« Join Arjan's "Glee" Club and Rock your iPod | Main | NFL and Indianapolis Colts Coach Dungy Raise Money for Anti-Gay Hate Group »

03/21/2007

Denver Cop Under Investigation for Ignoring Gay Bashing

Denver police officer Richard Boehnlein is under investigation for refusing to take action against a gay basher. Nima Daivari, a law student visiting the city from New York, claims the officer refused to do anything after Daivari was assaulted.

Daivari We were sent a statement from Daivari on Monday (warning, contains strong language):

So, Saturday night my cousin Janet, her boyfriend Evan, and myself were walking home from dinner in downtown Denver. We passed by a couple and the male said "Keep that faggot away from me". I said "Excuse me?" with an incredulous tone and he stepped up to me and said "Fuck you faggot, I will fuck you up" and punched me in the face.
I retaliated and punched him twice in the face and put him in a headlock to keep him from hitting me again. His girlfriend then proceeded to punch me several times in the face. I couldn't let go of him, so I took several blows to the jaw, head and face as my cousin and her boyfriend tried to restrain her. Officer R. Boehnlein (and his partner) of the Denver police department arrived and physically restrained me and my two assailants. I told him I wanted to press charges, he said "No, go home".

Three times I insisted that I wanted Officer Boehnlein and his partner to arrest my attackers and to every request he said "No, go home". I told him I was a second year law student and that I know I had the right to defend myself after I was attacked. I told him that I have the right to press charges. I told him this was a hate crime. He didn't care. So we went home and cleaned me up. We then went straight to the 6th precinct of the Denver police and attempted to file a report against Officer Boehnlein. They wouldn't let me. They said I had to wait until a sergeant arrived. My cousin Janet managed to convince them to at least allow us to leave statements. We did and were told a sergeant would call us.

Sergeant Marion Penn called me at 4:00am and after I related the attack to him he said he would call me back the next day, after speaking to Boehnlein and his partner. Sunday afternoon Sergeant Penn called me back and Janet and I went into the precinct. There, Penn and another off-duty sergeant began apologizing to me for Officer Boehnlein's behavior. They then brought Boehnlein in to apologize to me and made him fill out the police report that I had requested him to fill out 20 hours earlier.
For every question he asked me, I said "Well, you were there, what time do you think it was", "Well, you were there, how tall do you think he was", "Well, you were there, how bad were my injuries". Officer Boehnlein was unfazed by this. I know in his mind not only am I the faggot who got beat up, now I'm the faggot who's getting his ass in trouble.

Sergeant Penn assured me that Officer Boehnlein is going to be reprimanded and investigated and they assigned Detective Vasquez my case. He is going to go and see if there are any surveillance cameras in the area or to see if he can locate any witnesses.

While all this makes me feel a little better (as does the fact that I fucked up that homophobe and for the rest of his life he's going to know that [I] fucked up his face), the bottom line is that 1) I was randomly attacked solely because I am gay. I chose to wear white pants and a fairy necklace and thus was subjected to a physical attack and 2) Officer Boehnlein did not give a flying fuck. The asshole, who very well could have pummeled me into a pulp, (if I were someone who was unable to defend myself) was in physical police custody, a gay guy said he wanted to press charges, and instead of allowing me to press charges against him, the officers chose to release him and we all know he will never be found and never be punished.

This is precisely the reason I go ballistic on gay rights and equality. If I were a straight white man, do you, dear reader, think that I would have been attacked? Would I have been denied the right to press charges? This entire debacle is complete and utter bullshit.

From the Rocky Mountain News: "The entire incident is being investigated by the police department's internal affairs division, said Detective Virginia Quinones. According to police documents, the suspect and Daivari exchanged words before he punched Daivari in the face. Daivari, an amateur boxer, responded by punching the man twice and putting him in a headlock to restrain him. The man's girlfriend punched Daivari several times in the face before police arrived, he said. The suspect is described as a white man between 20 and 30 years old, about 6 foot, 2 inches tall and 200 pounds. He was wearing a green shirt and blue jeans."

Comments

Dude's doing the right thing by pressing charges. We can't have people assaulting folks on the street, gay or not. Keep after it... the squeaky wheel gets the grease.

