First Case Prosecuted under the Matthew Shepard and James
Byrd Jr. Hate Crimes Prevention Act Where Victim was Targeted Because of Gender
Identity
Joshua Brandon Vallum, 29, of Lucedale, Mississippi, pleaded
guilty today to a federal hate crime for assaulting and murdering Mercedes
Williamson because she was a transgender woman.
Williamson, born Michael Wilkins, was 17 years old and resided in
Alabama at the time of her death. Vallum
was charged with violating the Matthew Shepard and James Byrd Jr. Hate Crimes
Prevention Act.
The plea was announced by Attorney General Loretta E. Lynch;
Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice
Department’s Civil Rights Division; U.S. Attorney Gregory K. Davis of the
Southern District of Mississippi; and Special Agent in Charge Christopher
Freeze of the FBI’s Jackson Division.
“Our nation’s hate crime statutes advance one of our
fundamental beliefs: that no one should have to live in fear because of who
they are,” said Attorney General Lynch.
“Today’s landmark guilty plea reaffirms that basic principle, and it
signals the Justice Department’s determination to combat hate crimes based on
gender identity. While Mississippi
convicted the defendant on murder charges, we believe in the fundamental value
of identifying and prosecuting these bias-fueled incidents for what they are:
acts of hate. By holding accountable the
perpetrator of this heinous deed, we reinforce our commitment to ensuring
justice for all Americans.”
“Congress passed the Shepard-Byrd Act to protect our most
vulnerable communities, including the transgender community, from harm,” said
Principal Deputy Assistant Attorney General Gupta. “No conviction, even such a historic one, can
relieve the grief and anguish facing this victim’s family. But this guilty plea sends an unequivocal
message that violence based on one’s gender identity violates America’s
defining values of inclusivity and dignity.
The Justice Department will continue to vigorously prosecute hate
crimes, which not only target individuals for harm, but also deny entire
communities the promises of true freedom and equal protection.”
“The defendant committed a horrific and reprehensible act of
violence against the victim because of her gender identity,” said U.S. Attorney
Davis. “This type of attack threatens
the harmony of our diverse community and undermines America’s principle of
equality under the law. The U. S.
Attorney’s Office is committed to continuing its work, in conjunction with the
DOJ Civil Rights Division, to ensure that the federal laws prohibiting
violations of civil rights will be aggressively prosecuted in the Southern
District of Mississippi. I commend our
law enforcement partners, including the FBI, George County Sheriff’s Office and
Office of the District Attorney for the 19th Judicial District, who worked
tirelessly in this case to ensure that justice was done.”
“Hate crime has no place in our society, especially by those
targeting victims solely for their sexual orientation or identity,” said
Special Agent in Charge Freeze. “This
guilty plea will go towards demonstrating hate crime will not be tolerated in
the United States. The FBI will continue
to work with our law enforcement partners to vigorously investigate hate crimes
and bring those to justice who violate the civil rights of our citizens.”
According to admissions made as part of his guilty plea:
In the late spring or early summer of 2014, Vallum, a member
of the Gulf Coast Chapter of the Almighty Latin Kings and Queens Nation, began
a consensual sexual relationship with Williamson. Vallum knew at the time that Williamson was a
biological male who identified and presented as a female.
During his romantic relationship with Williamson, Vallum
kept the sexual nature of the relationship, as well as Williamson’s biological
gender, secret from his family, friends and other members of the Latin Kings.
Around August or September 2014, Vallum terminated his
romantic and sexual relationship with Williamson and had no contact with her
until May 2015. On May 28, 2015, Vallum
decided to kill Williamson after learning that a friend had discovered
Williamson was transgender. Vallum
believed he would be in danger if other Latin Kings members discovered that he
had engaged in a consensual sexual relationship with a transgender woman, as
the Latin Kings Manifesto Constitution expressly prohibits involvement in homosexual
activities.
On May 29, 2015, Vallum went to Alabama to find Williamson,
planning to take Williamson to Mississippi and kill her there. After locating Williamson at her residence,
he used false pretenses to lure Williamson into his car so he could drive her
to Mississippi.
Vallum drove Williamson to his father’s residence in
Lucedale, Mississippi, where he parked his vehicle behind the house. As Williamson sat in the vehicle’s passenger
seat, he assaulted her. After using a
stun gun to electrically shock Williamson in the chest, Vallum repeatedly
stabbed Williamson with a 75th Ranger Regiment pocket knife.
As Vallum stabbed Williamson, Williamson fled from the
vehicle. He chased Williamson and
stabbed her again multiple times. Vallum
delivered what he believed to be a fatal stab to Williamson’s head, as he
thought he “hit brain” with a blow from the pocket knife. Williamson briefly got back up but again fell
to the ground.
Vallum went back to his vehicle to attend to a cut on his
thumb that he inadvertently inflicted with his own knife during the
attack. At that time, Williamson got up
again and stumbled farther into the woods.
Vallum retrieved a hammer from the trunk of his vehicle and
chased after Williamson. He caught up
with Williamson and hit her on the back of the head with the hammer. Williamson fell to the ground and Vallum used
the hammer to hit her in the head several more times until Williamson died.
After the murder, Vallum attempted to dispose of the murder
weapons and other evidence linking him to the crime. He also falsely claimed to law enforcement
that he killed Williamson in a panic after discovering Williamson was
transgender. In pleading guilty today,
Vallum acknowledged that he had previously lied about the circumstances
surrounding Williamson’s death and that he would not have killed Williamson if
she was not transgender.
U.S. District Judge Louis Guirola Jr. of the Southern
District of Mississippi accepted Vallum’s plea.
Vallum faces up to life in prison and a $250,000 fine. Vallum previously pleaded guilty to murdering
Williamson in George County, Mississippi, Circuit Court, where he was sentenced
to life in prison. While the state
convicted Vallum on murder charges, the federal government was able to bring
this prosecution because Mississippi does not have a hate crimes statute that
protects people from bias crimes based on their gender identity.
This guilty plea was the result of a cooperative effort
among the Justice Department’s Civil Rights Division, the U.S. Attorney’s
Office of the Southern District of Mississippi and the Office of the District
Attorney for Mississippi’s 19th Judicial District. This case was investigated by the FBI
Jackson Division’s Pascagoula Safe Streets Task Force and the George County
Sheriff’s Office. It is being prosecuted
by Trial Attorney Julia Gegenheimer and Special Litigation Counsel Sheldon Beer
of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Jay
Golden of the Southern District of Mississippi.
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