Glenwood Springs, Colo.-A lawyer for a Rifle, Colo. teenager who says he was beaten because he is gay has requested a special prosecutor in the case.

Calvin Lee, representing 17-year-old Kyle Skyock, made the request February 20 of a Garfield County District Court because no charges have been filed.

Mac Myers, district attorney for the Ninth Judicial District, had decided there was not enough evidence to pursue charges. But he said he would not object to a special prosecutor because of the controversy generated by the case.

Skyock, 16 at the time, was found along U.S. 6 on Feb. 11, 2001, after a night of heavy drinking with four other youths. Skyock had a fractured skull, bruising, three broken ribs and a burn-like sore on his left shoulder.

The doctor who treated him in Rifle believed he was assaulted, but a Grand Junction forensic pathologist ruled that Skyock's injuries were the result of a fall on rocks.

Lee said February 20 that a new witness has come forward.

A Rifle girl says she was at a bowling alley two nights after Skyock was found. One of the boys Skyock accuses of beating him said Skyock was "acting stupid," so he threw a cigarette lighter at him, tried to fight him and then chased him when he ran.

The boy "bragged about how cool it was and referred to Kyle as a 'faggot,' " the girl said.

Skyock's case is also pending in U.S. District Court, where a coalition of gay and lesbian groups has filed a civil rights claim.

Michael Brewer, director of the Colorado Legal Initiatives Project, said the group would move forward with the lawsuit regardless of whether a special prosecutor is appointed.