Defendant Is Called Witness to Slaying of Gay Student

An attorney for the first man to go on trial for the beating death of a gay college student appeared Wednesday to point the finger at his client’s friend, who will be tried in August.

As jury selection began, defense attorney Wyatt Skaggs said Russell Henderson, 21, was only “a witness” to the beating and contended that Henderson did not participate or share in the proceeds of the robbery, which netted $20.

Henderson faces a first-degree murder charge in the killing of Matthew Shepard, also 21, who police say was lured from a Laramie bar, pistol-whipped and then left lashed to a fence in near-freezing temperatures last October. He died five days later in a hospital.

Prosecutors have also charged Henderson and his friend, Aaron McKinney, with first-degree kidnapping and aggravated robbery. McKinney goes on trial in August.

Prosecutors have asked for the death penalty for both men, who are being held in a Wyoming jail awaiting trial.

“On Oct. 6, he [Henderson] accompanied Aaron McKinney and Matthew Shepard. He drove the pickup, which he knew was owned by McKinney. He was a witness to the beating with a pistol owned by McKinney,” Skaggs said, providing an early glimpse of the defense strategy.

Skaggs also told the jury candidates that the case “is not about lifestyles.” He said: “This case is not about hate. All crimes . . . aren’t about hate. They all come down to some real simple motives.”

One prospective juror, a man in his 40s, objected quickly: “No, I disagree. . . . I think Matthew Shepard’s lifestyle was part of this.”

By the end of the day, 15 of the 71 prospective jurors in the first pool had been dismissed, many for financial, medical or child-care related decisions. Jury questioning for the rest of the week will be closed to the public.

Attorneys have said jury selection in the highly charged case could take up to two weeks, with opening statements tentatively scheduled for April 6.

Prosecutor Cal Rerucha told the prospective jurors that Shepard was “not the same as you and I” but that every individual should be treated equally under the Constitution.

The crime led to demands for stronger hate-crime laws around the country.