Michigan Man Pleads Guilty to Hate Crime Charge

Everett Dwayne Avery admitted to punching Justin Alesna in the face in a Detroit convenience store because he believed Alesna was gay.

Sunnivie Brydum

Sunnivie is the managing editor of The Advocate, and an award-winning journalist whose passion is covering the politics of equality and elevating the unheard stories of our community. Originally from Colorado, she and her spouse now live in Los Angeles, along with their three fur-children: dogs Luna and Cassie Doodle, and "Meow Button" Tilly.

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Sunnivie Brydum

September 02 2012 12:23 PM EST

November 17 2015 5:28 AM EST

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A Michigan man plead guilty to a federal hate crimes charge after admitting that he punched a stranger in the face because he believed the man was gay, the U.S. Justice Department reported Wednesday.

"Hate-fueled incidents have no place in a civilized society," said Thomas E. Perez, Assistant Attorney General for the Justice Department's Civil Rights Division in a press release. "The Justice Department is committed to using all the tools in our law enforcement arsenal, including the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, to prosecute acts of violence motivated by hate."

On March 7, 2011, Everett Dwayne Avery, 36, struck Justin Alesna, 23 in the face while the two were customers at a Detroit convenience store. Alesna was standing in line behind Avery, who told Alesna he was standing too close. Alesna backed up, but Avery continued hurling antigay slurs at Alesna.

After Alesna purchased his cigarettes, he tried to leave the store, where Avery again confronted him with epithets and allegedly showed Alesna the gun he was carrying. Avery then punched Alesna in the face, fracturing his eye socket and inducing other facial injuries.

Alesna filmed a video recounting the attack, his wounds still clearly visible on-screen. In that video, Alesna alleges that bystanders, including store employees, did nothing to intervene and even laughed during the attack. Alesna said that when he asked the store clerk to call the police, the clerk refused and told Avery to "Kill it, bro." Watch that video below, with the disclaimer that it contains graphic, homophobic language.