IDAHO: 28 Year Hate Crime Sentence For Man Who Kicked Gay Man To Death With Steel-Toed Boots

The Associated Press reports:

An Idaho man who pleaded guilty to a hate crime for his role in the death of a gay man has been sentenced to 28 years in prison. Kelly Schneider, 23, was sentenced in federal court Thursday in connection with last year’s death of Steven Nelson, KTVB-TV reported.

The sentence for the hate crime charge of willful assault based on sexual orientation is in addition to a life term Schneider received earlier this month for first-degree murder.

According to court documents, Schneider acknowledged he and three other men conspired to lure Nelson to a remote area after he posted a sex solicitation ad online to meet the victim. The documents say Schneider used steel-toed boots to kick Nelson 20 to 30 times while Nelson begged for his life.

Parole is not available for those sentenced to federal prison.

  • Rick

    Only 28 years?

    • TexasBoy

      *wink wink, nod nod* Well, ya know, the victim was still gay.

      Sadly, this is the mindset of many.

    • AJayne

      In addition to previous life term – raises question, tho – was life term thru state court, with hate crime enhancement only thru federal? So if he is paroled from state, the Feds get to take him next?

      • Rick

        Oh! I didn’t see that. Thank you for correcting me.

      • Lakeview Bob

        I would hope those will be concurrent sentences. You serve the first sentence and then the second.

        • Shy Guy

          That’s consecutive. Concurrent means serving them all at the same time (which I’ve never understood, it’s like ignoring all the other sentences bar the longest).

          • Lakeview Bob

            Yikes. I know better but just wasn’t paying attention. Thanks for the correction.

          • j.martindale

            These are concurrent sentences.

          • Lumpy Gaga

            Your post is only one sentence.

          • j.martindale

            You funny.

          • Adam King

            But it appears on my screen concurrently with your post.

          • Lumpy Gaga

            BAM!

            [let me drop the mic for you]

          • Todd20036

            Not entirely ignored. Lets say the life sentence gets thrown out. He STILL would have to serve the 28 year sentence.

          • vorpal 😼

            I suppose it makes sense on the basis that if, for some reason, one sentence is successfully challenged through an appeal, the others will still stand.

      • Ninja0980

        Yes, if by some chance he has his state sentenced overturn on appeal or something, the Feds will be waiting.

      • ※ Benny Cemoli ✔Gold Verified

        Nope. The way I read it is that the federal prison gets him for 28 years to run concurrently with his life sentence at the state level and after the 28 years is up he is also eligible for parole at the state level. (ie. the 28 years in federal prison also counts as 28 years in state prison and makes this punk eligible for parole). How fucked up is that.

        • AJayne

          “How fucked up is that”? Totally!

  • AJayne

    Good! And thank goodness for fed courts in ID, otherwise this enhancement would not exist…

    • Chucktech

      THIS. My initial reaction was “Hate crime? In Idaho??”

      Wonder how much longer in the Trump administration we’ll have such a thing?

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  • Paula

    I hope it’s a long, eventful, and difficult 28 years.

    • David Walker

      It sounds like life plus 28 years. Even better.

      • Todd20036

        It is. Basically if he ever gets out, he’ll be an old man. And it’s quite possible he’ll die in prison.

        • madknits

          I really don’t have a problem with his dying in prison.

        • Gest2016

          Hope nobody kicks his head in.

          • Silver Badger

            At least not for the first 10 years or so. We want him to have plenty of time to suffer before he goes to his just reward.

      • david fairfield

        For good measure! And I hope he replays his deeds over and over and over while he rots in prison. Scum.

        • Goodboy

          Looking at his face I think he already is. That or WTF just happened.

      • ※ Benny Cemoli ✔Gold Verified

        Nope. The 28 years runs concurrently with his state iife sentence so after the 28 years in federal prison this punk will be eligible for parole at the state level. Because evidently in Idaho life in prison isn’t really life in prison.

    • stanhope

      Hmmm when i talked to Bubba he said they are going to tear the boy cat up 😳

    • Gest2016

      I hope its a brutal one year until bubba shanks him with a toothbrush. Sorry buts thats just how I feel about a “man” who kicked a gay man to death who was pleading for his life.