That said, I just can't support the cornrows.

Posted by: Brian | Mar 21, 2007 12:02:24 PM

Oh, and I'm not normally one to advocate the hitting of women, but in this instance the girlfriend deserved to get clocked big time. It was mighty good of this guy to restrain himself.

Posted by: Brian | Mar 21, 2007 12:04:05 PM

Fight back! Absolutely fight back, physically and legally. Demand your rights. This matter will be taken seriously by the Denver police department because it has been reprimanded in the past for failing to investigate and prosecute crimes (including a beating resulting in death) against gays.

Brian, Why would you discredit yourself after making thoughtful comments by noting his hairstyle? Damnably and dangerously shallow. It is that type of (lack of) thinking that prompts bigots to attack gay men as perceived incapable of defending themselves.

Posted by: rudy | Mar 21, 2007 12:14:56 PM

"I fucked up that homophobe and for the rest of his life he's going to know that [I] fucked up his face"

Yes! Larry Kramer, eat your heart out.

I love this era.

Posted by: Rottin' in Denmark | Mar 21, 2007 12:14:58 PM

We really do need to start standing up for ourselves. This is a perfect example. I'm so glad he was so insistent and followed through with the police and didn't just slink home with his tail between his legs. We are stronger than the homophobes think.

Posted by: MT | Mar 21, 2007 12:18:44 PM

He might as well have been alone, judging by how helpful Janet and her boyfriend were during the smackdown.

Posted by: 000000 | Mar 21, 2007 12:19:10 PM

I'm so, so, so glad to see that gays are fighting back and leaving gay bashers with as many, if not more, bumps, cuts and bruises as they receive.

As for "hitting women", I've NEVER bought that crap about never hitting a woman under ANY circumstance. If a woman is man enough to hit me then she's man enough to get the same response that I would give a man who hit me. I've seen women beat the crap out of men who wouldn't even defend themselves and then watched as everyone laughs at the guy for getting his ass kicked by a woman. Screw that! If you want to be treated like a lady by me, then you damned well better act like one.

Posted by: Zeke | Mar 21, 2007 12:21:44 PM

What I would not do to see a video of Nima Daivari kicking this homophobe's butt on YouTube. In this day and age, someone out there must have had a camera.

Posted by: PC | Mar 21, 2007 12:23:50 PM

hmmm... for an amateur boxer, Daivari sure does have some nicely shaped eyebrows. I guess even boxers have to glam it up these days.

Posted by: JR | Mar 21, 2007 12:26:32 PM

Yeah the cornrows comment was a little superficial... I betcha most folks noticed them. Just reminded me of American tourists in the Caribbean. He didn't deserve to get his ass kicked for it, though. Just sayin. :-)

Posted by: Brian | Mar 21, 2007 12:40:19 PM

Having been physically attacked on the street twice in my life—both times without any provocation on my part [hard to believe, I know]—I too well recall the rush of emotions, the cognitive dissonance ["I've never seen this guy before but there MUST be some rational explanation for why he just clubbed me to the ground...." That has to be the only explanation of why, in this day, none of the three victims thought to take a picture of the guy and his girlfriend with their camera phones. But, I hope someone is working on a sketch of the attacker for them to distribute. Also, it's true people are creatures of habit, and, if the attacker is a local, it's highly likely that he will eventually return to the immediate area.

As for not hitting women—fuck that sexist shit. If someone attacks you—male, female, young, old, muscular or on crutches—you have every right [morally, at least] to use whatever force is necessary to stop them. Self-defense training is good, but remember what they teach women: use whatever you have as a weapon. E.g., stab them in the throat with a ballpoint pen; go for their eyes with your keys or your fingers; if male, go for their groin as if it were a door you were trying to kick down.

Making you squeamish? Skeptical? Two words: Matthew Shepard. Imagine yourself tied to that fence while some subhuman is crushing your skull like a pumpkin with the butt of his foot-long gun, pieces of bone jammed into your brain cavity; kicking you repeatedly in the groin [as the autopsy showed]; and screaming "FAGGOT FAGGOT FAGGOT!"

