Editing Matthew Shepard (section)

==Murder==
<!-- [[Russell Henderson (convict)]] redirects here. If this section name is changed, please leave an {{Anchor}} or update the redirect. -->
On the night of October 6, 1998, Shepard was approached by Aaron McKinney and Russell Henderson at the Fireside Lounge in Laramie; all three men were in their early 20s.<ref name=NYTref>{{cite news|last=Brooke|first=James|title=Gay Man Dies From Attack, Fanning Outrage and Debate|url=https://www.nytimes.com/1998/10/13/us/gay-man-dies-from-attack-fanning-outrage-and-debate.html|access-date=May 29, 2013|newspaper=The New York Times|date=October 12, 1998|archive-date=November 2, 2014|archive-url=https://web.archive.org/web/20141102220600/http://www.nytimes.com/1998/10/13/us/gay-man-dies-from-attack-fanning-outrage-and-debate.html|url-status=live}}</ref><ref name="abcnews"/> McKinney and Henderson offered to give Shepard a ride home.<ref name=trutv/><ref>{{cite news|title=Killer: Shepard Didn't Make Advances|url=http://dir.salon.com/story/news/feature/1999/11/06/witness/index.html|work=[[Salon.com]]|access-date=December 7, 2007|url-status=dead|archive-url=https://web.archive.org/web/20110606223846/http://dir.salon.com/story/news/feature/1999/11/06/witness/index.html|archive-date=June 6, 2011}}</ref> They subsequently drove to a remote rural area and proceeded to rob, [[Pistol-whipping|pistol-whip]], and [[torture]] Shepard, tying him to a [[split-rail fence]] and leaving him to die.<ref name=mmatthew>{{cite book|author=Shepard, Judy|title=The Meaning of Matthew: My Son's Murder in Laramie, and a World Transformed|publisher=Penguin Group USA|location=New York|year=2009|isbn=978-1-59463-057-6|url=https://archive.org/details/meaningofmatthew00shep}}</ref> It was erroneously reported by the news that he had been tied to a [[barbed wire fence]].<ref name="mmatthew"/> Many media reports contained the graphic account of the pistol-whipping and his fractured skull. Reports described how Shepard was beaten so brutally that his face was completely covered in blood, except where it had been partially cleansed by his tears.<ref name="Bindel" /><ref>{{cite book|title=Losing Matt Shepard: life and politics in the aftermath of anti-gay murder|last=Loffreda|first=Beth|year=2000|publisher=Columbia University Press|location=New York|isbn=0-231-11858-9|url=https://archive.org/details/losingmattshepar00loff}}</ref><ref>{{cite book|last=Chiasson|first=Lloyd|title=Illusive Shadows: Justice, Media, and Socially Significant American Trials|url=https://archive.org/details/illusiveshadowsj00chia|url-access=limited|publisher=Praeger|date=November 30, 2003|page=[https://archive.org/details/illusiveshadowsj00chia/page/n198 183]|isbn=978-0-275-97507-4}}</ref>

The assailants' girlfriends testified that neither McKinney nor Henderson was under the influence of alcohol or other drugs at the time of the attack.<ref>{{cite web|url=http://homes.thedailycamera.com/extra/shepard/|archive-url=https://web.archive.org/web/20080424091724/http://homes.thedailycamera.com/extra/shepard/|archive-date=April 24, 2008|title=The Daily Camera:Matthew Shepard Murder|access-date=April 6, 2006}}</ref><ref>{{cite news|url=http://homes.thedailycamera.com/extra/shepard/29bshep.html|title=Girlfriend: McKinney told of killing|last=Black|first=Robert W.|work=The Daily Camera|date=October 29, 1999}}{{dead link|date=December 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> McKinney and Henderson testified that they learned of Shepard's address and intended to steal from his home as well. After attacking Shepard and leaving him tied to the fence in near-freezing temperatures, McKinney and Henderson returned to town. McKinney proceeded to pick a fight with two men, 19-year-old Emiliano Morales and 18-year-old Jeremy Herrara. The fight resulted in head wounds for both Morales and McKinney.<ref>[[James Brooke (journalist)|James Brooke]] (October 16, 1998), [https://www.nytimes.com/1998/10/16/us/men-held-in-beating-lived-on-the-fringes.html Men Held in Beating Lived on the Fringes] {{Webarchive|url=https://web.archive.org/web/20171201132826/http://www.nytimes.com/1998/10/16/us/men-held-in-beating-lived-on-the-fringes.html |date=December 1, 2017 }} ''[[The New York Times]]''</ref> Police officer Flint Waters arrived at the scene of the fight. He arrested Henderson, searched McKinney's truck, and found a blood-smeared gun along with Shepard's shoes and credit card.<ref name="abcnews">{{cite web|url=https://abcnews.go.com/US/matthew-shepard-legacy-gay-college-student-20-years/story?id=277685|title=New Details Emerge in Matthew Shepard Murder|publisher=ABC News Internet Ventures|access-date=June 7, 2009|date=November 26, 2004|archive-date=October 6, 2019|archive-url=https://web.archive.org/web/20191006142444/https://abcnews.go.com/US/matthew-shepard-legacy-gay-college-student-20-years/story?id=277685|url-status=live}}</ref> Henderson and McKinney later tried to persuade their girlfriends to provide alibis for them and help them dispose of evidence.<ref>{{cite news|url=http://www.cnn.com/US/9810/13/wyoming.attack.02/index.html|archive-url=https://web.archive.org/web/20080508011253/http://www.cnn.com/US/9810/13/wyoming.attack.02/index.html|archive-date=May 8, 2008 |title=New details emerge about suspects in gay attack|access-date=January 21, 2007 |publisher=[[Cable News Network|CNN]]|date=October 13, 1998}}</ref>