  • Ian

    What a waste of two lives. Over what? It saddens and angers me.

    • Todd20036

      He wasted his over internalized homophobia. For that, I might pity him.
      But he killed an innocent over it. I don’t care if he’s a fucking sex toy in prison. I really don’t

      • Ian

        I certainly pity his victim, and I think justice was well served today. I am (we are) the beneficiaries of those who are sacrificed (martyred really), in particular Matthew Shepard, to get these Federal enhancements.

      • BobSF_94117

        Where do you get “internalized homophobia”?

  • Lakeview Bob

    Oh goody. I hope his perky little ass gets passed around like a cheese platter.

    • dcurlee

      I’m sure he will…young and tight. Won’t be tight for long though

      • Todd20036

        He’ll probably enjoy it. Anti gay crimes usually coincide with a closeted, religious queer who thought murder would be preferable to gay sex.

    • Robincho

      I suppose one doesn’t go to prison for the cuisine, but this’ll definitely put the crud back in crudités…

    • Todd20036

      I prefer a platter of meats, breads, and fruits with a cheese fondue pot.

      • Adam King

        Mmmm.

  • bkmn

    I hope it is not reduced on appeal. He needs to be locked up for a long time.

    • Todd20036

      Life plus 28 in two separate charges and two separate verdicts.
      He’s not going anywhere any time soon

      • ※ Benny Cemoli ✔Gold Verified

        Chief U.S. District Court Judge B. Lynn Winmill sentenced Nelson’s killer, Kelly Schneider, to 28 years (336 months) in federal prison for a hate crime charge of willful assault based on sexual orientation.

        That sentence will run concurrent with a life sentence for first-degree murder; Schneider will spend at least 28 years behind bars before he’s eligible for parole.

        “He has to serve in state court 28 years in prison before he’s eligible for parole. Then he goes before the parole board, they determine whether to release him or not,” Criminal Chief with the U.S. Attorney’s Office for the District of Idaho, Aaron Lucoff, told KTVB, “In federal court, there is no parole, there’s no parole board. It’s just 28 years, you serve it. There’s a credit for good time served.”

        After serving time in federal prison, Schneider will serve five years of supervised release. He must also pay a $5,000 fine. His defense attorney asked that he serve his time in Victorville, Calif.

        The way I read that is that he’ll serve his 28 years in federal prison concurrently with his state life sentence for murder and then will be eligible for parole at the state level at the end of the 28 years. Evidently in Idaho life in prison only means 28 years and not life. How fucked up is that.

        Source:
        http://www.ktvb.com/news/crime/nampa-man-sentenced-for-hate-crime-in-death-of-gay-man-at-lake-lowell/434465084

        • BobSF_94117

          Why will he serve in a federal prison when he’s been convicted by a state court?

          • ※ Benny Cemoli ✔Gold Verified

            Because the state convicted this punk of murder and gave him a life sentence but it was federal court and federal hate crime law that got him the 28 year hate crime enhancement. And that is to be served in federal prison concurrently with his state sentence.

          • BobSF_94117

            That doesn’t really answer the question. You can’t serve two sentences in two different places. Each is being served concurrently with the other. If he’s in federal prison, he’s also serving his state time. If he was in state prison, he’d also be serving his federal time.

            I don’t particularly like it that federal tax dollars are going to pay for this paragon of ID citizenry.

          • ※ Benny Cemoli ✔Gold Verified

            That doesn’t really answer the question. You can’t serve two sentences in two different places.

            The state sentenced him to life first. Then the federal government stepped in and got a hate crime enhancement of 28 years to run concurrently with his state sentence. Federal sentences are carried out in federal facilities (not state facilities). So he will be transferred to a federal facility to serve 28 years (no parole) concurrently with his state sentence of life in prison. So yes, the 28 years counts to both. That’s what “concurrent sentences” mean. He’s serving both sentences at the same time. That there is a jurisdiction change (state/federal) just makes it seem more confusing.

