November 3, 1999
Web posted at: 1:38 p.m. EDT (1738 GMT)

In this story: 'Gay panic' strategy not allowed Defense: 'He had no intent to kill' RELATED STORIES, SITES

From staff and wire reports

LARAMIE, Wyoming (CNN) -- A Wyoming jury on Wednesday found Aaron McKinney guilty of felony murder in the October 1998 beating death of Matthew Shepard --- a gay college student who was brutally beaten, lashed to a fence and left to die on a remote prairie.

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The sentencing phase of the trial is scheduled to begin Thursday. Prosecutors are seeking the death penalty.

The jury found McKinney, 22, not guilty of premeditated -- or first degree murder -- but opted instead for felony murder because the killing occurred during the commission of a planned kidnapping and robbery, both felonies, CNN's Tony Clark reported.

Prosecutors argued that McKinney and Russell Henderson posed as homosexuals, lured the 21-year-old Shepard out of a bar, drove him to a remote area and pistol-whipped him into a coma. Shepard died in a hospital days after the October 7, 1998 attack.

Police said that robbery was the main motive but that Shepard may also have been singled out because he was gay.

Henderson, 22, pleaded guilty in April and is serving two life sentences.

The jury deliberated for seven hours Tuesday and resumed deliberations Wednesday morning before making the decision. Closing arguments were completed Tuesday.

In closing arguments for McKinney's trial, prosecutor Cal Rerucha paused for 60 seconds to let the jury reflect in silence on the October 8, 1998, beating inflicted on Shepard.

"Think what 60 seconds was to Matthew Shepard," Rerucha said. "It's a short time if you're eating an ice cream cone. It's a long time if you're descending into hell not knowing what fate will meet you there."

McKinney's lawyers rested their case Monday, several hours after a judge barred them from using a so-called "gay panic" defense.

District Judge Barton Voigt ruled that the strategy was akin to temporary insanity or a diminished-capacity defense -- both of which are prohibited under Wyoming law.

The attorneys on both sides are prohibited from commenting by a judge's gag order.

During opening statements last week, McKinney's lawyers said painful memories of a forced homosexual encounter in his youth prompted him to lash out violently when Shepard made a sexual advance.

A "gay panic" defense is built on the theory that a person with latent gay tendencies will have an uncontrollable, violent reaction when propositioned by a homosexual.

The defense called seven witnesses, including two men who claimed Shepard made unwanted sexual advances toward them.

Dr. Robert Lantz, a toxicologist, testified that methamphetamines can cause violent outbursts, especially in chronic users. Defense lawyers have said McKinney's actions were clouded by his use of methamphetamines and alcohol.

Public defender Dion Custis told the jury that McKinney was in an "emotional rage" at the time of the beating.

"(He) is not a cold-blooded murderer, ladies and gentlemen, he reacted," she said. "There was no thought process."

McKinney's former girlfriend testified that McKinney and Henderson plotted to pose as homosexuals to rob Shepard. Kristen Price, 19, also testified that she saw no signs that McKinney had used drugs the night of the attack.

Rerucha said McKinney and Henderson were like "two wolves watching a lamb" when they plotted to rob Shepard, who they saw at a Laramie bar.

But Custis said McKinney did not mean to kill Shepard.

"He had no intent to kill Matthew Shepard. What happened here, ladies and gentlemen, is that he hit him too many times," Custis said.

"It's disgusting and tragic, but it's not premeditated murder."

The Associated Press contributed to this report.

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