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The Paper: Online Exclusive
Victim Statement from Gay Bashing Sentencing Trial
When Mr. Sobileski (with Mr. Maxon close behind
him) yelled at me from the curb that morning as I was quickly making my
way out of there: "Hey, YOU.... are you a fucking queer??" I was
momentarily frozen by fear. Part of me said to run, but then in that very
brief moment, vivid memories of verbal put-downs, being beaten up for being
gay, or for being a member of a minority group, flashed through my head.
At the same time, the hateful glare on Mr. Sobileski made me decide then
and there that I wouldn't take it anymore! Therefore I replied: "Yes."
I want it made a part of the record that I did not make the statement which
was relied upon during the trial: "And what are you going to do about
it?" It was to the investigating officer that I said this. I was very
angry when I was interviewed the next day that those words just came out
in that interview.
And for simply saying "yes" to Mr. Sobileski's question, I was
rushed by these two men, and beaten brutally and kicked savagely to the
point of unconsciousness. While unconscious, my head was pounded repeatedly
against a parked car. If not for the screams from two women visitors, I
would not be here today. . . but left for dead in that pool of blood Sobileski
and Maxon left me in as they ran off.
I want to thank those two brave women for saving my life, and the Monterey
Police Department for their swiftness in apprehending these two men. I would
also like to thank Asst. DA, Mr. LaBarbera for his efforts in this trial.
I had no problem at all identifying Mr. Sobileski in the photo line-up the
next day. Because on that face, I saw hate and evil cruelty as he stood
there screaming at me. I still remember that face, that smirk. It was not
the face nor expression of someone "too drunk" for his actions.
Mr. Sobilesky and Mr. Maxon remember well what they did to me that night.
To this date, not one word of remorse has been uttered by this man for his
savage attack, except to the media that it was a "mistake." A
"mistake?" Since when did unprovoked assault, an attempted murder,
a senseless beating become simply a "mistake?" Is it a mistake
by simply adding the liquor factor? Your know, Mr. Soboleski, Sr. - you
stated on TV your concern about your son's chances of getting a schorlarship
because of what he did to me. My parents traveled over 4,000 miles to be
with me after the incident. On the TV news on the same night you expressed
concern for your son's football career my mother stated she was thankful
to God that their son was ALIVE. Neither I, nor anyone who values human
life, would ever compare a scholarship to a human life - your son nearly
killed me. What does that tell us of the value for human life you are passing
on to your son? To other young people?
What impact has the assault had on me?
Physically: After I was knocked unconscious, I was beaten and kicked resulting
in bruises and cuts to my face, my head, my body. My lip had to be sewn
back together. I could not lie down for weeks due to the pain in my ribs.
It was hard just to breathe. At times, I was grasping for air. The painkillers
prescribed for the pain weren't much help. Since the assault, my nose has
not healed completely and I continue to experience heavy nosebleeds at times.
Since the attack, I have been afflicted with shingles due to the immense
mental and physical stress of this ordeal. I still carry the scars from
that. It is unusual for a person of my age to get shingles - however, the
physical, emotional and mental stress have lowered my physical resistance
to these sorts of stress-related afflictions. The physical affects are largely
subsided - for now. But who knows what the future may bring.
However, the financial, emotional, and psychological impact of the assault
have been the most agonizing of all. My life, and the lives of members of
my immediate family have been seriously disrupted by this crime. My parents
and other family members spent thousands of dollars in travel expenses to
get here once they learned of the assault on me. We incurred additional
financial and emotional costs while they were here to see me through this
ordeal.
I have had to undergo mental therapy to cope with the psychological and
emotional turmoil the assault has brought upon me. I fear the night. I fear
for my safety. I don't go out now - my social life has been adversely impacted.
I am too ashamed to go out. As a gay man, it had taken me a lifetime to
be mentally and emotionally comfortable with myself as a human being. Whatever
self-respect and dignity I had was stripped from me by these two young men
in the assault that early morning. Only through prolonged therapy will I
be able regain the self-respect and self-esteem I had prior to the attack.
The physical pain was momentary. The emotional and mental anguish will last
a lifetime for me.
I fear that the persons who almost killed me now have my home address. I
received a letter from Mr. Sobileski a couple of weeks ago. It was letter
to express his regret for his "mistake." However, instead of reading
it, all I could think was - "how did he get my address?" I now
constantly fear for my safety and security.
Judge Phillips, you have the chance to make a difference. For this brutal,
savage, and cowardly act - (not simply "mistake"), I ask that
the stiffest sentence now available at your disposal be imposed on these
two men responsible for this crime. This will send a signal to this community
that this behavior will not be tolerated. If I were your son, your brother,
or your uncle that was brutally assaulted like this -- and without provocation;
how would you feel?
In addition, I want most, if not all of the following court-mandated community
services be a part of the sentence of these two young men:
1. Volunteering for 2 years with one or several of the local AIDS organizations.
2. Going to monthly PFLAG meetings for 3 years.
3. Attending several Diversity Awareness or Prejudice-Reduction workshops over a period of 2 years.
4. Submitting quarterly articles to the local GLBT quarterly, The Paper.
5. Public speaking, with a gay or lesbian presenter, to specific classes (e.g., Civics, Political Science and Physical Education classes) and/or to General Assemblies on several area high school and college campuses.