            Now if the federal judge had sentenced him to a consecutive sentence the whole thing would be different. But the judge didn’t. And here we are.

            Each is being served concurrently with the other. If he’s in federal prison, he’s also serving his state time. If he was in state prison, he’d also be serving his federal time.

            No. He’s serving a state life sentence while also serving a 28 year federal sentence. In that order. And the federal sentence is completed in federal prison. State/federal, two different jurisdictions. And yes, the time he spends in federal prison counts towards his life sentence in state prison. Because he’s still serving his state life sentence while also serving the federal sentence. That’s what concurrent sentences mean. You are serving both sentences at the same time.

            I don’t particularly like it that federal tax dollars are going to pay for this paragon of ID citizenry.

            Neither do I. But that’s the way the legal system works sometimes when dealing with two different jurisdictions.

          • BobSF_94117

            I am not confused by the term “concurrently”.

            I did some reading and it’s not typical for a prisoner to go to a federal prison in a case with both state and federal sentences, not if that case started in the state. It can happen for a variety of reasons, but the default is that the prisoner serve the concurrent sentences in the state prison (and is transferred to the federal system after his state term is over, if the federal one is longer).

            On a positive note for non-Idaho taxpayers, sometime the state pays the federal authorities to house the prisoner in federal prison when serving concurrent sentences, at least until his state sentence is fulfilled.

            All in all, given a choice, most convicts would prefer federal prison. It’s not as bad as those in most states.

            oops… some info on this can be found in “INTERACTION OF FEDERAL AND STATE SENTENCES WHEN THE FEDERAL
            DEFENDANT IS UNDER STATE PRIMARY JURISDICTION”

            https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=0ahUKEwiFrqbS0MfTAhVLOyYKHWxuADoQFgg4MAM&url=https%3A%2F%2Fpaw.fd.org%2Fpdf%2Fbop-interaction-fed-state-sentences.pdf&usg=AFQjCNEVcbwXzhauq8wPXImWgdCNBdPCmw&sig2=vnrG-Z2ZZD1MC9ylFdAjEg

    • Goodboy

      I bet he’ll come out as gay. Nothing to lose now.

  • Ragnar Lothbrok

    Suffer you stupid hateful little fuckwad piece of shit.

    • Todd20036

      I love it when you talk dirty!

  • safari

    O/T: Rex Tillerson — Given a war rhetoric and increasing capability from NK, the policy of strategic patience is over. We must impose increased pressures on the NK regime to end its unnecessary nuclear program. The goal is not regime change or destabilization.

    Starting today, the US requests:
    1. UN member states must implement the resolutions they’ve passed.
    2. Countries must suspend or downgrade relations with NK.
    3. NK’s financial isolation must be increased.

    https://www.youtube.com/watch?v=CJL324wo3GY

    • safari

      And we will use military action if necessary if NK does not comply.

      • Cucker “Dick” Tarlson

        They’re willing to end the world to avoid an investigation.

    • Tawreos

      Mostly these sanctions will hurt the people of NK and not the leaders of NK. As long as that is the case they will never change.

      • Todd20036

        Well, the GOP is known for hurting the little people, and not the 0.01%

      • safari

        I think the executive summary is comply or be destroyed shortly.

        • Ross

          Resistance is futile.

    • Stev84

      There isn’t really much room for downgrades

      • BobSF_94117

        There is for China. They were already doing it in concert with Obama administration plans. Trump wants them to accelerate.

        It might work. It might get a lot of people killed. But, either way, it’ll be “presidential”.

  • Sam_Handwich

    o/t

    Obergefell oral arguments at SCOTUS were two years ago today 🙂

    https://twitter.com/evanwolfson/status/857968608793833472

    • Ninja0980

      How scary to think we could lose those rights in the near future.

      • Ross

        Our lives, too.

    • Adam King

      Mary’s so beautiful.

  • WHAT HAPPENED

    Before he died, Nelson gave investigators a detailed description of one of the attackers and of the events that left him battered, naked and robbed of his possessions. Four suspects were arrested later Friday and are being held without bail.