Still tied to the fence, Shepard was in a coma eighteen hours after the attack when he was discovered by Aaron Kreifels, a cyclist who initially mistook him for a [[scarecrow]].<ref>{{cite news|title=Wyo. bicyclist recalls tragic discovery|work=The Denver Post|date=October 15, 1998|author=Hughes, Jim|page=A01}}</ref> Reggie Fluty, the first police officer to arrive at the scene, found Shepard alive but covered in blood. Shepard was transported first to Ivinson Memorial Hospital in Laramie before being moved to the more advanced [[Major trauma|trauma]] ward at [[Poudre Valley Hospital]] in [[Fort Collins, Colorado]].<ref>{{cite book |last= Loffreda |first= Beth |title=Losing Matt Shepard: Life and Politics in the Aftermath of Anti-Gay Murder |url= https://archive.org/details/losingmattshepar00loff |url-access= registration |publisher=Columbia University Press |year=2000 |isbn=9780231500289}}</ref> He had suffered [[Bone fracture|fractures]] to the back of his head and in front of his right ear. He experienced severe [[brainstem]] damage, which affected his body's ability to regulate his [[heart rate]], [[body temperature]], and other [[Vital signs|vital functions]]. There were also about a dozen small [[lacerations]] around his head, face, and neck. His injuries were deemed too severe for doctors to operate. He never regained consciousness and remained on full [[life support]]. While he lay in [[Intensive care medicine|intensive care]] and in the days following the attack, [[candlelight vigil]]s were held in countries 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]]|access-date=November 1, 2006|archive-date=August 5, 2012|archive-url=https://web.archive.org/web/20120805225902/http://www.uwyo.edu/news/shepard/|url-status=dead}}</ref><ref>{{cite news|url=http://www.canada.com/story_print.html?id=7dfd5ad0-e31b-44e8-9513-8abcf02654c6&sponsor=|title=Hate crimes bill still elusive 10 years after savage gay killing|work=The Ottawa Citizen|date=October 14, 2008|agency=CanWest MediaWorks Publications Inc.|access-date=October 4, 2013|location=Ottawa, Canada|url-status=dead|archive-url=https://web.archive.org/web/20160320051930/http://www.canada.com/story_print.html?id=7dfd5ad0-e31b-44e8-9513-8abcf02654c6&sponsor=|archive-date=March 20, 2016}}</ref><ref>{{cite news|url=https://news.google.com/newspapers?id=GmNWAAAAIBAJ&pg=6564%2C5111854|title=Symbol of outrage|work=The Spokesman-Review|date=October 17, 1998|access-date=October 4, 2013|author=Egerton, Brooks|page=A2|archive-date=May 21, 2021|archive-url=https://web.archive.org/web/20210521070142/https://news.google.com/newspapers?id=GmNWAAAAIBAJ&pg=6564,5111854|url-status=live}}</ref>

