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

Assistant Commonwealth’s Attorney Stephanie Johnson, however, argued Shepherd was the drunken instigator of a hate crime that night, yelling racial slurs while assaulting a couple of complete strangers. It occurred Sept. 24 outside a 7-Eleven on Portsmouth Boulevard, at Gum Road.

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

For more of this story, see tomorrow's edition of The Virginian-Pilot.