Burke Burnett
A third suspect has been arrested in the brutal beating of a gay man last weekend in Reno, Texas.
Micky Joe Smith, 25, is expected to face the same charges as the other two suspects — aggravated assault with a deadly weapon and aggravated assault causing serious bodily injury. The charges are second-degree felonies, punishable by up 20 years in prison, and not first-degree felonies as previously reported.
Daniel Martin, 33, and James “Tray” Mitchell Laster III, 31, were arrested late Tuesday in the beating of 26-year-old Burke Burnett. Burnett was stabbed at least twice with a broken beer bottle and thrown onto a fire at a private party early Sunday, by up to four men who yelled gay slurs during the attack.
Martin and Laster are each being held on $250,000 bond, according to the Lamar County Sheriff’s Department. No bond amount had been set for Smith, who was taken into custody today.
Lamar County District Attorney Gary Young, whose office is handling the cases, said it will be up to a grand jury to decide whether they are prosecuted as hate crimes. Under Texas law, a hate crime enhancement could result in the charges being bumped up from second-degree felonies to first-degree felonies — punishable by five to 99 years in prison.
“We’re in the process of receiving all the information as a result of the investigation,” Young said. “We will present all that information to the grand jury, including all the information as to whether it’s a hate crime or not. The grand jury will make a determination whether it [a hate crime] is or isn’t part of the charge. If their actions of committing the aggravated assault are based on race or sexual orientation or whatever it may be, the grand jury can choose to enhance the offense up a level.”
Young declined to further discuss the cases.
Burnett couldn’t immediately be reached, but his friend Chivas Clem said they were relieved at the arrests. Clem previously said he felt authorities may try to brush the crime under the rug.
“The fact that they’re taking it seriously is important and shows good faith on their part that they’re treating gays and lesbians as a legitimate minority,” Clem said.
The concern for me is the quote from the D.A. “If their actions of committing the aggravated assault are based on race or sexual orientation or whatever it may be”. The whole ‘race or sexual orientation or whatever’ thing. What’s up with that? Granted I wasn’t there to hear the tone but that doesn’t seem like the remarks of someone who is sure about the hate-crime-based-on-sexual-orientation route in trying the case.
@Damien I believe he phrased it that was because the hate crime aspect is broader than just sexual orientation. It includes race, sexual orientation, and perhaps other classifications.
“…phrased it that way because…”
This should not be up to the grand jury. The DA should charge them with aggravated assault with a deadly weapon and aggravated assault causing bodily injury with a HATE CRIME enhancement. This is what he should do. What he does, is a different story.
I think the initial article said that the police officer investigating the case had said it was a hate crime.
bottom line…a crime was committed.
i think this should b left to the jury to decide,,,thats what they are for..let justice do its job,,one person shouldnt be able to decide that
if its a hate crime , and we hate them for it,,are we any better?
Does anyone think that a campaign that included phone calls, emails, and (if necessary) protests to the DA’s office…insisting that this be prosecuted as a hate crime, would make any impact whatsoever? I’m not near Dallas, actually somewhat near Waco, but it’s just an initial idea. Thoughts?
NO,,ALL IT WOULD DO IS CAUSE MORE PROBLEMS HERE IN PARIS
THATS ALL THEY EVER DO HERE
Amy you do not know about Paris. They had 2 men that were charged with running over a Black man and the charges were dropped when a truck driver said he may have accidentally ran over him. The3 Grand Jury will probably no bill.
“Racist City”, I’m not familiar with what “no bill” means, can you please explain? I actually didn’t know that Paris had prior problems with hate crimes, but I’m not terribly surprised. Most people in east Texas hold a very ignorant and hateful mindset regarding race and most are homophobic, and that is the truth. Posey, unfortunately sometimes taking a stand CAN in fact cause more problems temporarily. But if nothing changes, then…well, nothing will ever change. I know it’s naive and idealistic, perhaps, to think that this crime could perhaps call enough attention to the issue of homophobia and violence in our state or that area for a significant change to take place…or at least to bring more awareness to it. It just makes me sick. I am a native Texan and love many things about my state, but the older I get the more I am ashamed that I come from a place where ignorance, hatred, bigotry, violence and hypocracy are such normal and accepted things . A very good friend of mine was gay-bashed in Austin about a year ago, and the authorities did next to nothing to see that justice was served. He was one of many who have been attacked there. And let’s face it, if Austin isn’t a safe enough haven for gays, then something is terribly wrong. It’s not enough, though, to be disgusted and outraged. Something must be DONE. If anyone wants to recruit me for some sort of activism on this, I’m ready. I’m a stay at home mom with plenty of time!
