Huntington (AP) – A West Virginia judge plans to rule whether a former Marshall University football player accused of assaulting two gay men after he saw them kissing on a city street can be charged with a hate crime.
Cabell County Circuit Judge Paul Farrell is presiding in the case of Steward Butler. The 24-year-old Huntington resident has pleaded not guilty to felony civil rights violations and misdemeanor battery.
The state Supreme Court had declined to hear a request by Farrell on whether state civil rights code includes violent actions directed at another person based solely on the victim’s sexual orientation.
The Herald-Dispatch reports Farrell Feb. 29 asked for written arguments from prosecutors and the defense by March 21, after which he will take 10 days to make a decision.
