MADISON, Wis. (AP) — A 17-year-old is charged with a hate crime for allegedly punching another bus passenger who is gay.

Jayvon Flemming, of Madison, was charged Wednesday with battery to a public transit passenger as a hate crime. According to the complaint, he and two others allegedly teased another man about being gay before Flemming punched him as they left a public bus Sunday.

The Wisconsin State Journal reports that Flemming had lived in the same foster home as the alleged victim in 2009.

The complaint quotes Flemming as telling police he previously told the man that if he ever saw him outside the foster home, he was going to “hit him in the mouth.”

The complaint says the alleged attack was also caught on security video.

(© Copyright 2011 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

Comments (67)
  1. Stan Charleston says:

    This is completely unjust, why don’t they start capturing the real dangerous criminals, fist-fighting is hardly a crime.

    1. Victim Du Juror says:

      Wew do you see fist fighting Stan?
      I see he got smacked – after they were teasing and bullying him.
      So let’s call it what it was – he was attacked and punched. Sound better?

      No reference anywhere he fought back. Case closed

      1. Sammy Tyler says:

        So it was little one sided, no need to have a hissy fit…

        1. LLP says:

          No it never is untill it happens to you

          1. Tom Willard says:

            Not nice…hardly a crime though. Victim Du Jour?? You need to get a spine.

    2. vern says:

      you’re an idiot

  2. darryl says:

    i hope the throw him a jail cell with a few guys so the can beat him for a while

    1. Lower Middle Class man says:

      A Jail cell filled with Big Harry Gay men would be better yet

    2. Mel says:

      Only fist-fighting? I don’t think there was a fight. One kid hit another because of hatred. And it can’t be tolerated it at any level. Today, it’s one hit – tomorrow he might beat him until he can’t breathe. He’s only 17 and he has that much hatred towards someone because he thinks he’s gay?… We need to do all we can to stop hate crimes for any reason… race, color, sexual preference etc. No matter that it was one punch, he should be convicted with a hate crime.

      1. Tom Willard says:

        We are truly a society of wimpy, cowards. People get punched. I can just see Mel sitting around in a circle singing ‘give peace a chance’ You make me sick. Does it bother you to be spineless?? It really should. If people like you had their way back in 1776, this country would be divided up about 12 different ways right now.

        1. Mel says:

          Sounds like a very ignorant response.

        2. Michael B. says:

          Tom’s a manly man. Tom has no feelings for other people. Empathy? That’s for girls. Manly men like Tom use their fists instead of words, because words can’t give someone a bloody nose. Masculinity, like Tom’s, doesn’t require ‘thinking’. It requires DOING. ACT before you THINK so you don’t become a sissy.

          Honestly, people like Tom Willard are some of the gayest people I know.

          1. Patti says:

            No, Tom is just tired of the ultrasensitive culture that the liberals have breeded. It’s not that he doesn’t have feelings for anyone else. We are a spineless society. Not that anyone should resort to throwing punches, but our inability to stand up to someone, without a lawyer present, is ridiculous.

          2. Stan Charleston says:

            Micheal B. pees sitting down.

            1. Michael B. says:

              Stan Charleston secretly reads “Latino Boys Magazine”.

  3. Jon says:

    Sounds like they have a history. Why don’t they release the video for us to see. We don’t have much evidence as to why it is a hate crime at this point. Just getting in a fight with a gay doesn’t mean anything unless the fight was specifically because he was gay which this article doesn’t say was the case.

  4. Dogg says:

    From what little information is available it sounds more like it has to do with their past history than a sexual orientation issue.

  5. Victim Du Jour says:

    They didn’t charge the guy who beat a gas station customer with a baseball bat with a hate crime. 14th Amendment Prohibits the State of Wisconsin from passing laws that punish people harder for crimes against gay people.

    This is the media inciting class warfare more than anything.

    1. Mark says:

      How is this set up to incite class warfare? I don’t see the connection.

      1. Victim Du Jour says:

        Jim Crow laws and black codes punished blacks harder for crimes against white people.

        Now you get punished harder for crimes against gays.

        Class Warfare is when you give one group more protection than the other for votes.

        1. Josh says:

          If people were trying to appeal to gay voters, they’d be able to marry already.

        2. Don says:

          Because clearly Jim Crow laws are similar to the oppression experienced by the anti-gays.

      2. Victim Du Jour says:

        The media incites class warfare by pretending gays are the only ones who experience hate when they are assaulted.

