'''Matthew Wayne Shepard''' ([[December 1]], [[1976]] – [[October 12]], [[1998]]) was an [[United States|American]] student at the [[University of Wyoming]], who was attacked by [[Russell Henderson]] and [[Aaron McKinney]] near [[Laramie, Wyoming|Laramie]], [[Wyoming]], on the night of [[October 6]] – [[October 7|7]], [[1998]]. He died from his injuries at [[Poudre Valley Hospital]] in [[Fort Collins, Colorado]], on [[October 12]]. The convicted murderers are currently serving two [[Life imprisonment|life sentences]] in [[prison]].<ref>{{cite news|last=Cart|first=Julie|title=Killer of Gay Student Is Spared Death Penalty; Courts: Matthew Shepard's father says life in prison shows 'mercy to someone who refused to show any mercy.'|date=[[1999-11-05]]|work=[[Los Angeles Times]]|page=A1}}</ref>

Henderson and McKinney were not charged with a [[hate crime]] - laws at the time did not support such a charge.  Many people think the case should have been dealt with as a hate crime, particularly those who believe that Matthew Shepard was targeted on the basis of his [[sexual orientation]].<ref>{{cite news|title=Mother of Hate-Crime Victim to Speak at Colby|author=[[Colby College]]|date=[[2006-03-07]]|url=http://www.colby.edu/news/detail/612/|accessdate=2006-04-06}} Press release.</ref><ref>{{cite news|url=http://www.npr.org/templates/story/story.php?storyId=1009867|title=Open phones|accessdate=2006-04-06|work=[[Talk of the Nation]]|publisher=[[National Public Radio]]|date=[[1998-10-12]]}} "Denounced nationwide as a hate crime" at 1:40 elapsed time.</ref> Under current federal [[United States]] law <ref>{{cite web|url=http://www.fbi.gov/hq/cid/civilrights/hate.htm|accessdate=2006-04-06|title=Investigative Programs: Civil Rights: Hate Crimes|publisher=[[Federal Bureau of Investigation]]}}</ref> and [[Wyoming]] state law,<ref>{{cite web|url=http://www.adl.org/99hatecrime/provisions.asp|accessdate=2006-04-06|title=Map of State Statutes|publisher=[[Anti-Defamation League]]}}</ref> crimes committed on the basis of sexual orientation are not prosecutable as hate crimes. 

Shortly after the murder, President [[Bill Clinton]] urged [[United States Congress|Congress]] to add sexual orientation to the hate crimes law. The measure was defeated. 

In 1999, the Wyoming Legislature, amid widespread discussion of this crime, also attempted to pass legislation defining certain attacks motivated by victim identity as hate crimes, but the measure failed on a 30-30 tie in the Wyoming House of Representatives.<ref>{{cite news|title=The "Hate State" Myth|last=Blanchard|first=Robert O.|url=http://reason.com/9905/fe.rb.the.shtml|accessdate=2006-04-06|date=May 1999|work=[[Reason (magazine)|Reason]]}}</ref>

==Background==
Shepard, son of Dennis Shepard and Judy Peck Shepard, was born in [[Casper, Wyoming|Casper]]. He attended [[Crest Hill Elementary School]], [[Dean Morgan Junior High]], and the first two years of [[high school]] at [[Natrona County High School]], and was a member of St. Mark's Episcopal Church. Shepard spent his junior and senior years of high school at [[The American School In Switzerland]], graduating in [[1995]]. Shepard later attended [[Catawba College]] and [[Casper College]] before moving to [[Denver, Colorado|Denver]]. Shepard then became a first-year [[political science]] major at the University of Wyoming.

==The attack==
Shortly after midnight on [[October 7]], [[1998]], 21-year-old Shepard met McKinney and Henderson in a bar. According to McKinney, Shepard asked them for a ride home. Subsequently, Shepard was robbed, severely beaten, tied to a fence and left to die. McKinney and Henderson also found out his address, intending to burglarize his home. Shepard was discovered by a bicyclist 18 hours later, still alive but unconscious.

