[Congressional Record Volume 154, Number 38 (Thursday, March 6, 2008)]
[Senate]
[Page S1701]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        THE MATTHEW SHEPARD ACT

  Mr. SMITH. Mr. President, I wish to speak about the need for hate 
crimes legislation. Each Congress, Senator Kennedy and I introduce hate 
crimes legislation that would strengthen and add new categories to 
current hate crimes law, sending a signal that violence of any kind is 
unacceptable in our society. Likewise, each Congress I have come to the 
floor to highlight a separate hate crime that has occurred in our 
country.
  On the afternoon of December 4, 2007, 30-year-old Gilbert Aguilar was 
walking to a friend's house in Yucaipa, CA, when he was accosted by 
four Caucasian men. According to a witness, one of the men called 
Aguilar a racial slur, and after a brief exchange of words Aguilar 
continued on his way. Later that night, Aguilar and two friends, Joshua 
Morales and Ryan Couture, passed by the area where the confrontation 
had taken place. The four were still there waiting for Aguilar. 
According to a witness, one of the men in Aguilar's group threw a punch 
at one of the Caucasian men, provoking Christopher Fulmer to pull out a 
gun. A witness says Fulmer fired two or three rounds, hitting Couture 
in the arm and fatally wounding Morales. Fulmer, who has a swastika 
tattooed on his chest, will stand trial on counts of murder, attempted 
murder, and a hate crime.
  I believe that the Government's first duty is to defend its citizens, 
to defend them against the harms that come out of hate. Federal laws 
intended to protect individuals from heinous and violent crimes 
motivated by hate are woefully inadequate. This legislation would 
better equip the Government to fulfill its most important obligation by 
protecting new groups of people as well as better protecting citizens 
already covered under deficient laws. I believe that by passing this 
legislation and changing current law, we can change hearts and minds as 
well.

                          ____________________