When someone attackes you without provocation there is only one rule: survival.

Posted by: Leland | Mar 21, 2007 12:41:29 PM

A gay basher in a headlock.

Priceless.

It reminds me of an old Eddie Murphy standup routine he did back in the 80's when he was at his most homophobic. He was advocating calling gay men on the street "faggot" but then added:

"Remember a faggot is still a man and he can kick your ass."

Posted by: mark m | Mar 21, 2007 12:47:18 PM

Surely if two straight guys were verbally insulting one another late at night on a street, we would encourage them to ignore the remarks and go their seperate ways. If one of them challenged the other, we would still encourage them to back off.

The gay guy reacted to the homophobic comments and the reaction resulted in a fight whcih would otheriwse not have taken place. Is it ok to challenge a fight if the remarks are homophobic but not if they are not homophobic? Is late at night the best time to challenge homphobia.

Am I alone in this reaction.

Posted by: Mike | Mar 21, 2007 12:48:12 PM

Classic law student reaction to the police. Ah, live and learn.

Posted by: anon | Mar 21, 2007 1:00:54 PM

I am appalled by the actions of the Denver police. It is my personal opinion that the officers involved should be fired and prosecuted for promoting hate related violence. the fact that they were so blantend in their disregard for someones civil rights and that they abused their power and public trust really angers me.

it is disgusting of those "up holders of the law" to just cast it aside. Its shameful and smears the honor of other dedicated law enforcers.

Posted by: Nick | Mar 21, 2007 1:06:58 PM

I'm glad he fought back, and think more of us shouldn't hesitate to fight back.

At the same time, I think laziness (rather than homophobia) is probably the reason the cop didn't want to file a report. It was late at night and clearly both parties were involved in a fight. Nima claims the other guy started the fight, and I'm sure the other person claimed otherwise. Suddenly this Nima character starts insisting "I'm a 2nd year law student, I know my rights!!!" ... I dunno about you, but my eyes rolled at this statement.

In any case, the cop probably figured it was just your typical late night brawl that got a little out of control. Granted, it might not be by the books, but if I were the cop in that situation, I'd be very tempted to just send both parties home to settle down. If he still felt angry enough to file the next day, so be it.

Posted by: Dan | Mar 21, 2007 1:09:14 PM

Since people are being shallow commenting on the man's appearance let me jump into the mix and say that I think he looks damn good; eyebrows, corn rows and all.

Before anyone else makes a negative comment about the man's hair and eyebrows consider for a moment that these are probably the EXACT visible characteristics that lead the homophobic asshole to make his initial comment that lead to the homophobic violence in the first place. The fact that people here make similar judgments about a man's appearance based on gender conformity biases just goes to show how deeply engrained those biases are; even within a community that should know better.

That makes it all the more satisfying when a corn rowed, eyebrow plucked man kicks the ass of a person who thinks that eyebrows and hairstyles determine masculinity OR that believes that femininity equals weakness.

I’m not normally one to support or endorse violence but I am human and I have to admit that sometimes it just feels SO good!

Posted by: Zeke | Mar 21, 2007 1:20:57 PM

If you ever wonder why 38 years after Stonewall and after millions of dollars sent to gay groups we are still second class citizens, just reread some of the blame the victim comments above.

Many of us are our own worst enemies.

Posted by: Leland | Mar 21, 2007 1:25:50 PM

Damn, Leland - what neighborhood you living in?

I hope he busts the attackers' and cops' asses (legally). If the cops can't do their jobs, they don't need to be working there (and the city needs to pay for hiring such assholes).

Gimme a fukking break with comments like: "these are probably the EXACT visible characteristics that lead the homophobic asshole to make his initial comment that lead to the homophobic violence in the first place" - WHAT-EVER!! How many guys in NYC or NNJ you see with the same hair "style"? I doubt the majority are gay.
Bad hair is bad hair. I think it's a remarkably positive thing that so many people noticed it. Maybe it will prevent such travesties in the future. ;-)

Posted by: shane | Mar 21, 2007 1:36:44 PM

Leland, I think you're overstating a bit to say other posters are "blame[ing] the victim". I think the comments about the hair and brows were meant to be funny and good-natured. I didn't read anything that said he asked for it or deserved it because of his hair or brows. Lighten up.

