Matthew Shepard Beating Death Trial: 1999

When McKinney came to trial, October 25, his court-appointed attorney, Jason Tangeman, tried the "gay panic" defense. In his opening statement, he said that McKinney had suffered homosexual abuse as a child. When Shepard made a homosexual advance to him, the lawyer said, it drove him to an insane rage. "Gay panic" has no place in statute or case law, but it has been used successfully to reduce charges in several cases. Judge Barton Voigt, however, ruled that what Tangeman was trying to prove was temporary insanity, which is no defense in Wyoming.

Tangeman and McKinney's other court-appointed lawyer, Dion Custis, then tried to show that their client was less responsible because he had been taking drugs and was drinking heavily the night of the attack.

The jury found McKinney guilty of both kidnapping and murder. The next day, it was to consider whether or not to recommend the death penalty. But when it met, there was a surprise.

Dennis Shepard, the dead man's father, stood up and addressed the murderer.

"I would like nothing better than to see you die, Mr. McKinney," he said. "However, this is the time to begin the healing process, to show mercy to someone who refused to show any mercy."

The Washington Post said, "Judy and Dennis Shepard tempered justice with mercy and may have spared the life of the man who killed their son."

"Parents of gay obtain mercy for his killer," headlined the New York Times.

The situation, however, was a bit more complicated. The day before Dennis Shepard made his statement, when the jury delivered its guilty verdict, it had not agreed with the prosecution that the murder was premeditated. In that case, most Wyoming legal experts agreed, there was little chance that McKinney would be sentenced to death.

McKinney's lawyers, however, did not want to risk even a small chance. Tangeman approached Rerucha to see if the family would agree to a life sentence instead of death. Rerucha was flabbergasted and outraged. He denounced the audacity of the defense team—lawyers he personally disliked—in asking mercy of the parents of the dead man.

Two other members of the state team looked at the situation more realistically. Sergeant DeBree, who made the arrests, and his superior officer, Commander David O'Malley, knew that McKinney would probably get life anyway. And in that case, there was a chance he might again be turned loose on society. They brokered the meeting between the defense team and the Shepards. Rerucha went, too, but he walked out after five minutes. What Tangeman and Custis finally offered was two consecutive life terms, with no appeals allowed and no possibility of parole. After some discussion, Judy Shepard agreed. Dennis didn't. Neither did Rerucha, who had the final decision. Eventually, Judy Shepard's arguments and the police officers' cool assessment won over Dennis Shepard. Rerucha reluctantly agreed to forgo asking for death.

Judge Voigt sentenced McKinney to two consecutive life terms. There could be no appeal. McKinney will never leave the prison.