Shepard suffered a [[fracture]] from the back of his head to the front of his right ear. He had severe [[brain stem]] damage, which affected his body's ability to regulate [[heart rate]], [[body temperature]] and other [[vital signs]]. There were also about a dozen small lacerations around his head, face and neck. His injuries were deemed too severe for doctors to operate. Shepard never regained consciousness and remained on full life support. He was pronounced dead at 12:53 a.m. on [[October 12]] at Poudre Valley Hospital in Fort Collins. Police arrested McKinney and Henderson shortly thereafter, finding the bloody gun as well as the victim's shoes and [[wallet]] in their truck. The two men had attempted to get their girlfriends to provide [[Wiktionary:Alibi|alibi]]s.

After the attack, the prosecutor told reporters that Shepard's friends had been vocal about Shepard's sexuality: "They were calling the County Attorney's office, they were calling the media and indicating Matthew Shepard is gay and we don't want the fact that he is gay to go unnoticed." <ref name="abc-new-details">{{cite web|url=http://abcnews.go.com/2020/story?id=277685|title=New Details Emerge in Matthew Shepard Murder|accessdate=2006-04-06|publisher=[[ABC News]]}}</ref>

==The trial==
During court cases both of the defendants used varying stories to defend their actions. They attempted to use the "[[gay panic defense]]", arguing that they were driven to [[temporary insanity]] by Shepard's alleged sexual advances toward them. At another point they stated that they had only wanted to rob Shepard and never intended to kill him.

The prosecutor in the case charged that McKinney and Henderson pretended to be gay in order to gain Matthew's trust to rob him.<ref>{{cite news|url=http://www.courttv.com/archive/trials/henderson/040599_pm_ctv.html|title=Henderson pleads guilty to felony murder in Matthew Shepard case|accessdate=2006-04-06|author=Tuma, Clara, and [[The Associated Press]]|publisher=[[Court TV]]|date=[[April 5]], [[1999]]}}</ref> During the trial, Chastity Pasley and Kristen Price (the pair's then-girlfriends) testified under oath that Henderson and McKinney both plotted beforehand to rob a gay man. McKinney and Henderson then went to the Fireside Lounge, a gay hangout, and selected Shepard as their target. After befriending him, they took him to a remote area of Laramie where they robbed him, beat him severely (media reports often contained the graphic account of the pistol whipping and his smashed skull), and tied him to a fence with his shoe laces. Both girlfriends also testified that neither McKinney nor Henderson were on drugs at the time.<ref>{{cite web|url=http://homes.thedailycamera.com/extra/shepard/|title=The Daily Camera:Matthew Shepard Murder|accessdate=2006-04-06}}</ref><ref>{{cite news|url=http://www.thedailycamera.com/extra/shepard/29bshep.html|title=Girlfriend: McKinney told of killing|last=Black|first=Robert W.|work=The Daily Camera|date=[[1999-10-29]]|accessdate=2006-04-06}}</ref>

Several years after the guilty verdict, Price gave her third different account of the night (the first time she provided her boyfriend with an alibi until learning that Matthew had died and that she could be charged as an accessory to murder; the second time she said Matthew was selected because he was gay). She said the motive for the attack was solely related to drugs and money. She added, "I don't think it was a hate crime at all. I never did."<ref name="abc-new-details"/>

McKinney's and Henderson's first account was they were not guilty and had been with their girlfriends at the time of the crime. After the girlfriends retracted their alibis, they both attempted to use a [[gay panic defense]], testifying that they attacked Shepard because he made flirtatious advances towards them. Later, they gave a third different story in a [[20/20]] interview with [[Elizabeth Vargas]]. In November of 2004, <ref name="abc-new-details"/> the killers were interviewed on 20/20 on [[ABC News]], explaining that the murder was not fueled by an anti-gay motivation but by a [[methamphetamine]]-induced rage.  They said that the murder was actually a result of heavy drug use, a robbery and a beating gone awry. Both had mentioned this earlier to their lawyers after it had happened, but their attorneys at the time decided to go with the unsuccessful "gay-baiting" defense. ABC was criticized by gay rights advocates for the piece but the network stood by its story.