Posted by: br | Mar 21, 2007 1:37:03 PM

Maybe some more people need to get their asses kicked. Then they'll think twice about reducing an assault to commentary about grooming.

Posted by: 000000 | Mar 21, 2007 1:40:28 PM

Dan: He was called a faggot and then punched in the face - if that doesn't constitute a hate crime then what does?

It's fantastic that Daivari was not only able to defend himself but also teach that bigoted idiot and his low life skank a thing or two. At the very least everyone should know how to land a punch if not all out kick an ass.

The bf and I practice this scenario from time to time should anyone choose to step to step to us in like manner - I would recommend that others do the same be it a self defense class , kick boxing at the gym or just plain horsing around with friends.

As for the cornrows - Me Likes!!! especially when rocked by cute, white paint wearing, gay amateur boxers, who also happen to be second year law students who not only know their rights but are passionate about about defending them as well. Good on ya Nima - it's nice to know you're on the team (and in ny : ) ).

Posted by: Giovanni | Mar 21, 2007 1:41:58 PM

It would be great if we could combat homphobia simply through love and understanding but sometimes there's just no substitute for a good old fashioned ass-kicking.

If I was challenged by some homophobic asshole I would go absolutely ballistic!

Posted by: stevo | Mar 21, 2007 1:45:41 PM

Also, Sensei, you might want to share your boxing wisdom with cousin Janet and her seemingly defenseless boyfriend. Just sayin...

Posted by: Giovanni | Mar 21, 2007 1:48:36 PM

^Exactly. I'm having a hard time understanding how a 3 vs. 2 matchup results in one from the team of 3 getting hurt the most. That would be one cousin I'd avoid for a hell of a long time, blood or no blood.

Posted by: 000000 | Mar 21, 2007 1:53:40 PM

^5 to him for not only fighting back (my personal mantra is "Bash back") but also ^5 on keeping after the police

He is cute! and yeah yeah I am going to get all superficial for a moment...the cornroles though aren't personaly appealing to me. But hey, I wouldn't turn down a date with him beauce of his having them.

Posted by: jimmyboyo | Mar 21, 2007 1:55:25 PM

Gosh everybody... let's maybe not get too shitty with each other about the cornrows comments. No one's reducing his assault to comments on grooming. The two issues are totally separate. I thought the cornrows were funny. Maybe some of you didn't. That's okay. The main thing is that he kicked the ass of the phobe who attacked him and insisted that his civil rights be respected by the police. Whether he was wearing a perfect coif, cornrows, or even a weird Peter Frampton shag, that pretty much rocks.

Posted by: Brian | Mar 21, 2007 2:05:03 PM

I'm constantly shocked every time I hear about a LGBT hate crime in Colorado. I've lived my whole life (granted only 21 years) in the state and currently live in the most conservative county/town (El Paso County/Colorado Springs) in Colorado. I have never once felt my safety is threatened, or had any hesitancy in being completely open abotu my sexual orientation (including flying a pride flag on my apartment balcony). Anti-gay discrimination is common in this town, but actual vitrol homophobic hate seems absent. For hate crimes to be occuring in the states two most liberal town (Boulder, Denver) seems overwhelmingly strange.

Posted by: Aaron | Mar 21, 2007 2:05:21 PM

No, Brian. The hair isn't even an issue. An obvious enigma to the WASPy aesthetic around here, but not an issue. It wouldn't surprise me if it contributed to the attackers' excuse for violence, though.

Posted by: 000000 | Mar 21, 2007 2:14:26 PM

It's ok for a lazy cop to be a lazy cop???? that's just to stupid to consider credible.

After having only one "minor" bashing incident in my time -which ended up being entirely verbal when I stepped toward my 2 would be attackers in a very aggressive manner and they backed down, I say good on you Nima and your cornrows!

Posted by: hoya86 | Mar 21, 2007 2:24:35 PM

Mike: I, too, share in your discomfort about resorting to violence. I tend to view violence as, more often than not, inappropriate. I have to consider, however, what Mr. Daivari and the witnesses said happened...he responded verbally to the hateful comment and was hit by the assailant. Mr. Daivari did not initiate the violence. He appears to have challenged hate speech with speech. I'm enough of an Augustinian to recognize a just act of force (a line of thinking that wasn't employed four years ago).

