Attackers plead guilty in Lowell trans-bashing

Three men charged with assaulting a transgender woman in Lowell in June 2007 pled guilty this week to charges of assault and battery for purpose of intimidation due to sexual orientation and civil rights violations. Middlesex District Attorney Gerry Leone's office had urged Superior Court Judge James Lemire to sentence each of the men to one year in prison, but the judge instead sentenced each of the men, Jonathan Artis, Jules Ruggs, and Jeffrey Buchanan, all 20 years old and all from Lowell, to two years probation, 50 hours of community service, and diversity training. The latter two men must also obey a curfew from 7 a.m. to 7 p.m. for the first three months of their probation and to stay away from the victim.

"The victim in this case suffered a horrible ordeal, as he was violently attacked by these defendants who were clearly motivated by their intolerance of his sexual orientation," Leone said in a statement. "We will absolutely not tolerate those who act based on hatred and set upon others because of who they are."

The three men attacked the victim, Jenine Nickola, in the early morning hours of June 2, 2007, as she walked home on Bridge Street. They followed her, shouting and calling her "faggot." Nickola headed towards the nearby Centerville police prWecinct, but when she was 200 feet from the building the three men hit her in the head from behind and repeatedly assaulted her, continuing to shout slurs and telling her, ?We don?t like your kind in our neighborhood.? The attack left her with severe lacerations to her lip and strained back muscles. Once the men left Nickola went to the police, who caught the three men about 20 minutes later.

Although she was initially described in press statements by Leone's office and in the press as a gay man targeted for his sexual orientation, Nickola appeared at a June 7 vigil in Lowell in response to the attacks, and she told her story to the press and identified herself as a transwoman. Despite her public identification as transgender Leone?s office has continued to describe her as a man targeted for his sexual orientation. Gunner Scott, executive director of Massachusetts Transgender Political Coalition (MTPC), said it was disappointing that Leone?s office is not acknowledging her gender identity.
"As far as the DA's office goes it sounds like they need training. ... I can only imagine how difficult it must be to work with the DA's office when you're not being respected with how you identify," said Scott.

Bay Windows was unable to reach Nickola to comment for this story.
Massachusetts hate crimes laws do not cover crimes motivated by gender identity or expression, although MTPC and its allies have been working to pass legislation to make the state's hate crime laws trans-inclusive. Scott said Leone's office was likely able to bring charges based on sexual orientation since the attackers shouted anti-gay slurs during the assault.