Henderson pleaded guilty on [[April 5]], [[1999]], and agreed to testify against McKinney to avoid the [[death penalty]]; he received two consecutive [[life sentence]]s without the possibility of [[parole]]. The jury in McKinney's trial found him guilty of two counts of felony murder. As it began to deliberate on the death penalty, Shepard's parents brokered a deal, resulting in McKinney also receiving two consecutive life terms without the possibility of parole. Shepard's parents stated, "We are giving him life in the memory of one who no longer lives." 

Local [[Roman Catholic]] clerics had garnered considerable publicity when they opposed the death penalty in the case. However, Shepard's father, Dennis Shepard -- who did not ask for the death penalty -- said in his statement to the court, "I am definitely not doing this because of the crass and unwarranted pressures put on by the religious community. If anything, that hardens my resolve to see you die, Mr. McKinney." 

Henderson and McKinney are incarcerated in the [[Wyoming State Penitentiary]] in [[Rawlins, Wyoming|Rawlins]].

==After the attack==
As Shepard lay in [[intensive care medicine|intensive care]], candle-light vigils were held in support around the world.<ref>{{cite web|title=University of Wyoming Matthew Shepard Resource Site|url=http://www.uwyo.edu/News/shepard/|publisher=[[University of Wyoming]]|accessdate=2006-11-01}}</ref><ref>{{cite news|title=CNN Coverage of Matthew Shepard|url=http://www.cnn.com/US/9810/12/wyoming.attack.03/index.html|work=[[CNN]]|title=Murder charges planned in beating death of gay student|accessdate=2006-11-01
|date=[[1998-10-12]]}}</ref><ref>{{cite news|last=Lacayo|first=Richard|url=http://www.time.com/time/magazine/article/0,9171,989406,00.html|work=[[Time Magazine]]|title=The New Gay Struggle|accessdate=2006-11-01|date=[[1998-10-26]]}}</ref> The public reaction and media attention focused on Shepard's sexuality.

The [[anti-gay]] [[Fred Phelps]] of [[Kansas]] and his supporters picketed Shepard's funeral as well as the trial of his assailants. They displayed signs of their [[protest]]s, with [[Anti-gay slogan|slogans]] such as "Matt Shepard rots in Hell", "[[AIDS]] Kills Fags Dead" and "God Hates Fags". When the Wyoming Supreme Court ruled that it was legal to display any sort of religious message on city property if it was legal for Casper's Ten Commandments display to remain, Phelps made attempts to gain city permits in [[Cheyenne, Wyoming|Cheyenne]] and Casper to build a monument "of marble or granite 5 or 6 feet in height" on which will be a bronze plaque bearing Shepard's picture and the words: ''"MATTHEW SHEPARD, Entered Hell October 12, 1998, in Defiance of God's Warning: 'Thou shalt not lie with mankind as with womankind; it is abomination.' [[Leviticus]] 18:22."'' <ref>{{cite news|last=Sink|first=Mindy|work=[[The New York Times]]|title=Wyoming: Council Votes To Move Ten Commandments From Park|url=http://query.nytimes.com/gst/fullpage.html?res=9905E6DB1430F933A05753C1A9659C8B63|accessdate=2006-04-06|date=[[2003-10-30]]}}</ref><ref>{{cite news|last=Kelly|first=David|work=[[Los Angeles Times]]|page=A20|date=[[2003-10-12]]|title=The Nation; Intolerance Chiseled in Stone Hits City Hard; Casper, Wyo., faces the prospect of having to allow a monument that condemns gay murder victim Matthew Shepard}}</ref><ref>{{cite web|title=Monument dedicated to Matthew Shepard's Entry Into Hell, which WBC intends to erect in Casper City Park as a solemn Memorial that God Hates Fags & Fag-Enablers|url=http://www.godhatesfags.com/main/shepard_monument.html|accessdate=2006-04-06|publisher=[[Westboro Baptist Church]]}} Page includes picture of proposed monument.</ref><ref>{{cite news|url=http://www.casperstartribune.net/articles/2003/10/03/news/casper/f060e8d5f0ddf401c07f72e2617c79c6.txt|title=Phelps seeks anti-gay marker|last=Burke|first=Brendan|date=[[2003-10-03]]|accessdate=2006-04-06|work=Casper Star-Tribune}}</ref>

As a counterprotest during Henderson's trial, Romaine Patterson, a friend of Shepard's, organized a group of individuals who assembled in a circle around the Phelps group wearing white robes and gigantic wings that blocked the protesters (who were confined to a small protest square by police) from the view of passers-by. While the organization had no name in the initial demonstration, it has since been ascribed various titles, including '[[Angels of Peace]]' and 'Angel Action'.