6. Going to daily AA and/or other 12-Step program meetings for 90 days for treatment for violent abuse and possible alcoholism.
Attackers of Gay Man Sentenced
CORRECTED 3/18/98
The two men convicted of severely beating a gay man in Monterey were given 3-year suspended sentence by Superior Court Judge John Phillips March 4th and will begin serving their sentence March 10th.
Both Johnathan Maxon and Jason Soboleski will spend 90 days in county jail, after which they may be able to leave to work during the day through a furlough program or house arrest for the remaining 150 da ys of their sentence.
The two men will also have to attend a mandatory alcohol-treatment program, do volunteer work with a local AIDS agency, and enroll in diversity awareness training. The two men may not consume alcohol for the length of their sentence.
Deputy District Attorney Dennis LaBarbera told The Paper in an earlier interview that the maximum sentence the two men could have received was a year in jail because they had no prior convictions as adults.
Soboleski and Maxon were scheduled to report to jail one weeks after sentencing.
Guilty of Battery, Not of Hate
Judge Rules Hate Crime Evidence Insufficient
SALINAS, CA--In a move that surprised many within the
gay community, Judge John Phillips ruled today that the two charged with
beating a gay man in Monterey after asking him whether he was gay were not
guilty of a hate crime. Explaining his ruling, Judge Phillips said that
the two men would have taken any excuse to attack someone that night. "They
could have asked if he was Italian, a Jew, or a Dallas Cowboy fan,"
said Phillips.
The two men were found guilty of assault with a weapon other than a firearm (fists) and a misdemeanor battery charge.
The sentencing hearing was held March 3rd in Salinas. The maximum sentence the two men can receive is felony probation and up to a year in jail. District Attorney Dennis LaBarbara said that because of both men's lack of a prior conviction, they would not have received a more severe punishment even if the trial had been held before a jury.
The victim, who still remains anonymous, said that he would take the case to civil court. His family and friends, including his father who had served as a judge for 15 years, expressed disbelief in the judge's ruling.
Judge Phillips said that he based his ruling on the two men's drunken and drugged state the night of the attack, and that they had threatened other non-gay people before the attack. He also cited the number of character witnesses provided by the defense who all said that they had never seen the two defendants, Jason Soboleski or Johnathon Maxon, intoxicated or participate in a fight since early childhood.
Members of the gay community who grew up in the area said after the trial that they would work to produce witnesses that would testify that Soboleski has been involved in numerous physical attacks for the civil trial to counter the defendants character witnesses' testimony.
Maxon's parents apologized to the victim after the trial. Maxon himself asked supporters from the gay community to convey his apologies to the victim. Soboleski had no comment on advice from his lawyer. Soboleski's father commented to television news reporters that he feared the felony conviction might affect his son's chances of getting a college scholarship.
Notes from the trial appear below.
Alleged Hate Crime Trial Held Today
Judge's Ruling Expected Thursday (1/29) Morning
| Judge: John M. Phillips Plaintiff: John Doe (identity is not being released) Defendants: Johnathon Maxon, Jason Soboleski Court: Monterey Superior Court, Part 1 Monterey County Courthouse, Church & Alisal, North wing, 3rd floor |
"Hey, are you a fucking queer?" That was how it all began according to the gay victim of a beating which left him lying bloody and unconscious in the gutter on Lighthouse Ave. in Monterey August 16th.
Today in Salinas the trial for Monterey's first alleged anti-gay hate crime trial began in Monterey County Superior Court.
Both the district attorney and the defense have delivered their closing arguments, and an verdict is expected Thursday morning at 9:30 a.m.
Both defendants are charged with three counts: a felony hate crime, a felony assault with a weapon other than a firearm, and a misdemeanor battery charge. A deal between the district attorney and the defendants lawyers resulted in a non-jury trial; the maximum sentence the two defendants can receive is probation for the felony counts and up to one year in jail.
Presenting Their Cases
The prosecution produced two witnesses: the victim and an eyewitness who was visiting Monterey from Redding the night of the attack. Maxon's defense attorney attorney called Maxon to the stand and a security guard from the pool hall where the two men had been earlier on the night of the alleged assault. Soboleski did not take the stand.
Both defense lawyers produced a string of character witnesses for the two men, who all testified that they have never known either of the two men to be prejudiced against gay people, never seen them participate in a fight, and only rarely seen intoxicated.
In his closing argument, district attorney Dennis LaBarbara used a domestic violence analogy no doubt in response to the character witnesses' testimony. LaBarbara explained that even though a person may act one way around friends and relatives, that doesn't mean that they can act differently at other times. He said that the facts are simple: the two defendants asked the victim if he was gay, the victim said yes, and the defendants attacked him.
Both defense attorneys' closing arguments centered around the two men's drunken state and their reported lack of prior violent behavior or discriminatory behavior towards gays. They admitted that their clients were involved in the beating, but that it did not constitute a hate crime; nor was it severe enough to warrant the felony battery charge.
Gay Support
Gay women and men from Monterey and Salinas filled half of the courtroom, the other half being filled by Maxon and Soboleski's family and friends.
Locals news media was banned by the judge from videotaping or taking pictures in the courtroom.