Murder of Scotty Joe Weaver

Murder of Scotty Joe Weaver
Scotty Joe Weaver
LocationBay Minette, Alabama, US
DateJuly 18, 2004 (2004-07-18)[1]
Perpetrators
  • Christopher Gaines[2]
  • Robert Holly Lofton Porter[3]
  • Nichole Bryars Kelsay[4]
No. of participants
3
MotiveHomophobia, Robbery
Convicted
  • Gaines: April 30, 2007[5]
  • Porter: September 5, 2007[3]
  • Kelsay: September 12, 2007[6]
Convictions
ChargesCapital murder, Robbery
JudgeJ. Langford Floyd

Scotty Joe Weaver (March 26,[citation needed] 1986 – July 18, 2004)[1] was an 18-year-old murder victim from Bay Minette, Alabama, whose burned and partially decomposed body was discovered on July 22, 2004, approximately eight miles from the mobile home in which he lived.[7] He had been beaten, strangled and stabbed numerous times, and his body doused in gasoline and set on fire.[7] It was one of only two murders in which the victim's sexual orientation was part of the motive reported in Alabama in the period from February 1999 – when Billy Jack Gaither was kidnapped, beaten to death, and then the body set on fire – and July 22, 2004.[8]

The Baldwin County District Attorney, David Whetstone, stated that Weaver's sexual orientation was a factor in the crime.[7] Whetstone commented on the brutality involved, stating that he believed the murder was premeditated and pointing out that Weaver did not die immediately and that his three assailants had time to stop.[9] Alabama's hate crimes statute does not apply to people targeted because of their sexual orientation.[9]

Three people were charged with capital murder and robbery in connection with the crime, two of whom were Weaver's roommates: Christopher Gaines, aged 20, Nichole Kelsay, aged 18, and Robert Porter, aged 18. Nichole Kelsay had been Weaver's friend throughout most of his life.[3] Circuit Court Judge J. Langford Floyd ruled at a hearing in 2005 that the three would be tried as adults; Alabama law at the time stated that anyone under the age of 21 on trial for a crime could ask to be considered a "youthful offender".[10] In March 2006, Floyd ruled in favor of Assistant District Attorney Jim Vollmer's request for separate trials for the defendants.[11]

On April 30, 2007 Christopher Gaines pleaded guilty and was sentenced to life in prison without parole.[5][2] Porter pleaded guilty to murder and first degree robbery in September 2007, and received two consecutive life sentences.[3][12] Kelsay pleaded guilty and was sentenced to 20 years imprisonment for conspiracy to commit murder, with parole eligibility after six years.[4]

In October 2004, the Westboro Baptist Church held an anti-gay "celebration" of Weaver's murder, as well as that of Roderick George, a gay man from Montgomery, Alabama.[13] A peaceful protest rally was organized by Equality Alabama on October 16, 2004.[13]

This crime was featured in Small Town Gay Bar, a 2006 documentary film depicting the difficulties of being gay in the rural South.[14]

References

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  1. ^ a b "Man sentenced to life for killing gay ex-roommate". Ledger-Enquirer. May 10, 2007. p. C8. Retrieved June 9, 2024 – via Newspapers.com.
  2. ^ a b "Man sentenced in gay teen's murder". The Gadsden Times. May 10, 2007. Retrieved June 9, 2024.
  3. ^ a b c d Ferrara, David (September 5, 2007). "Porter pleads guilty, gets two life terms in Weaver murder". Press-Register. Retrieved June 8, 2024 – via Al.com.
  4. ^ a b c Belonsky, Andrew (September 14, 2007). ""Friend" Pleads Guilty in Gay Murder". Queerty. Retrieved February 20, 2008.
  5. ^ a b "Defendant pleads guilty in Alabama gay murder case". Naples Daily News. Vol. 84, no. 265 (Bonita Daily News ed.). May 2, 2007. p. 10A. Retrieved June 9, 2024 – via Newspapers.com.
  6. ^ a b "Last of three charged in Bay Minette gay murder". Selma Times-Journal. September 13, 2007. p. A3. Retrieved June 9, 2024 – via Newspapers.com.
  7. ^ a b c "Scotty's last moments: the murder of a gay teen--allegedly at the hands of his best friends--has rattled a small Alabama town". The Free Library. 2004. Retrieved June 8, 2024.
  8. ^ Jafari, Samira (August 3, 2004). "Gay teen's killing raises intolerance issue in state". Opelika-Auburn News. Vol. 100, no. 216. p. 5A. Retrieved June 9, 2024 – via Newspapers.com. Column syndicated through the Associated Press.
  9. ^ a b Meenan, Mick (August 11, 2004). "Ala. D.A. Seeks Death Penalty". Gay City News. Retrieved June 9, 2024.
  10. ^ "Three charged in gay murder case to be tried as adults". Selma Times-Journal. May 22, 2005. p. 3A. Retrieved June 9, 2024 – via Newspapers.com.
  11. ^ "Separate trials planned for three in gay murder case". Dothan Eagle. Vol. 99, no. 8. March 4, 2006. p. 2A. Retrieved June 9, 2024 – via Newspapers.com.
  12. ^ Burroway, Jim (September 14, 2007). "A Third Guilty Plea For Scotty Joe Weaver's Murder". Box Turtle Bulletin. Archived from the original on September 22, 2007. Retrieved June 9, 2024.
  13. ^ a b "Groups to protest anti-gay event". Montgomery Advertiser. Vol. 177, no. 290. October 16, 2004. p. B1. Retrieved June 8, 2024 – via Newspapers.com.
  14. ^ Monteagudo, Jesse (August 31, 2007). "Children of the Black Cat". Seattle Gay News. Vol. 35, no. 35. p. 8. Retrieved June 9, 2024 – via Newspapers.com.
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