CALDWELL, Idaho — Two Canyon County men say they were targeted, chased, and beaten by a group of men in downtown Caldwell Saturday night — and because of a gap in Idaho law, the attack cannot be prosecuted as a hate crime.
WATCH | Learn more about why this isn't a hate crime in Idaho—
Juan Olvera and his partner, Eric Reed, say they were dining downtown when a group of men began directing homophobic slurs at them. The couple says they got up and left, but the men followed them and attacked them.
Reed says he suffered a split lip. Olvera says he was punched to the ground, kicked, and left with a black eye.
"I thought I was going to die," Olvera said.
"Wound up getting attacked, thrown in an ambulance, and now it makes me question... can I really go outside at all?" Olvera said.
"I don't want to go to Caldwell ever again," Olvera said.
Caldwell Police Lieutenant Jeffrey Peterson says officers responded quickly and made an arrest.
"They ended up making an arrest in the case," Peterson said.
A man was arrested on a charge of misdemeanor battery.
Olvera and Reed say they believe they were targeted because of their sexual orientation and hoped the case could be prosecuted as a hate crime. But under Idaho law, hate crime statutes only apply when the motive is tied to a victim's race, ethnicity, or religion — not sexual orientation or gender identity.
Peterson says investigators pursued every available avenue under the law.
"We do every step, everything that we can within and under the law to be able to bring justice for those individuals," Peterson said.
The couple says they hope sharing their story will bring awareness to the years-long "Add the Words" campaign in Idaho, which seeks to expand discrimination protections to include sexual orientation and gender identity.
"And I think laws like this by putting them in the code will allow to protect people like me who are affected by things that happen like this," Olvera said.
Caldwell Police are asking anyone who witnessed Saturday's confrontation to contact the department.
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