Hate crime charge goes to grand jury in Chesapeake

CHESAPEAKE

Matthew Shepherd's family contends that three black men, including one with a metal pole, attacked him one night last year in Western Branch.

Assistant Commonwealth's Attorney Stephanie Johnson argued Shepherd was the drunken instigator of a hate crime, yelling racial slurs while assaulting a couple of strangers. The incident occurred Sept. 24 outside a

7-Eleven on Portsmouth Boulevard, at Gum Road.

"It was a confusing scene," said Chesapeake Police Officer S.L. Grimstead who went to the scene that night. "We had people on both sides who were unhappy."

General District Judge Colon Whitehurst found sufficient evidence Wednesday during a preliminary hearing to send the felony charge of hate crime of assault and battery against Shepherd to a grand jury. Shepherd also was convicted of public intoxication, fined $25 and ordered to pay $72 in court costs.

Johnson withdrew a second assault and battery charge against Shepherd after the alleged victim did not appear for the hearing.

Shepherd, who is white, lives in the 1900 block of Hunt Club Lane in Foxwood North, Chesapeake, according to court records. He had been out drinking that night and was traveling by car when he suddenly jumped out, his sister testified.

He approached two black men at a nearby gas pump outside the 7-Eleven, according to court testimony.

Breck Richardson said he was leaving the convenience store when he saw Shepherd outside in a confrontation with the two men, yelling racial slurs.

Richardson said Shepherd then approached him using racial slurs, swinging but missing. They struggled, cracking Richardson's car windshield as they fought, Richardson said.

Richardson said he noticed Shepherd's wife, Laura, hitting him in the back of the head during the confrontation. Richardson said he managed to hold Shepherd down until police arrived.

Police said they had to mace Shepherd.

Shepherd's family saw it differently.

"They were all beating him up," his wife testified. His sister testified that she didn't see him strike Richardson. She did hear him make racial slurs, she said.

"Yeah, but that was after he was being hit with the pole," she said.

Laura Shepherd was charged with misdemeanor assault and battery. The charge was dismissed.

John Hopkins, (757) 222-5221, john.hopkins@pilotonline.com