W.Va. Court Affirms Civil Rights Violation Dismissal

The West Virginia Supreme Court has upheld dismissal of felony civil rights charges against a former Marshall University football player accused in a 2015 attack on two men he saw kissing.

The justices voted 3-2 Tuesday to send the case of Steward Butler back to Cabell County Circuit Court for further disposition.

Circuit Judge Paul Farrell ruled last year that Butler could not be charged with a hate crime because it appeared that state lawmakers intended to leave protections based on sexual orientation out of the law.

The Supreme Court ruled that state code clearly defines sex as male or female, does not address sexual orientation and that lawmakers have rejected attempts to include sexual orientation since the law was enacted three decades ago.

W.Va. Police Ask FBI if Teen's Death was Hate Crime

Police in West Virginia say a 62-year-old white man killed a black 15-year-old after they bumped into each other and exchanged words. The case is under review as a possible hate crime.

A complaint signed by Charleston Police Detective C.C. Lioi says William Pulliam confessed and described the teen as “another piece of trash off the street.”

Court officials say Pulliam was arraigned on a murder charge and jailed Tuesday. He has requested a court-appointed lawyer.

According to city police, the teen was shot Monday evening at an intersection and taken by ambulance to a Charleston hospital, where he was pronounced dead from two gunshot wounds.

Assistant U.S. Attorney Steve Ruby says authorities are “in the early stages” of reviewing whether the shooting falls within the federal hate crimes statute.

Court Won't Answer Hate-Crime Question in Ex-Player's Case

The West Virginia Supreme Court has chosen not to rule on whether a former Marshall University football player accused of assaulting two gay men after he saw them kissing on a city street can be charged with a hate crime.

The Herald-Dispatch reports the order was issued Feb. 9 in Steward Butler’s case.

Butler has pleaded not guilty to two counts of felony civil rights violations and two counts of misdemeanor battery stemming from the alleged April incident.

In December, the court was asked to decide whether state code protects an individual’s civil rights if the crime is based solely upon the victim’s sexual orientation.

Prosecutors contend the violation is based on the victim’s sex, not sexual orientation.

Cabell County prosecutor Sean Hammers says the charges will remain unchanged.

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