A similar angel tactic has been re-used a number of times at other protests by Phelps, but less effectively as the "Angels" are now required to stay in their own separate protest square.

After the incident, President [[Bill Clinton]] renewed attempts to extend federal hate crime legislation to include [[gay]] and [[lesbian]] individuals, [[woman|women]] and people with [[disability|disabilities]]. These efforts were rejected by the [[United States House of Representatives|House of Representatives]] in 1999<ref>{{cite news|url=http://transcripts.cnn.com/2000/ALLPOLITICS/stories/09/13/hate.crimes/index.html|accessdate=2006-04-07|author=Barrett, Ted, and [[The Associated Press]]|title=President Clinton urges Congress to pass hate crimes bill: GOP aides predict legislation will pass House, but won't become law|publisher=[[CNN]]|date=[[2000-09-13]]}}</ref>  In 2000, both houses of [[United States Congress|Congress]] passed such legislation, but it was stripped out in [[conference committee]].<ref>{{cite news|author=Office of House Democratic Leader [[Nancy Pelosi]]|date=[[2004-10-07]]|url=http://democraticleader.house.gov/press/releases.cfm?pressReleaseID=718|accessdate=2006-04-07|title=House Democrats Condemn GOP Rejection of Hate Crimes Legislation}} Press release.</ref>

People in the entertainment industry expressed their own outrage and responded in various ways to the attack.
* Actress [[Ellen DeGeneres]] hosted Shepard's memorial services in [[Washington, D.C.]] 
* Three films were made about the story of Shepard: ''[[The Laramie Project]]'' (based on the play of the same name), ''[[The Matthew Shepard Story]]'' and ''[[Anatomy of a Hate Crime]].'' ''The Laramie Project'' and ''The Matthew Shepard Story'' both won numerous awards. Matthew Shepard can also be seen in the documentary ''[[Dear Jesse]]'' in a brief interview.
*Human rights activist and singer [[Melissa Etheridge]] wrote the song "Scarecrow" in tribute to Shepard, referring to his initially being mistaken for a [[scarecrow]] when he was found.  It was featured on her 1999 Album, "Breakdown" and continues to be part of a political portion of her live performances to date. (November, 2006)
* [[Elton John]] and [[Bernie Taupin]] wrote the song "American Triangle" as a tribute to Shepard. It was featured on John's 2001 album, ''Songs from the West Coast'' (with backing vocals by [[Rufus Wainwright]]).
* [[Cyndi Lauper]] wrote a song entitled "Above the Clouds" in tribute to Shepard included on her 2005 album [[The Body Acoustic]]. Shepard's mother was involved in Lauper's tour behind the album and the singer/songwriter spoke of the events of that tragic day, as well as the mission to erase hate, before performing the song.
* Singer Songwriter Thea Hopkins composed a song "Jesus Is On The Wire" to retell the story of Matthew Shephard.  In 2001 Peter, Paul and Mary begin performing the song and later was added to their recent album "In These Times"  In 2004 the song was showcased in the trio's documentary on PBS "Peter, Paul & Mary, "Carry It On: A Musical Legacy"
* [[Tori Amos]] deticated her song "Merman" to Shepard throughout her 1998 tour with [[Alanis Morrisette]].
* [[Kristian Hoffman]] performs another song called "Scarecrow" on his album "&". It is a duet with [[Rufus Wainwright|Wainwright]].
* Irish singer-songwriter Brian Houston wrote "The Ballad of Matthew Shepard", released on his 2006 album "Sugar Queen"
* There are also several songs created by other artists.  Singer [[Randi Driscoll]] released ''What Matters''<ref>{{cite web|url=http://home.earthlink.net/~randi7/whatmatters.html|title=The story behind "What Matters"|accessdate=2006-04-06}}</ref>, the band [[Thursday (band)|Thursday]] wrote "[[War All the Time|M. Shepard]]", the band [[Protest The Hero]] wrote "Fear and Loathing in Laramie", the band [[This Ship Will Sink]] wrote "Dear Matthew", the band [[Best Revenge]] wrote "Sacrifice", singer [[Andrew Spice]] wrote the song "Matthew", and the band [[Good Riddance]] wrote the song "Cheyenne".
 	  
