Posted: Oct 17, 2012 11:22 AM
LONDON, Ky. (AP) - Federal prosecutors say two eastern Kentucky men charged with a hate crime used a drug deal to lure a gay man into a Harlan County state park where he was beaten in 2011.
In opening statements Wednesday in London, Assistant U.S. Attorney Hydee Hawkins told jurors that 20-year-old Anthony Ray Jenkins of Partridge and his cousin, 37-year-old David Jason Jenkins of Cumberland yelled obscenities and anti-gay slurs at Kevin Pennington while trying to beat him to death in Kingdom Come State Park.
Defense attorneys for both men acknowledge a fight took place but say Pennington's sexual orientation was not the cause.
Federal prosecutors say this is the first case in the nation charging a violation of the sexual orientation section of the Matthew Shepard-James Byrd Jr. Hate Crimes Prevention Act, which was passed in 2009.
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