        Violence happens every day in this city, and all violence is “hate”

        1. Josh says:

          I see the point. Maybe we should call it “discriminatory violence”.

          1. Victim Du Jour says:

            I think it should be called assault.

            It doesn’t matter what is said, the law doesn’t have to care what is said, Physical violence and assault is assault.

  6. Kaiser says:

    To Stan, this is not 1950s anymore. What are you going to stay next… beating your wife is hardly a crime because “its just fist fighting”. A highly developed society protects its vulnerable members so that prosperity is not limited to the ones with the bigger stick.
    Your thought process is quite disappointing if not dangerous.

    1. Bobby says:

      Kaiser- why are gays “vulnerable?

      1. Rhonda from Stillwater says:

        OMG Bobby — like a minority maybe? Sometimes, actually often, smaller and weaker. Seldom in a pack like the 3 tough guys were here and likely under-manned at 3 to 1.
        Loads of reasons – one hopes your comment was in jest.. ??

        1. Bobby says:

          not in jest at all…..everyone wants to be “equal” under the law….that is until something bad happens, or they want somthing that they feel they are entitled to.

          Either we are all equal or we are not. You can’t have it both ways.

          1. Rhonda from Stillwater says:

            Interesting spin – then I propose we have this 17 year old get on a bus with three 3 gay men of similar size and make it equal. Then it is played out both ways ways and fair, right?
            Bobby – do you want to be the bad guy?

            1. Bobby says:

              i’m not saying it was a good situation, or it was fair. But saying that the victim was more vulnerable just because he is a gay man just doesn’t make sense.

              I’m not trying to be the bad guy, I’m trying to view the situation from a un-emotional, rational point of view.

              If the victim was of the same sexual orientation, religion, race, etc as the attackers, this would not be talked about as a hate crime….they just didn’t like the guy, and he would have been just as vulnerable because he was alone, not vulnerable because of his sexual orientation

              1. Les says:

                Finally, someone with some rational thought. Thank you Bobby.

              2. IWonderIF says:

                to add to what bobby is saying,
                Why is it that we automatically assume that gay = weak. I know allot of gay guys that can through down just as much as a straight guy. the guy was out numbered. 3 – 1 – this hate crime rap is a stretch at most..

                1. Bart Baranimal says:

                  I once saw a gay man CHOKE a guy to within inches of death using just his PURSE.

            2. HDC says:

              Interesting… but what if the 17yo whoops the 3 guys. call him a winner, 4-0, and let him go scott free?

            3. captainobvious says:

              The point is if 3 gays guy punched him the str8 guy, it wouldnt be a hate crime you understand, simpleton.

      2. Tom Willard says:

        True true!! I was next to a large group of gay men 2 years ago at the Mn State Fair ABBA show. These dudes were intimidating to say the least. I made a wide circle not to offend anyone accidentally. Anyone of them could destroy me. And I’m a pretty big guy. Vulnerable…as a group? I don’t think so.

  7. Bobby says:

    Can we get rid of the term “hate crime”. Obviously if someone punches someone else, there is some hate there. If I get punched, can I scream hate crime because I am white? or German? or short? or straight?

    Wouldn’t any violence against another person technically be a “hate crime” where do e draw the line here?

    1. Chris says:

      Bobby… Very good point and I agree… thanks.

    2. Josh says:

      It becomes a hate crime when a person is victimized BECAUSE OF their race, religion, sexual orientation, etc. If a group of people attack you BECAUSE you are white, then that would be a hate crime.

      1. Tom Willard says:

        People are attacking WHITES everyday in the media and on the streets. What are you talking about.

        1. IWonderIF says:

          Tom – move along.. nothing for you to see here..
          Again, bobby does have a valid point

  8. who cares says:

    Dogg makes a good point. Not only that but if you punch anyone for anything other than selfdefense that should be considered a hate crime, why does him being gay make it worse of a crime?

