Idaho police ‘unable’ to charge alleged anti-gay assault as hate crime

Idaho State Police say a man arrested on suspicion of assaulting a gay couple cannot be charged with a hate crime because of a loophole in state law.

Pedro Villarreal was arrested after he reportedly shouted anti-gay slurs at Eric Reid and Juan Olvera outside a restaurant, then chased them to nearby train tracks and punched them.

The couple who were assaulted said: KTVB Reed suffered serious injuries that required six stitches to his lip. Olvera said of the attack: “I literally felt like they were going to kill me for being gay. It’s a horrible thing to live for and I wouldn’t wish that on anyone.”

Police arrested Villarreal, but said he could only be charged with a misdemeanor because the state’s hate crime law clearly does not apply. Law officials have said they want to pursue hate crime charges, but Idaho law does not consider crimes based on gender identity or sexuality to be hateful acts.

“We are here to serve the residents of Caldwell and the state of Idaho, and unfortunately we are unable to provide them with the justice they feel they need under the law, which is frustrating,” Caldwell Police Department spokesman Lt. Jeffrey Peterson told the station.

Idaho law has previously hindered the pursuit of hate crime charges. In 2023, Matthew Alan Lehigh was arrested and charged with criminal damage to property, aggravated assault, and arson after a series of crimes. This includes allegedly attempting to ram a gay couple with his car after destroying Pride flags at their home and a local LGBTQ+ center.

Hate crime charges against Lehi could not be brought against Lehi until federal prosecutors intervened, despite clear anti-LGBTQ+ motives behind his actions.

Currently, hate crimes in Idaho only cover targeting and harassment of people based on “race, color, religion, ancestry, or national origin.”

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