you. Those are the allies you have chosen.

            • Corporal_Punishment@feddit.uk
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              1 hour ago

              In 1998 most users here were either toddlers or didn’t exist.

              Expecting them to have heard about a specific murder is ridiculous, especially if they’re from a different state or another country.

                • Corporal_Punishment@feddit.uk
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                  1 hour ago

                  Where did I say it doesn’t matter?

                  You’re complaining that people don’t know about something that happened 30 years ago, at a time when they were likely very young or didnt even exist.

                  Not knowing about every single terrible thing that has ever happened on a particular subject doesn’t mean you don’t care about it.

                  Without googling I bet you wouldn’t know a thing about Holly Chapman and Jessica Wells in the UK, a double murder that happened over 20 years ago.

                  Or who Dawn Sturgess was.

                  Both pretty big here, the double murder led to significant changes in the law and procedures for data sharing across the UK.

                  The difference between us is, you not knowing about it doesnt lead me to the insane conclusion that its because you just don’t care about the subject.

              • homes@piefed.world
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                3 hours ago

                Are you too young for death to have any meaning for you?

                The only argument you are making is that your very humanity has a sell-by date. I don’t accept that. I think you’re just making an excuse for being a piece of shit. And I certainly don’t accept that.

                So, tell me, why do you find it OK that this innocent gay man was horrifically massacred? Why are you arguing in support of it?

                Because that is unquestionably what you are doing

                • klugerama@lemmy.world
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                  2 hours ago

                  JFC take a breath. You went from 0-100 with absolutely no justification. Nobody is defending them, in any way, nor did anyone even imply that what they did was OK.

                  What in the fuck are you talking about?

                • vaultdweller013@sh.itjust.works
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                  Dude I’m a history nerd and have a pretty solid grasp on random abscure shit and this was an unknown to me. I’m in California and my town was having crosses burned around the same time which is more directly relevance to me, some dude getting lynched a year before I was born in fucking Wyoming is so far outside my view you may as well bring up hate crimes in Vostoc Russia, the same thing applies to damned near everyone.

                  Fact of the matter is that it’s categorically impossible to know about every hate crime committed in the past 30 years, even folks who study this shit for a living would probably miss some things. You don’t need to know about every thrice damned obscure case to know the broad trends and issues.

  • frustrated_phagocytosis@fedia.io
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    8 hours ago

    If George Zimmerman can successfully claim self defense, anyone should be able to. What, do you need to kill the other person for it to count?

    • CosmicTurtle0 [he/him]@lemmy.dbzer0.com
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      If Kyle Rittenhouse can travel state lines with an assault rifle and shoot at protesters and claim self defense, anyone should be able to.

      But remember the conservative axiom:

      “Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.”

      • arrow74@lemmy.zip
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        47 minutes ago

        Zimmerman was Hispanic for what it’s worth.

        Seems as longs as your crime is against another minority straight, cisgender, and conservative man is adequate

    • BrianTheeBiscuiteer@lemmy.world
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      7 hours ago

      I mean, dead men tell no tales. 😐

      But seriously, the prosecution will probably say the situation wasn’t dire or else the defendant would’ve fired.

      • ClownStatue@piefed.social
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        5 hours ago

        The really shitty thing is you’re probably right. Here was an actual responsible gun owner, who didn’t just wildly open fire, and Wyoming’s like, “not like that.”

  • bamboo@lemmy.blahaj.zone
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    9 hours ago

    What mental gymnastics are going on that they claim “unlawful intent” if the intent to was to stop the man from assaulting her. How is intending to stop someone from continuing a hate crime unlawful?

    • thenoirwolfess@fedinsfw.app
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      9 hours ago

      Let me tell you of a little chasm between “lawful” and “right”… Especially in authoritarian states

  • Canaconda@lemmy.ca
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    9 hours ago

    Selective enforcement has always been their strategy. That’s why all the POC MAGAs think they’ll get a free pass.

    When really one needs look no further than the disparity within cannabis possession sentencing to see that it’s by design.

  • Prove_your_argument@piefed.social
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    9 hours ago

    The law is not equal. It’s that protect the in crowd and bind the outsiders that is mentioned all the time.

    That’s why the wealthy never really seem to face consequences even when convicted of felonies. They just brush it off and get elected president and pardon anybody willing to bribe them or undertake illegal actions against our constitution on their behest.

    That’s justice today. I wonder who has been manipulating the judicial branch decisions and warping justice even further? Must be some society starting with F…