It's interesting that Mr. Daivari did not pummel the attacker to the ground. Instead he used enough force to stop the attack and restrained the assailant. I probably would have lost my cool (assuming I could even get a hit in) and beat the fucker senseless. Then, I'd be the one in jail.

I'm always interested in whether a state has sexual orientation in its hate crimes legislation and Colorado does. Here is an article about the increase in hate crimes, though in the Rocky Mountain State: http://www.dailycamera.com/news/2007/mar/18/hate-hard-to-prove/

Posted by: JT | Mar 21, 2007 2:31:26 PM

Get off your fucking high horse, everyone. If there was any homophobia in the cop's action, I can assure you that the DPD will drum his ass out in no time.

But do you have any idea the number of drunken brawls cops have to deal with on the average night? Especially in a nightlife-heavy place like LoDo? Like I said before, if homophobia played a role in the cop's actions, he should be severly reprimanded (if not canned). If he disobeyed department procedures by not immediately filing a report, again, he should be reprimanded (which, it would appear, has already happened).

In the end, however, I know just how difficult a job most cops have. And while we should never tolerate laziness or homophobia, I'm inclined to cut the guy some slack until we know all the facts surrounding this incident.

But some of you would apparently prefer to use this incident to score political points. It's your right, I s'pose.

Posted by: Dan | Mar 21, 2007 2:45:54 PM

While I think it's great that he managed to beat up the guy. Let's not get ahead of ourselves here.

Who knows what the officer encountered when he got there. If you've watched Cops at all, you know that when officers arrive on a scene there will be conflicting reports and general all around confusion. It could be in this case the officer was left with He Said/He Said and no way to determine who really instigated what.

Easy enough to say that an officer should do his job, but that's not always cut and dry. Sometimes they consider matters a civil dispute and let it go at that rather than push things through the legal system.
(If you disagree with this, then I hope you never let an officer let you off with a warning for speeding. Hypocrite.)

Besides, I don't think our gay hero endeared himself to anyone much with the "I'm a law student" schtickt.

Posted by: Frozen North | Mar 21, 2007 2:54:19 PM

Another thing to keep in mind here (before we wind up idolizing this guy). Most law schools have a code of conduct that applies to students both on and off the campus. If his law school discovered that he was involved in a fight like this, it could have consequences for him back at school. Unless, of course, he was the victim of a vicious, homophobic attack...

My point is - who the hell knows what happened there. From what I can tell, the DPD is doing a good job of investigating this.

This isn't to say that I disagree with publicizing this incident. I think this blog is probably doing the right thing by encouraging vigilance when it comes to potential homophobia. Some people in the peanut gallery, however, can't seem to distinguish between vigilance and hysteria.

Posted by: Dan | Mar 21, 2007 3:20:59 PM

had this situation culminated in another andrew anthos result, would some of you still be remarking about the victim's appearance and poking fun whether directly or indirectly? there's a war goin' on out there whether you wish to see it or not.

Posted by: sean | Mar 21, 2007 3:30:39 PM

Daivari very clearly articulated in his letter the events that transpired so are you calling him a liar Frozen North? Or are you waiting for the policeman to give a conflicting report to do so? It seems pretty unlikely the Daivari would go through all of that effort that night and the following morning if he was somehow at fault or " overreacting" as you and Dan seem to be implying.

Posted by: Giovanni | Mar 21, 2007 3:45:31 PM

And still the blame/doubt the victim comments keep flowing, like soft shit from a baby's diaper. We're not talking about a middle-of-the-night noise complaint, people. A fight happened. The cop refused to arrest the accused [it's NOT the cop's job to judge guilt/innocence; if the job's too hard, quit] despite the repeated insistence of the complainant. Despite the implications for police of "citizen arrest" laws. Why is the internal affairs department investigating the incident if there's so much to question? And, most of all, given the history of gay bashings in the US, why would any gay poster so cavalierly give the benefit of the doubt to the cop and the accused?

