Denver's ABC7
Gay Teen Awarded $1.22 Million In Hate Crime
Beating
March 13, 2003
DENVER -- federal judge said an attack on
a gay teenager was a "damnable" hate crime and awarded him $1.22 million in
damages Thursday.
Kyle Skyock, 18, was found along U.S. 6 on Feb. 11,
2001, near Rifle after a night of heavy drinking with four other youths.
During a
hearing before U.S. District Court Judge John Kane to determine damages in a
civil lawsuit, Skyock described how four boys kicked and beat him, banged his
head on the back of an SUV and hit him with a baseball bat.
"I didn't think I was going to make it," the
5-foot-4-inch, 125-pound Skyock said. "I thought my lung was punctured because
it stung when I breathed."
Skyock had a fractured skull, bruising, three broken
ribs and a burnlike sore on his left shoulder. Skyock and his parents, Michael
and Sharlene, testified Thursday about the medical cost and emotional trauma
from the attack.
Kane, who looked at several photos showing a battered
Skyock, made several statements before awarding the damages.
"There is no doubt this is a hate crime," Kane said.
"That kind of ignorance and barbaric and brutal attack of any human being is
inexcusable."
Kane said he wished he could do more for Skyock.
"I just want those boys to know they did something wrong
and America will take action," Skyock said outside of court after the hearing.
"This is not going to be tolerated."
Comatose for three days, Skyock initially told police he
couldn't remember what happened, and police surmised Skyock had rolled down a
hill near the highway. Investigators looked into criminal charges after a
teenager on a school bus bragged about beating "The Fag."
Prosecutors later refused to file criminal charges
against his alleged attackers citing a lack of evidence. District Attorney Mac
Myers, who investigated the case, did not return a phone message.
Skyock has requested a special prosecutor to look into
criminal charges.
Skyock's family reached an out-of-court settlement with
two of his attackers, both brothers, in January, according to Kane.
Thursday's judgment was entered against another set of
brothers, Bill and Brian June, and their mother, Jane Jennings.
There was no listing in Rifle for Jennings.
Kane's award included $41,000 for medical costs,
$700,000 in damages, $250,000 against Bill June and $240,000 against Brian June.
Kane also awarded court costs.
The brothers and Jane Jennings did not respond to the
lawsuit. Thursday's hearing was a default judgment hearing in which one side
presented unchallenged testimony.
Michael Brewer, director of the Colorado Legal
Initiatives Project, said the other alleged attackers were Canyon Case and
Forrest Magnus.
During the court hearing, Skyock lawyer Julie Tolleson
said they settled with those brothers and their father, Gary Case, for $11,000.
Brewer said the settlement did not include an admission
of guilt.