APPLETON, WI (WTAQ) – Questions and emotions Thursday in Outagamie County Court. A fist fight in downtown Appleton in November sent one man to the hospital.
That man, Nicolas Silverio, speaking through a translator, claiming he was the victim of a hate crime because he’s gay.
“this is still not easy for me to think about, what I had to experience. how can forget the moment that fills me with fear ? “
The defendant, Robert McDainiel, was charged with battery and disorderly conduct. But he claims he was sexually assaulted by Silverio.
His attorney, John Carrol, says McDaniel simply overreacted by beating up Silverio
“it wasn’t about race, it wasn’t about sexual orientation at all. when someone sexually assaults you, you have the right to defend yourself”
McDainel convicted of disorderly conduct, but gets no jail time. Nick Ross is a volunteer with the Fox Valley LGBTQ Anti-Violence Project.
“just a fine is sort of like a slap on the wrist when his act was motivated by racially and homophobic hatred”
The judge also ordered McDaniel to pay for Silverio’s medical bills. McDaniel will also have to pay nearly two-thousand dollars in fines.
