Back in October, I posted a
diary about a drunk homophobe who had gotten taken down at the DFW airport after assaulting a gay man. The man will only have to pay $474 in fines for the incident.
From Towleroad:
The passenger who went on a drunken, violent, anti-gay rampage that was caught on video at DFW International Airport in October will pay $474 in fines for the incident, according to a court spokeswoman.
Benham was charged with public intoxication and simple assault, both class-C misdemeanors each punishable by a maximum $500 fine, but no jail time. The case was referred to the Municipal Court in the city of Grapevine, Texas.
The FBI has declined to comment on whether it is investigating the incident as an anti-gay hate crime under the federal Matthew Shepard and James Byrd Jr. Hate Crimes Act of 2009.
Expert Pete Schulte, an openly gay criminal defense attorney and former police officer from Dallas, has said he believes authorities mishandled the case — and Benham should have been charged with class-A misdemeanor assault, punishable by up to one year in jail:
"I’m sure the individual who was punched felt a little pain based on the video,” Schulte said. “Class-C assault is offensive contact without any pain."
“He could be charged with resisting arrest if they decide the person who broke his ankle was attempting to arrest him,” Schulte added. “It appears that DFW airport police may have not done a great job in this case.”