If people think that the Grand Jury will NO BIll then we need to get together and make sure they don’t. There are people to call, places to write and we all need to do it now. Don’t wait til nothing at all can be done.
A no bill is when it is determined that there is not enough evidence to charge someone with a crime.
Since TX has a Hate Crime law they can be prosecuted for a Hate Crime. If noone it willing to file the charges that way along with what they are saying they will be charged with, then someone needs to call the FBI and report what has been going on and THEY will investigate it. Not sure you guys want the FEDS involved but they can be called so the people in power in your town need to wake up and smell the coffee. What they did was a Hate Crime and if charged that way, the charges so far will be made a 1st degree felony and not what they would be for the charges they are now facing. WAKE UP, RENO !!!
There is a lot of information in this Texas Criminal Justice System Process .
You might want to read it all the way through. Not all things pertentent to this case are all together. Must read the whole thing. I hope it will help you https://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/OurLegalSystem/TxCriminalJusticeProcess.pdf
I’m not sure what breaks my heart more, the story of the beating or the comments about that area of TX being so conservative that putting pressure on the DA will cause more problems.
I don’t see how there would ever be a no bill, especially since 4 friends witnessed the brutal attack. It’s occasions like this that make me wish I had a direct line to Nancy Grace!
I really hope DA/Grand Jury dies the right thing! I also hope the victim and the community heals quickly.
why did do stright kids do that i think that there no place 4 them to get [x&*%] my dad told me its not nice to say bad words on the web.at 14 and learning about life i see and read about all kinds of people doing sex in all the wrongs places. so make legal that way there a place to get there [x$*%] the state makes $ no more attack. stright or gay we all do it. we can;t drinks beer but they have bars we can;t drive but they have m.d.v.get it???????
None of you know what happend,yea it sounds bad when this guy Burke says his side of the story but in my experience there are 2 sides to every story and then there is the truth…the truth will come out and the right people will be charged..paris isn’t racist or homopobic,no one ever thinks the victim could have made some of this up..he along with everyone at the party were so drunk…if burke has the right to get his story told so do the other people involved…
A 3rd arrest means that : yeas they are taking it seriously, Mr. Bennett could have said and done anything to instigate getting himself beaten to hell and back. It still means that these men in their 30’s are wrong to stab, and beat someone. They are wrong to hit/stab/push onto a fire barrel to anyone JUST ONE time! They stabbed him 3 times!!! That is not the way to get someone to leave a party!. “Freek’in Faggots come to house Yah. I’m gonna beat their ass!?”
Im just glad these monsters are getting charged with felonies. Originally there were statements they may be downgraded to misdemeanors because it happened at a party… however, i do still believe it should be bolstered to hate crime status!
@TommieJai. It should not make any difference whether it happened at a party or not. It should still be classified with what they have been charged with AND the enhancement that is was a hate crime.
@Beverly – I couldn’t agree more!!! I’m telling you what one of the original articles stated.
When I read that they might only be charged with misdemeanors, I contacted their DA office, along with Logo and the ACLU… THEY NEED TO BE PUNISHED TO THE FULLEST EXTENT OF THE LAW!
I am shocked that the DA does not file the charges right away. It is obviously a hate crime, and this just goes to show how much Texas and other states are still behind the times when it comes to us. Does anyone know the condition of Burke? How is he doing, that is what really matters at this point?
See? Arrests are being made. We are not a bunch of racist homophobes at all. We had a terrible rape abt 8 years ago but it didnt make us all rapists. We are a mostly safe group who, for the most part, accepts each other for who we are!
And those who claim abt 25 ppl watched and did nothing, remember he was in a separate area. It was late, music was loud, it’s very likely many of the party-goers were unaware when it was happening. The GIRLS who did see did intervene.
ladyplz * this was NOT a rape case, tho. That person probably had a lot of folks to support her after what happened to her. What support has this man gotten?? Is the town rallying around him??? Don’t look that way to me. Read all the nasty comments being made.
The suspects are facing 2nd degree charges of Agg. Assault Deadly Weapon; causing Serious Bodily Injury, presented & prosecuted by the Lamar County DA. The Grand Jury is not to decide the matter of guilty or not guilty, but rather will decide if the facts of the crime, as they are known, support the elements for an enhanced charge under Hate Crime, ergo 1st degree charges. Another element that may be explored by the grand jury is an offense of combination by the suspects, such as conspiracy, if evidence can show that they have a collective history of such assaults and related offenses in the past and if they organized or planned any of the assault against Mr. Burnett. Some posts here suggest that there is a lack of prosecution-such is not the case. An enhancement charge presented by the Grand Jury wil only bolster the case for the prosecution.
