Hate-crime victim implores Legislature to hear his story

Published: Thursday, Feb. 3, 2005 9:28 p.m. MST
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One hug of friendship in a Boise bar changed Mark Bangerter's life forever. A stranger who mistook the hug as a gesture of homosexual love nearly killed Bangerter.

First, he punched Bangerter. Then he attempted to strangle him. Later, after the man apparently followed Bangerter home, he beat him until Bangerter was permanently blinded in his left eye.

"I'm certain that if someone hadn't come to stop it, he would have killed me," said Bangerter, who is in Salt Lake City today to discuss proposed hate-crimes legislation with Senate President John Valentine, House Speaker Greg Curtis and Gov. Jon Huntsman Jr.

Bangerter, who is heterosexual, hopes lawmakers might consider his story when they reconsider a bill that would add enhanced penalties to crimes based on hate. The legislation has faced consistent opposition by lawmakers who oppose creating special protected classes.

SB181 would increase by one step the penalty for any crime based on "bias or prejudice" and based on attributes that include but are not limited to race, color, disability, religion, sexual orientation, national origin, ancestry, age or gender. For example, a Class A misdemeanor would become a third-degree felony.

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Bangerter said he had no time to reason with his assailant before the April 15, 1998, attack. The first punch came immediately after he cursed at Bangerter and called him a derogatory term for homosexuals.

"A crime like this changes the way someone looks at life entirely," Bangerter said.

In addition to losing his sense of safety, Bangerter said he has lost his depth perception, and that has cost him his occupation as an artist.

"This type of person that attacked me has a true hate for a particular group," he said. Hate crimes, he added, are not laws that give "gay people special privileges or special protection. It is for people like me."

Valentine said Thursday he has "serious doubts" about the proposed hate-crimes legislation because he's in general against criminal enhancements on any basis.

"I am traditionally against the stacking of charges," he said. "A crime is a crime."

Still, Valentine said, "I'm open for discussion."

Huntsman has also said he's open to it.

Curtis has said crimes should be punished, regardless of motive. He said he has concerns with the legislation as drafted.

Utah is one of two states with a hate-crimes law largely considered unenforceable because it includes no classifications. Four states have no hate-crime law.

Sen. Karen Hale, D-Salt Lake, who co-sponsors the bill with Sen. Greg Bell, R-Fruit Heights, said it's important that lawmakers hear Bangerter's story.

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Michael Brandy, Deseret Morning News

Mark Bangerter (now blind in one eye) is petitioning lawmakers to make penalties tougher for criminals who commit hate-based crimes.

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