* The late [[Coretta Scott King]], widow of [[Dr. Martin Luther King]], wrote to Judy Shepard expressing her sympathy and expressing her belief that civil rights include gay and lesbian rights. 	 
* [[Rishma Dunlop]] composed the poem "Copper Moon" in Matthew's memory. [[Suzanne Northcott]] then created a painting of the same name.
*In 2006, [[Trivium (band)|Trivium]] wrote a song called "And Sadness Will Sear" which is dedicated to Matthew Shepard, and is on their upcoming album "The Crusade".
*[[Geoff Rickly]], singer of the band [[Thursday]], wrote the song "M. Shepard" for their 2004 album "[[War All The Time]]". It is the Eleventh song on the twelve song album.
* In the episode "Tommy's Not Gay" of "[[Titus (TV series)|Titus]]" in the neutral space Chistopher mentions the death of Shepard and how it was because he was homosexual. The episode dealt with the beating of Tommy's father also because he is homosexual.
*  "[[Trivium (band)|Trivium]]" released a song entitled "And Sadness Will Sear" in October of 2006, a full 8 years after the death of Matthew Shepard. Matt Heafy, lead singer, said in an interview that he wrote the lyric to ensure that people don't forget what happened. 
The fence to which Shepard was tied and left to die has been removed by the land owner. 

Matthew's parents Judy and Dennis are now active supporters of [[gay rights]] and tolerance educators.

==See also==
*[[The Laramie Project]], a play based on the murder of Matthew Shepard.
*[[Gwen Araujo]], [[Brandon Teena]], transgendered murder victims
*[[Stephen Lawrence]] &mdash; a racist murder in the [[United Kingdom|UK]] with parallels to the Shepard case
*[[Violence against gays, lesbians, bisexuals, and the transgendered]]
*[[Fred Martinez]] &mdash; [[Native Americans in the United States|Native American]] transgendered murder victim
*[[Billy Jack Gaither]] 39 year-old gay Alabama man brutally murdered 4 months after Matthew Shepard's murder.

==References==
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==External links==
* [http://www.matthewshepard.org/ The Matthew Shepard Foundation]
* Matthew Shepard at [http://findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=9481&pt=Matthew%20Shepard Find A Grave]
* [http://abcnews.go.com/2020/story?id=277685&page=1/ ABC News - Report on the Attack and the Trials]
* [http://www.thesmokinggun.com/archive/shepard1.shtml Criminal complaint against McKinney and Henderson]
* [http://www.readromaine.com/site/ Website for biography "The Whole World Was Watching: Living In The Light of Matthew Shepard]
* [http://www.uwyo.edu/News/shepard/ Matthew Shepard Resource Site at the University of Wyoming;]
* [http://www.courttv.com/archive/trials/mckinney/gay_panic_ruling_ctv.html "Text of the "Gay Panic" Defense ruling in the Matthew Shepard Murder Trial"], ''[[CourtTV]]''
* Barry Yeoman, [http://www.barryyeoman.com/articles/shepard.html A Mother Finds Her Voice], ''US Weekly''
*[http://video.google.com/videoplay?docid=-3311352962113218240&q=innerviews InnerVIEWS with Ernie Manouse: Judy Shepard] (TV Interview with Matthew's Mother)

[[Category:1976 births|Shepard, Matthew]]
[[Category:1998 deaths|Shepard, Matthew]]
[[Category:Hate crimes against LGBT people]]
[[Category:History of LGBT civil rights in the United States|Shepard, Matthew]]
[[Category:LGBT people from the United States|Shepard, Matthew]]
[[Category:American murder victims|Shepard, Matthew]]
[[Category:People from Wyoming|Shepard, Matthew]]
[[Category:People from Casper, Wyoming|Shepard, Matthew]]

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