Posted by: Leland | Mar 21, 2007 4:26:25 PM

Again, proving that gays need to stop acting like a lisping, weak victims. We should heed Kramer's call and be strong and militant about our place in the world.

Posted by: Art Landis | Mar 21, 2007 5:51:09 PM

Go Nima! He did everything right. You taught these anti-gay people a lesson. I'm saving this account as a guide for what I might have to do if anything happens to me. Nima you are great; I send my love.

Posted by: Jack! | Mar 21, 2007 5:56:08 PM

wow leland and I can find common ground, wonders of wonders

leland said "Why is the internal affairs department investigating the incident if there's so much to question? And, most of all, given the history of gay bashings in the US, why would any gay poster so cavalierly give the benefit of the doubt to the cop and the accused?"

History of gay basjing....hello history in general.

This person is young, of color, gay, and probably not overflowing with trust fund money.

History in general has shown us countless times what police think and do when such are the victims.

Now if the kid was rich, white, straight, etc you better believe the police would have reacted split quick.

Eough with the blaming the victim crap

History has proven beyond all shadow of doubt that in a case such as this the police do not/will not react as they should

Posted by: jimmyboyo | Mar 21, 2007 6:03:42 PM

sorry for the typos

Posted by: jimmyboyo | Mar 21, 2007 6:05:22 PM

To clarify:

a) he should have ignored the guy. it's what we teach our kids, live by example. sticks-and-stones no?

b) since he was attacked first (sticks), hurray to him for defending himself

c) justice isn't always clean cut - maybe the other guy said the "fag" made a pass and when he got turned down he attacked, and the guy had to defend himself (statement supported by his girlfriend) Now who has a police record for a shakey incident? Perhaps the cop just thought, you got your revenge, good enough, since I got two conflicting reports. (GTG, there's someone breaking into a nursing home!)

As for the whole, Blame-the-victim schpeel, spare me. Let's look at the Duke rape case for example. Everyone sided with the "victim" who turned out not to be a victim at all. Unbiased judgement is the corner stone of our system. Too bad people always forget that.

Posted by: Frozen North | Mar 21, 2007 6:22:32 PM

Frozen North, you'd more accurately call yourself "Brain Freeze." The "system" you refer to is what is supposed to happen in COURT. However, the cop was playing judge and jury. As he did not witness the chain of events, he was wrong to do that even if it turns out Daivari struck first. I don't know what your agenda is, but what else can one expect from someone who studied law at the University of "Cops"? Bad boy. Bad boy.

Posted by: Leland | Mar 21, 2007 6:30:39 PM

Frozen North: Seriously, do you have kids? I believe that men like Zeke, who actually have kids are the ones who teach kids. Secondly, it doesn't matter who did what to whom...a complaint was made. The officer should have taken down the facts...at least the freaking names! For crying out loud, you can't be serious that decisions regarding what constitutes crimes should be left to the beat cops.

Comparing this to the Duke LaCrosse case is like comparing apples to condominiums.

Posted by: JT | Mar 21, 2007 7:13:45 PM

If someone randomly called me a faggot, I'd probably react in the same way Daivari reacted. Good for him for standing up for himself. We should ALL react the same way and show these bashers that they can't push us around.

Posted by: peterparker | Mar 21, 2007 8:01:53 PM

We really do need to start standing up for ourselves. This is a perfect example. [...] We are stronger than the homophobes think.
Posted by: MT | Mar 21, 2007 12:18:44 PM

Amen!

This is exactely what Larry Kramer's letter was about, it was about instances like these.

The gay community has to stop apologizing for existing. Sharpen your vocabulary, prepare your globes, and prepare to attack back.

Sometimes you have to be willing to attack those who are after you, physically, verbally, legally, instituionally - as it's the only thing that will instill fear on them.

Cause make no mistake about it: our haters are terrified of us!! and they'll try to test us in several ways to see how we'll react; if you prove to them you'll let them walk all over you and accept crumbs, then they'll keep on doing it.

But if you attack right back, and they'll not only show you respect, but they'll also want to be an ally with you. That's the sad truth about the human species, they want to be on the side of those who are tough.