Shepard was pronounced dead six days after the attack at 12:53&nbsp;a.m. on October 12, 1998.<ref>{{cite news |url=http://www.cnn.com/US/9810/12/wyoming.attack.03/index.html |publisher=[[CNN]] |title=Murder charges planned in beating death of gay student|access-date=November 1, 2006|date=October 12, 1998|archive-url=https://web.archive.org/web/20060822005855/http://www.cnn.com/US/9810/12/wyoming.attack.03/index.html|archive-date=August 22, 2006}}</ref><ref>{{cite magazine|last=Lacayo|first=Richard|url=http://www.time.com/time/magazine/article/0,9171,989406,00.html|magazine=[[Time (magazine)|Time]]|title=The New Struggle|access-date=November 1, 2006|date=October 26, 1998|archive-date=January 29, 2011|archive-url=https://web.archive.org/web/20110129152139/http://www.time.com/time/magazine/article/0,9171,989406,00.html|url-status=dead}}</ref><ref name="CNNBeaten">{{cite news|url=http://www.cnn.com/US/9810/12/wyoming.attack.02/index.html|title=Beaten gay student dies; murder charges planned |publisher=[[CNN]] |access-date=January 14, 2007|date=October 12, 1998|archive-url=https://web.archive.org/web/20060620022551/http://cnn.com/US/9810/12/wyoming.attack.02/index.html|archive-date=June 20, 2006}}</ref><ref>{{cite news|url=https://vic.pvhs.org/pls/portal/docs/PAGE/PVHS/PVHS_DOCUMENT_MGMT2/NEWS_REPOSITORY/MATTHEW%20SHEPARD%20MEDICAL%20UPDATE.PDF|publisher=Poudre Valley Health System (Colorado)|title=Matthew Shepard Medical Update|access-date=January 14, 2007|date=October 12, 1998|url-status=dead|archive-url=https://web.archive.org/web/20070630023857/https://vic.pvhs.org/pls/portal/docs/PAGE/PVHS/PVHS_DOCUMENT_MGMT2/NEWS_REPOSITORY/MATTHEW%20SHEPARD%20MEDICAL%20UPDATE.PDF|archive-date=June 30, 2007}}</ref> He was 21 years old.<ref name=NYTref/>

===Arrests and trial===
McKinney and Henderson were arrested and initially charged with attempted [[murder]], [[kidnapping]], and aggravated [[robbery]]. After Shepard's death, the charges were upgraded from attempted murder to first-degree murder, which meant that the two defendants were eligible for the [[Capital punishment in Wyoming|death penalty]]. Their girlfriends, Kristen Price and Chasity Pasley<!-- Several sources say Chastity, but later and more reliable sources indicate her name is Chasity-->, were charged with being [[accessories after the fact]].<ref name="CNNBeaten" /><ref name="NYTWitnesses"/> At McKinney's November 1998 pretrial hearing, Sergeant Rob Debree testified that McKinney had stated in an interview on October 9 that he and Henderson had identified Shepard as a robbery target and pretended to be gay to lure him out to their truck, and that McKinney had attacked Shepard after Shepard put his hand on McKinney's knee.<ref name="NYTWitnesses">{{cite news|url=https://www.nytimes.com/1998/11/21/us/witnesses-trace-brutal-killing-of-gay-student.html|title=Witnesses Trace Brutal Killing of Gay Student|first=James|last=Brooke|date=November 21, 1998|work=[[The New York Times]]|access-date=September 17, 2013|archive-date=September 29, 2013|archive-url=https://web.archive.org/web/20130929125459/http://www.nytimes.com/1998/11/21/us/witnesses-trace-brutal-killing-of-gay-student.html|url-status=live}}</ref> Detective Ben Fritzen testified that Price stated McKinney told her the violence against Shepard was triggered by how McKinney "[felt] about gays".<ref name="NYTWitnesses"/>

In December 1998, Pasley pleaded guilty to being an accessory after the fact to first-degree murder.<ref name="NYTGayMurder" /> On April 5, 1999, Henderson avoided going to trial when he pleaded guilty to murder and kidnapping charges. In order to avoid the death penalty, he agreed to testify against McKinney and was sentenced by District Judge Jeffrey A. Donnell to [[back-to-back life sentences|two consecutive]] [[life term]]s. At Henderson's sentencing, his lawyer argued that Shepard had not been targeted because he was gay.<ref name="NYTGayMurder">{{cite news |url=https://www.nytimes.com/1999/04/06/us/gay-murder-trial-ends-with-guilty-plea.html |title=Gay murder trial ends with guilty plea |access-date=November 2, 2014 |first=James |last=Brooke |work=[[The New York Times]] |date=April 6, 1999 |archive-date=July 23, 2015 |archive-url=https://web.archive.org/web/20150723100203/http://www.nytimes.com/1999/04/06/us/gay-murder-trial-ends-with-guilty-plea.html |url-status=live }}</ref>

