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Russell Henderson, one of two men convicted of the heinous hate crime, tried to have his double life sentence shortened.
The Wyoming Board of Parole has denied a commutation petition filed by Russell Henderson, one of the two men convicted for the 1998 murder of Matthew Shepard, a case that became a global symbol of anti-LGBTQ+ violence. After serving 25 years behind bars for the heinous crime, Henderson had sought a reduction of his sentence through the state’s commutation process. After a hearing, the board decided not to forward the petition to Wyoming Republican Gov. Mark Gordon for consideration.
Wyoming Board of Parole Executive Director Margaret White confirmed the decision in a statement to The Advocate.
“Mr. Henderson filed a commutation petition which the Board considered in accordance with its policies,” White wrote. “The Board held a hearing on Russell’s petition and declined to forward the petition to the Governor. This matter is now decided.”
Henderson’s petition marks another attempt at seeking relief from his two consecutive life sentences for first-degree murder and kidnapping. Under Wyoming law, an inmate sentenced to life without parole may file a commutation petition every five years after serving a minimum of 10 years.
When asked if Henderson had filed similar petitions previously, White pointed to Chapter 18 of the Wyoming Board of Parole’s Policies and Procedures, which outlines the commutation process. “As to Mr. Henderson, he may submit another petition for commutation in five years,” White said, declining to disclose additional details due to confidentiality concerns.
The crime committed by Henderson and Aaron McKinney was one of the most shocking anti-LGBTQ+ hate crimes in U.S. history. Matthew Shepard, a 21-year-old gay student at the University of Wyoming, was kidnapped, brutally beaten, and left tied to a fence on the outskirts of Laramie. Shepard succumbed to his injuries five days later, sparking nationwide outrage and a movement to strengthen hate crime legislation.
In 1999, Henderson pleaded guilty to his role in the murder to avoid a possible death sentence. He received two life sentences without parole. McKinney, the other perpetrator, was convicted by a jury of felony murder and aggravated robbery and received a similar sentence. The crime ignited a global conversation about anti-LGBTQ+ violence and eventually led to the passage under President Barack Obama of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act in 2009.
This is not the first time Henderson has sought leniency. In 2004, his attorney, Tim Newcomb, filed a petition for post-conviction relief, claiming that Henderson had not been adequately informed of his appellate options after his guilty plea. The petition alleged that Henderson’s legal rights were not adequately explained to him at the time of his plea agreement. However, that petition was also unsuccessful, and Henderson has remained incarcerated at the Wyoming Medium Correctional Institution in Torrington.
The denial of Henderson’s commutation request comes after Judy Shepard, Matthew’s mother, was awarded the Presidential Medal of Freedom by President Joe Biden in May. The award recognized her advocacy for LGBTQ+ rights following her son’s murder. Shepard and her husband, Dennis, founded the Matthew Shepard Foundation, which has focused on advancing equality and combating hate crimes in the U.S. and abroad.
Judy Shepard has been vocal about forgiveness but remains committed to ensuring justice for victims of hate crimes. Representatives for Dennis and Judy Shepard did not respond to The Advocate’s request for comment regarding Henderson’s petition.
