When 23-year-old Whitney Fox crashed her car into a concrete wall on the Dallas North Tollway near Lemmon Avenue in October 2009, she and her friends were on their way home from a gay bar, according to her attorney.

As you may have heard, what happened next has led to criminal charges against DPS Trooper Arturo Perez, who slammed Fox’s head into said concrete wall after she allegedly resisted arrest on drunken driving charges. The incident is shown in the shocking new video above.

Last night, Fox 4‘s Steve Eagar asked Fox’s attorney, Randy Isenberg, about the gay aspect of the case.

Eagar: “I don’t think many know this, but she was coming home from a party at a gay bar that night. Your client says when she told the officer that, he had some kind of reaction. She thought he didn’t like it. Does she think that’s why what happened happened?”

Isenberg: “I don’t think she’s blaming her friends that were with her’s orientation for the officer, but she did indicate that there was a change in his demeanor when he learned that.”

Eagar: “Has that been part of the investigation, do you know?”

Isenberg: “Well I don’t really know.”

Eagar: “The FBI investigated?”

Isenberg: “The FBI did look into this and as far as I know they’re still looking into it.”

Eagar: “Into that part of it, that element?”

Isenberg: “Sure.”