McKinney's trial took place in October and November 1999. Prosecutor Cal Rerucha alleged that McKinney and Henderson pretended to be gay to gain Shepard's trust. Price, McKinney's girlfriend, testified that Henderson and McKinney had "pretended they were gay to get [Shepard] in the truck and rob him."<ref name=trutv>{{cite web|url=http://www.trutv.com/library/crime/criminal_mind/forensics/welner/3.html?print=yes|title=Psychiatry, the Law, and Depravity: Profile of Michael Welner, M.D. Chairman, The Forensic Panel|first=Katherine|last=Ramsland|publisher=[[truTV]]|access-date=September 26, 2013|archive-url=https://web.archive.org/web/20131203002900/http://www.trutv.com/library/crime/criminal_mind/forensics/welner/3.html?print=yes|archive-date=December 3, 2013|url-status=dead}}</ref><ref>{{cite news|url=http://www.salon.com/1999/11/01/gay_panic/singleton|archive-url=https://archive.today/20140413020816/http://www.salon.com/1999/11/01/gay_panic/singleton|url-status=dead|archive-date=April 13, 2014|title=Quiet bombshell in Matthew Shepard trial|first=Dave|last=Cullen|date=November 1, 1999|access-date=February 19, 2012|newspaper=Salon}}</ref> McKinney's lawyer attempted to put forward a [[gay panic defense]], arguing that McKinney was driven to [[insanity defense|temporary insanity]] by [[homosexual panic|alleged sexual advances]] by Shepard. This defense was rejected by the judge. McKinney's lawyer stated that the two men wanted to rob Shepard but never intended to kill him.<ref name="abcnews"/> Rerucha argued that the killing had been premeditated, driven by "greed and violence", rather than by Shepard's sexual orientation.<ref>{{cite news|url=https://www.nytimes.com/1999/10/26/us/a-defense-to-avoid-execution.html|title=A defense to avoid execution|access-date=November 2, 2014|first=Michael|last=Janofsky|work=[[The New York Times]]|date=October 26, 1999|archive-date=November 2, 2014|archive-url=https://web.archive.org/web/20141102220613/http://www.nytimes.com/1999/10/26/us/a-defense-to-avoid-execution.html|url-status=live}}</ref> The jury found McKinney not guilty of premeditated murder but guilty of [[felony murder]] and began to deliberate on the death penalty. Shepard's parents brokered a deal that resulted in McKinney receiving two consecutive life terms without the possibility of parole.<ref>{{cite news |last=Cart |first=Julie |date=November 5, 1999 |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." |page=A1 |work=[[Los Angeles Times]] |url=https://www.latimes.com/archives/la-xpm-1999-dec-31-mn-47273-story.html |access-date=October 7, 2023 |archive-date=October 10, 2023 |archive-url=https://web.archive.org/web/20231010055335/https://www.latimes.com/archives/la-xpm-1999-dec-31-mn-47273-story.html |url-status=live }}</ref> Henderson and McKinney were [[incarcerated]] in the [[Wyoming State Penitentiary]] in [[Rawlins, Wyoming|Rawlins]] and were later transferred to other prisons because of overcrowding.<ref>{{cite news|first=Jean|last=Torkelson|title=Mother's mission: Matthew Shepard's death changes things|url=http://m.rockymountainnews.com/news/2008/oct/03/10-years-later-matthew-shepard-hasnt-been-forgotte|work=Rocky Mountain News|publisher=The E.W. Scripps Co.|date=October 3, 2008|access-date=November 16, 2008|url-status=dead|archive-url=https://web.archive.org/web/20110715195945/http://m.rockymountainnews.com/news/2008/oct/03/10-years-later-matthew-shepard-hasnt-been-forgotte/|archive-date=July 15, 2011}}</ref> Following her testimony at McKinney's trial, Price pleaded guilty to a reduced charge of misdemeanor interference with a police officer.<ref>{{cite news|url=http://www.cbsnews.com/news/last-gay-beating-trial-ends/|title=Last gay beating trial ends|date=November 4, 1999|work=[[CBS News]]|access-date=November 2, 2014|archive-date=November 2, 2014|archive-url=https://web.archive.org/web/20141102202843/http://www.cbsnews.com/news/last-gay-beating-trial-ends/|url-status=live}}</ref>