  9. KracktUp Kooks says:

    @Stan – stomping a dog is cool too I bet huh ?
    @ Victim – hardly class anything. Just a punk who bullies a gay dude and then smacks him down. Hell Victim – you baffle me with that class warfare bs. Nothing here to do with class – just a bully beating on a gay. Of course the bully had the 2 wusses behind him to prop up his courage. Send the punk over to my neck of the woods at night and I’ll send him back with a guarantee he won’t be talking for a few weeks, minimum. If 2 punk friends can come too. I’m always saying the more the merrier

    1. Les says:

      That’s the way to intelligently deal with a situation you don’t like. Did the ‘hood bring you up that way? Stan was just stating the obvious to most people who don’t fly off the handle with their emotions – it’s frustrating that a certain class of citizens get special treatment and whoever hits them is now convicted of a hate crime when there really may have been much more to the story than we heard. Perhaps this person who got hit had done something extremely harsh to the hitter. We dont’ know all the facts. Who hits anyone with love in their heart? Of course it’s hateful feelings that made this occur. Tired of the special protections some are offered – just prosecute them as you would any other person with the same crime.

    2. Jerry says:

      How did kracktup have the intelligence to even navigate his way onto a website?

  10. Tmack says:

    What a puss, people get punched all of the time. Just because he’s gay makes him different and more of a victim

    1. KracktUp Kooks says:

      You can come on over Tmack with the other 3….me gots loads of room in the woods out back for you and them. Gawd – this could be fun there boy.
      Tonight work for ya?

    2. Penny says:

      Exactly. Tired of the special considerations of the few. I think most would agree it’s ridiculous to hit someone just because they stand for a certain lifestyle but women have been hit for years. Should we have special laws protecting us? Still a blind eye is turned toward women when others (like in a family) witness physical abuse against them. Most men find it distasteful to hit a woman but few have the courage to say something if it’s their brother, etc that’s committing the act. An act of violence should be pursued the same as it would be for any other motive for violence.

    3. Tom Willard says:

      Exaclty T

    4. Don says:

      When the core of a person’s identity is attacked, the degradation and dehumanization is especially severe, and additional emotional and physiological problems are likely to result.

  11. Murph says:

    Evidently he was ornery having not found a seventy five pound, ninety something year old,cancer patient to hit! Will probably grow up to be another lawyer/politician!

    1. Jerry says:

      Really helpful and insightful comment there, Murph. Why bother?

  12. Bob says:

    Maybe we all should start carrying guns! This may not happen!

    1. FlippIn crazy adult kids says:

      yeah — me loves the thought of shoot outs and dozens dead. neat

  13. Les says:

    What is wrong with this website? It constantly doesn’t post what you’ve just written. Annoying!

  14. red says:

    its cco thats why

  15. HDC says:

    what if he teased and punched the guy because he was fat? still a hate crime? or what if you really hate people with blue shirts on and went around smackin them in the face, “normal” crime or hate crime? if crime+hate=hatecrime, then crime+love=love crime. or crime+sneaky=sneaky crime?
    time to call Judge Dredd. he’ll know what to do.

    1. Tom Willard says:

      How about if a gay calls a straight guy names and smacks him. Is that a ‘hate-crime’?

  16. sad but true says:

    Iim sure this guy has taken a few hard mushromm stamps to the forehead before deal with it, stand up for yourself or continue to live life in fear rod cleansers

  17. lib says:

    This kid should be charged with assault, no doubt, but why is this gay guy more important than any other human being. This is the issue with hate crime laws, it makes someone elses llife more important than another. One reason for the revolutionary war was that “All men are created Egual”, otherwise a rich mans life was more important than a poor mans, unjust, as are hate crime laws.

  18. Matt says:

    If a person’s differences make them more of a target for violence, I think it is fair to impose harsher penalties for the perpitrators of those crimes. This does two things: It sends the message that we, as a society, no longer condone discrimination against minorities; and it acts as a deterrent for people who are bigoted and think they can get away with it.

    Racism, sexism, homophobia, and religious intolerance are still huge problems for this country. In the coming decades the white, christian population in this country is expected to shrink to the point of becoming a minority. I wonder what your take on hate crimes will be when you become one of society’s marginalized groups.

    1. lib says:

      Matt, it could be argued that receiving special treatment by law enforcement and the courts causes the very problelms you elude to in your note. All people should be treated the same.

  19. Bryce says:

    It was very hurtful…

  20. fred says:

    start up a special interest group…..grease up some politicians….and then pass some stupid law…. all violent crimes are hate crimes,not just some.

  21. tom says:

    Why is it a hate crime, he said he was going to hit him if he ever saw him outside the group home, well he seen him and hit him, why do they think it was because he was gay, maybe it was for another reason that happened awile ago, everything now a days is a hate crime, this country is going to h3ll really quick with these poltically correct liberals

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