Hate Crime Victim Settles With Former Students

SAN FRANCISCO-After two years of legal battles, a San Francisco photographer won a sizeable settlement last month against two former UC Berkeley students who mistakenly assumed he was gay and attacked him in 2003.

Daniel Gohstand, an independent wedding photographer, announced at a press conference yesterday that he had reached a $250,000 settlement in a civil suit against former students, Jeffery Leeper and Curtis Stahle.

"Ironically, I'm straight," Gohstand said, standing outside Martuni's, the Valencia Street piano bar where he was attacked. "But I hope this will serve as a reminder that this type of behavior will not be tolerated in San Francisco, and, I hope, not anywhere."

Gohstand was leaving the bar on the corner of Valencia and Market streets just before midnight on Feb. 18, 2003 after having drinks with his girlfriend when Leeper and Stahle approached him, according to the complaint filed by Gary Cloutier, Gohstand's attorney.

The two, whom Cloutier believes had been drinking, made anti-gay remarks aimed at Gohstand, who was unlocking his bicycle. When Gohstand attempted to get on his bike and leave, the two began to strike him repeatedly, the complaint said.

"They brutally beat me," Gohstand said. "I suffered a split lip, a black eye, and a fractured tenth rib. I was lucky I was wearing my bike helmet."

After several minutes, the lounge management called police and both Leeper and Stahle were arrested, the complaint said. Gohstand was treated for his injuries at Kaiser Permanente Hospital in San Francisco.

"His attackers were prosecuted for felony charges for two years because a fractured rib constitutes serious bodily harm," Cloutier said. "However, ultimately the charges were dismissed because a judge has the option of throwing the case out if the victim was compensated for his injuries."

Gohstand, a San Francisco resident, filed a civil suit against his attackers under California civil code, which "provides legal redress against perpetrators of acts of violence on individuals or property, based on race, color, religion, ancestry, national origin, political affiliation, sex and sexual orientation."

"There's a lot of confusion about hate crime laws," said Jonathan Bernstein, director for the Central Pacific Region of the Anti-Defamation League. "The intent of the perpetrator is to send a message of intolerance. Your background is really irrelevant. It's about what your attacker perceives as your background."

Gohstand, who was diagnosed with post-traumatic stress disorder after the incident, said he was relieved that the legal proceedings of the case were over.

"Its been hard to pass this spot where I spat blood two years ago," Gohstand said. "I've had nightmares. The reminder of what happened can reach up and grab me. But I can stand here today and feel strong and powerful."

Gohstand presented a check for $5,000 to Community United Against Violence, a non-profit organization that aids lesbian, gay, bisexual and transgender victims of violence, thanking them for their support through his case.

"We want to congratulate Daniel on his efforts," said Oscar Trujillo, an organization representative. "We believe through legal advocacy, we can empower queer victims to stand up against intolerance."

Cloutier said he believed both Leeper and Stahle graduated on time and did not receive disciplinary action from the university. He added that the settlement money for Gohstand has already been paid in full.

When asked whether he felt any regret about the lack of criminal consequences for his attackers, Gohstand said the vast majority of hate crimes do not even reach the level of legal recourse that his case did.

"I do feel regret that it wasn't possible to pursue it further than a civil case," he said. "But we had to compromise in some way and it was the best compromise for me to move on with my life."

Gohstand advocated community support in combating similar incidents.

"We need to rally together to prevent (these crimes) in the future," he said. "Through understanding, compassion, love, and ultimately peace, we won't have to have these kinds of press conferences."

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