So we gotta learn to be a community which speaks up and stands up for themselves!!

Posted by: Da | Mar 21, 2007 11:10:34 PM

I assume nothing. I took a break from reading a book to my 12 year old son to send an e-mail to the independent office responsible for complaints at the Denver PD. I made three quick points: everyone deserves equal treatment, regardless of their sexual orientation, (duh), this is in no way an issue that is only of concern for gay people, and that the way this case is handled will have serious economic repercussions for the city and the state. People need to understand that millions of straight Americans are sick and tired of the fucked up right wingers and the fundamentalist Christian's efforts to use anti gay hate to hold on to political power. Progressive Americans need to hold decision makers, in and out of government, accountable for their choices. Anti gay hate needs to be punished, politically, socially, and economically. The future belongs to us! Young people everywhere are rejecting the hate mongers. WE need to be willing to fight, and to be ready to build coalitions across the issues that divide us, focusing on the values that we share.

Posted by: Cold in wisconsin | Mar 22, 2007 12:09:24 AM

I think the statements of Dan and possibly Frozen North actually make the police look even worse. The implication is that their job is tough so... they shouldn't be held accountable for not doing it? Wha!!?? Is this really what they teach police officers? If so then the state of law enforcement in this country must be thouroughly dispicable. However, I actually would like to believe that the people who are responsible for the safety of the public are supposed to do there jobs and not shrug off their obligations simply because they are apathetic or under pressure. If you didn't already know assault is a crime. If the local police take it serioursly and prosecute those crimes guess what happens? People stop breaking the law and committing assualt in larger numbers because they think they can get away with it and the police shuck their responsibility to do their job? Wow. Insane. Police doing their job. Being held responsible for the enormous amount of authority they are given. I just can't comprehend this. It's mindblowing. Oh wait, I forgot. You can't hold a police officer accountable for anything they are responsible for doing.

Posted by: JLuv | Mar 22, 2007 1:48:26 AM

While I can't respond to everything, I hope I can address a few concerns/comments (yes, I know we should all take a page from the Obama camp and not worry about addressing every single thing that's said, but what the hell, I'll give it a whirl)

1. After hearing my attacker say "Keep that faggot away from me" all I said was "Excuse me?". It was half out of pure shock and half to make someone who says something like that look me in the face and say something like that. I was not looking for a fight. I had 1.5 glasses of wine with dinner over the course of an hour (point being I wasn't drunk), I've never been in a fight in my life, and I really thought it would be an exchange of words with me chiding the fucker for being such a douche bag.

2. I told Officer Boehlin that I was a second year law student only after i told him three times to arrest my attacker. I am not yet a lawyer so I did not want to claim to be one, but I wanted him to know that I wasn't joking. I really do know my rights and when one strikes another, the victim has the right to retaliate. It's called self-defense and the first aggressor does not receive immunity for the ensuing fight. I put him in a headlock because I am not an animal. I was not going to pummel this guy just because I could. Further, self-defense only works to the extent necessary to stop the attack. Then you either have to stop or flee. I was not going to flee, I was going to hold him until help arrived.

3. In hindsight, yes, I should have struck the female as well. She did more damage than the male, however I have never struck a female and during the 15 seconds or so that the incident went on, in my mind I went back and forth a million times on whether or not I could bring myself to strike a female.

4. Eat shit, I love my cornrolls and so do many people. Even if no one loved them, I should hope it's evident by now that I don't care what people think. I do what I like and that includes cornrolls and necklaces with fairies on them and whatever the hell else I please.

5. My school does not have a policy that prevents me from defending myself during a physical attack.

6. My cousin and her boyfriend were in shock and towards the end began to restrain the woman. My cousin is a female and was very shaken up. Her boyfriend has three kids and doesn't need to go to jail. I was handling my attacker and they had started to restrain the female attacker when the cops arrived. Keep in mind a fight is not like the movies, it's not over the course of 10 minutes with great camera angles and music. It was like 15 seconds of physical violence. I simply reacted more quickly; they reacted upon registering what had happened.

