City leaders: Hate won't be tolerated

AUSTIN (KXAN) - Austin city officials are weighing in after two men were attacked and beaten near the City Hall parking garage.

“As city leaders, we have the responsibility to ensure we have the investigative processes in place to identify possible hate crimes," Council Member Laura Morrison said. "When I first heard of this incident on Monday, I called the police chief. The Austin Police Department is taking this matter very seriously and has launched a full investigation of the assault."

The victims said they were targeted because they are gay. On Thursday, City Council members and Equality Texas are holding a news conference to discuss the weekend assault.

The two victims were leaving a popular gay bar on Fourth Street when they were attacked, police said. The victims said their attackers were yelling slurs as they beat them.

The suspects are still on the loose and police said they do not have any suspects. Meanwhile, the victims said the incident should be prosecuted as a hate crime.

However, if police do find the suspects, it will be the DA's office who will have to prove Emmanuel Winston and Matt Morgan were attacked because of their sexuality. If they can prove it, the suspects could face a stiffer penalty.

Morgan and Winston said wearing jerseys for their gay softball team may have made them a target. They had just left Oilcan Harry's on Fourth Street at about 2:30 a.m. on Saturday when they said four men followed them three blocks to City Hall and then attacked them. They say the four men did not steal anything but jumped them from behind, yelling slurs about their sexuality.

"I can't even speak about how overwhelmed I have been with the love and support people have shown, and I am glad that the city is finally speaking out about this," said Winston. "That there is some sort of statement being made about what happened to Matt and I."

Council Members Morrison and Randi Shade attended the press conference.

"It is upsetting when anyone in our community is assaulted," said openly gay Council Member Randi Shade. "It threatens the feeling of safety of our entire community. We in the LGBT community are fortunate to live in Austin, a community known for being gay friendly, and I am confident that APD will do everything in its power to investigate this crime and ensure that justice is served."

Leaders with the statewide coalition Equality Texas addressed the same group at City Hall to show the dedication behind proving a hate crime happened. Officials said, since the Texas James Byrd Act went into effect in 2001, more than 1,8 hate crime reports have flooded the state. Of those, fewer than a dozen have actually been prosecuted as such.

"In order for a prosecutor to be able to prosecute under the Hate Crimes Act though," said Equality Texas Interim Director Chuck Smith, "the investigative report from the law enforcement agency has to reflect evidence that would show evidence of bias."

"I feel a lot of confidence in our police department that they're pursuing this, that justice will be served," Shade added.

"We're not going to say whether we've been able to look at any of the videos there," said police Cpl. Scott Perry, "but there are numerous video cameras in the area."

While the suspects are still at large, police will only say the investigation is ongoing and there will be no more police presence in the area from the gay bar the men left to the city hall parking garage.

"Obviously, the officers are going to be more aware of what happened in that area," Perry said, "but we try to concentrate our efforts everywhere to prevent those assaults from occurring in the first place."

The victims' gay softball team is organizing a March Against Hate this Saturday. Participants will travel the same route from Oil Can Harry's bar to City Hall the victims traveled that night. They will gather at 2 p.m. and begin marching at 3 p.m.