Carlitos – can you tell me why the DA isn’t putting the enhancement of a hate crime with the charges instead of leaving it to the Grand Jury. That makes no sense as he has the authority to do that. Or it is because he does not want to charge enhancement of a hate crime at all. This should NOT be left up to the Grand Jury. I have NEVER heard of that being done. Grand Jury looks at the charges presented and I don’t think THEY should be asked to decide if it was a hate crime. That is up to the DA !!!!!
Think I may call the Feds tomorrow.
Is the DA simply “passing the buck” and letting the grand jury deal with the issue of rather or not to enhance charges to hate crime status, just to not have to deal with the fallout from that decision? Sounds like a case of small town politics, but I’m only speculating…
Beverly, A DA, any DA, will present a case to a Grand Jury when it is either a high profile case (as a matter of maintaining objectivity and transparency) or when the DA believes the elements of a crime may not be met. The DA does have the authority to file [enhanced]charges on behalf of the state, but a Grand Jury decision can aid in removing any appearance of undue infleunce or prejudice. Any self respecting criminal attorney would employ this technicality as a pretrial motion or during trial. As is evidenced by some responses here, emotion is not a motivator to equitable jurisprudence. Laws and court precedence are based on reason / reasonableness, not emotion. Yes, it’s a horrible crime and as a gay male & long time Texas cop I believe it’s a hate crime, but in the end the DA is hoping to present the best case for successful prosecution. Call the feds if you’re so inclined. I believe that at this juncture it will only muddle the issues and detract from successful prosecution. If, on the other hand, the Agg Assault/SBI charges are reduced (pre-trial) then I’ll be on the phone with the feds b4 you.
Somebody asked if calls, emails and so on make a difference, TRUST ME IT DOES!! If many of didn’t call the mayor of Reno in Lamar county, D.A. Senators, governors office, congressman, newspapers , tv stations , then we would not be anywhere near justice! Please continue to keep focus on this.!! We must stand as one and take action! Remember this is Reno, Tx in Lamar county, not the one in Parker county!!
Carlito thank you for your explaination of this. I have a fear, due to some of the comments I have read here, that the Grand Jury might not add the enhancement of a Hate Crime. Then what? Can the DA add it then? This is definatley a hate crime as you stated. There is a lot of this going around these days and very few, for some reason, are not tried as hate crimes. Thank you again for your understanding and where I am coming from. To answer any questions about me, I am straight and have gay friends that I love dearly. I have never seen a gay person “hit” on a straight person. I get the feeling that Reno/Paris is NOT very accepting of the gay life style.
The prejudice (sp) against them has got to stop.
In fact, many of us in the town and surrounding area are rallying around him. Not ALL, mind you, but Facebook has been going crazy with pleas for justice.
Could there be more to the story? Could Mr. Burnett have a drug problem and possibly owe these guys money, or have hooked up with their little brothers or something crazy like that? Yes. But (a) this should not have happened REGARDLESS and (b) considering the incendiary language used, it begins to look much more like a few drunk redneck boys decided to beat on the queer.
Regardless of the unknown details, those of us in Paris who have opened our minds to something beyond the races-separated-by-the-train-tracks, women-barefoot-in-the-kitchen mentality are hoping and praying for justice to be done.
CJ, (with all due respect, because you seem to have your head screwed on pretty straight) it’s obvious that there could always be more to this, and any story, but I think that suggesting those specific scenarios (drug problem, family revenge) is not a very responsible thing to do in this particular forum. Some people may jump to extreme conclusions after reading that. Reading comprehension is at an all time low, also, and this could jump start rumors…muddling fact vs speculation. I think it’s best to say, under ANY circumstance, no matter what supposed or imagined reasoning, there is never an excuse for this happening. Ever. No matter what…and just leave it at that. Ignorant people are already debating rather this was somehow “justified”…suggesting more to the story just feeds into that ignorance. Just my opinion.
Why don’t you Texans do what your governor wants to do and just seceed from the union and do the rest of our country a favor. I am a native northerner and was sent to Lackland Air Force base in Texas for basic training and I hated Texas the moment I walked off the plane, it was hot, muggy and the landscape was nasty, I was so glad to get out of that god-forsaken place, I was probably the first one on the plane after basic. I’m sure not all Texans are racist bigots, homophobics and ethnic haters of all ethnicities, except anglos, but from what I’ve read so many are, just leave the union and all of those that are not bigots can immigrate to the U.S. just leave your bigots behind in the sovereign nation of texas.
Amy, you’re right. I didn’t think about the breadth of my audience when listing examples. Let me clarify for anyone who may have misunderstood: From EVERYTHING I know about Burke, he is a fine, upstanding, kind human being. I would never suggest that he was anything but. My only intention was to broaden the view because there is hatred being spread even on the side of good.