Idaho police say alleged antigay beating can’t be charged as a hate crime

An Idaho man was arrested for allegedly assaulting a gay couple outside a restaurant. But despite allegations that Pedro Villareal hurled antigay slurs before beating two men, authorities charged him only with a misdemeanor and said the state's hate crime law doesn’t apply.

Caldwell Police say Villareal and other men started shouting slurs at Eric Reed and Juan Olvera outside Acapulco, a restaurant in town, and then chased them from a plaza to nearby railroad tracks, according to Boise TV station KTVB. There, the victims told police, Villareal allegedly began assaulting them.

The attack left Reed’s lip split and required six stitches.

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Reed and Olvera later sat down with the TV station, where Reed described the fear he experienced during the attack. “I literally felt they were going to kill us for being gay,” Olvera said. “It's a scary thing to live through, and I never would wish this on anyone.”

But police said Villareal won’t face hate crime charges, even though law enforcement officials said they would like to pursue them. That’s because Idaho state law doesn’t cover crimes based on sexual orientation or gender identity as acts of hate.

"We're here to serve the citizens of Caldwell and Idaho, and unfortunately, when we're unable to give them the justice that they feel that they need, under the application of the law, it is frustrating,” Lt. Jeffrey Peterson, a spokesperson for Caldwell Police, told the news outlet.

That’s not the first time the limitation in Idaho’s state law has prevented prosecutors from pursuing hate crime allegations.

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Matthew Alan Lehigh was arrested by Boise Police in 2023 and charged with aggravated assault, malicious injury to property, and arson after a string of crimes that included allegedly trying to drive a car into a gay couple after vandalizing an LGBTQ+ center and a Pride flag at the couple’s home. It wasn’t until federal prosecutors stepped in, however, that Lehigh faced any hate crime charges despite clear evidence of anti-LGBTQ+ motivation.

But despite individuals being victimized based on gender identity and sexual orientation, Idaho’s hate crime statute covers only harassment and targeting of victims based on “race, color, religion, ancestry, or national origin.”

Civil rights groups, including the ACLU of Idaho, have campaigned for years to “add the words” and update the state’s hate crime and non-discrimination laws.