7. The Duke LaCrosse analogy is so obscene it doesn't warrant a response.

8. To those that feel it may have been too time consuming/not worth it for the officers to file a report: at the very very very least, an officer takes down names after an incident and runs the names for wants and warrants. Officer Boehlin and his partner failed to even do that. Had they done so, we'd at least have some names.

9. The rest of the DPD have been great. True they're probably just covering their asses for a royal fuck up, but they have been nothing but courteous and professional. Boehlin, as an agent of the police department, just fucked up royally. ROYALLY.

10. This went down at an outdoor mall. It's not a he said/she said situation. There were about 40+ witnesses to the event.

11. I don't think of Denver as a hateful place. This type of shit happens everywhere. EVERYWHERE. I am making a stink because most people do not. This is how these crimes get swept under the rug. If everyone spoke out, things like this would happen less.

12. My eyebrows are fierce.

13. You challenge homophobia when you encounter homophobia. There is no appropriate time or place or forum because homophobia is never appropriate.

14. Who the heck is Kramer?

15. I'm exhausted and will likely not respond to any further attacks. You can send any direct messages to my MySpace, otherwise, peace and love to those of you with brains. Acne and backhair to haters. Also haters, what the fuck is wrong with you? Can we at the very least band together to fight homophobia? Fuckin hell, you already don't date asians or blacks or fatties or baldies, only like muscle boys, only like smooth boys, want a rich man, don't wanna commit, love your crystal meth, blah blah blah. An ounce of support would be nice since we're fighting the same fight.

Posted by: Nima Daivari | Mar 22, 2007 1:59:27 AM

Esq., sue the pigs, too. As for the sow, next time, more lipstick, please.

Posted by: Roland | Mar 22, 2007 2:05:40 AM

Nima, I support you 100%. You did the right thing.

Yes, your eyebrow are fierce. So are your cornrows.

Stay strong.

Posted by: Jack! | Mar 22, 2007 2:42:57 AM

Good on you Nima! I got punched once, on my way home, for being gay, and I fought back as hard as I could. Fortunately for me the police were very helpful, even calling me up a couple of times in the following weeks to see how I was going. I just had a swollen lip.
What you did was warranted by the situation, no more no less.
And you're very cute too!

Posted by: Chaqille | Mar 22, 2007 3:56:39 AM

Nima's comments make it clear what happens when a bunch of people who didn't witness a situation get together for an assump-fest. From the cornrow comments to the 'why didn't the boyfriend step in?', the bottom line is that none of us were there, and should be careful before rushing to judgement (on anyone, including the cop).

And Nima, 'Kramer' is Larry Kramer, the gay activist who last week gave a speech calling for the creation of a 'gay army'. Your no-tolerance attitude for homophobia is a good place to start.

Posted by: Rottin' in Denmark | Mar 22, 2007 8:21:26 AM

Nima, more than just your eyebrows are fierce!

I'm proud of you my brother, cornrows and all!

Posted by: Zeke | Mar 22, 2007 9:35:09 AM

I couldn't agree more w/ what JLuv said @ the top of his statement.
{Posted by: JLuv | Mar 22, 2007 1:48:26 AM}
I live in downtown Denver. I have for 13-14 yr.s. Denver (and it's DPD) have grown a lot in the time i have lived here. Though no matter the increase in population, jobs, clubs, cars or minorities; it still maintains an underlying note of the "small, 'oil-drillin', consevative" town it was in the 80's. I certainly hope this case helps improve that flaw on Denver's homophobic record. On that note, I'm really, really glad to hear that NIMA fought back. Have you heard about the case in Boulder? Around the same time. Made the Rocky Mountain News front page. same deal. Maybe a 'lil more damage to the str8 pricks, (2) but it was also them (not the gay victims) who were interviewed for various articles. poor guys "were'nt ever gonna hurt the gay guys"... WHATEVER. No one here, especially gay people, were buying into that shit. And we let it be known. hey, does any one know the final details on NIMA's case? I could easily find out. will get back to ya.....

Posted by: ROD | Mar 26, 2007 2:46:45 AM

Colorado | Crime | Denver | Gay Slurs | Law Enforcement | News

Denver Cop Under Investigation for Ignoring Gay Bashing

Comments

Post a comment

Recent Comments