    Kelly B. Schneider, 22, Jayson C. Woods, 28, Kevin R. Tracy, 21, and Daniel A. Henkel, 23, were arraigned on first-degree murder, robbery and other charges in a Canyon County courtroom Monday afternoon. Henkel lives in Wilder; the other three list Nampa addresses.

    Canyon County Sheriff Kieran Donahue said Nelson used the Internet site Backpage.com to seek out a sexual encounter, arranged to meet one of the suspects and planned to pay the suspect for sex.

    According to court documents, Schneider met Nelson at the Caldwell Wal-Mart and had him drive to a deserted spot at the Gott’s Point area of Lake Lowell. Schneider allegedly then pushed Nelson to the ground and kicked him multiple times, seriously injuring him.

    “He was the one who kicked Mr. Nelson again and again with steel-toed boots,” Deputy Canyon County Prosecutor Chris Boyd said during Schneider’s arraignment.

    Woods placed the Internet ad offering sexual services that Nelson responded to, and he is accused of helping Schneider as he robbed and beat Nelson. Tracy and Henkel are accused of hiding nearby in case Nelson put up a struggle and Schneider needed more muscle.

    Schneider is accused of taking Nelson’s wallet, car keys and 2006 Chevrolet Impala, along with all of Nelson’s clothes, Boyd said. The assailants forced Nelson to give them the PIN for his debit card, which was later used to withdraw cash from an ATM.

    Barefoot, naked and badly injured, Nelson reportedly made his way down the dirt and gravel road out of the Deer Flat National Wildlife Refuge, trying to seek help at nearby homes. Residents called law enforcement about 5:45 a.m., concerned about a naked man knocking on doors.

    Nelson was taken to a local hospital, bleeding from the ear and with what appeared to be broken ribs, according to court documents. He died of cardiac arrest a few hours later.

    After speaking with Nelson, investigators identified and arrested Schneider by comparing his tattoos to a photo in the Backpage.com ad. They located the others with the help of a woman who called the sheriff’s office to say her SUV had been used to drop Schneider off at the Wal-Mart. The woman said Woods had held her inside the SUV, “driven her around and forced her to perform sex acts with random men for money,” according to an affidavit filed in court; she was in the vehicle for the trip to Wal-Mart.

    Prosecutor Boyd alleged that Schneider had lured and beaten other victims “many, many times before.” He called the beating of Nelson “particularly brutal.”

    Read more here: http://www.idahostatesman.com/news/local/crime/article75245712.html#storylink=cpy

    • Oh, Parker

      Nothing good ever comes from a trip to Wal-Mart.

      Oh, and I sincerely hope they all rot in prison forever, though people like that rot wherever they are.

      • 3-Star

        You beat me to the Wal-Mart comment. I was thinking the same thing as I read the article. LOL

        • Piernudo15

          I have seen many cl ads by guys wanting a blowjob in a walmart parking lot. Gross!

    • Ragnar Lothbrok

      Sick fucking punks

    • safari

      Truly sickening.

    • Ninja0980

      Evil POS.

    • whollyfool

      They have done this before. The heart boggles. 🙁

    • BobSF_94117

      Idaho, where everyone is so neighborly and nice that a broken, naked man has to go from door to door at 5 A.M. to get anyone to help him… and nobody does except to call the cops.

      • 3-Star

        At least they called the cops. I’m guessing that was because it happened at their home. They probably would not have bothered to call if was on the Wal-Mart parking lot.

        • BobSF_94117

          I get why people are afraid to open the door, but call the cops and tell the poor man that help is on the way.

        • Alex in Idaho

          Also worth noting: certain people use that area in the NWR as a “party place” and I too would have called the cops and maybe hesitated to let him in (he could be out-of-his-mind high on whatever)

      • Silver Badger

        Yet they claim to be “good christians”.

      • eric dumptee

        they call the cops? they’re MILES ahead of gen populace of NC ,SC…

      • Alex in Idaho

        There are NOT many houses nearby; this is a National Wildlife Refuge (one of my favorite birding places) and the land surrounding it is mostly rural and just now starting to get housing developments. The nearest house is 0.8 mile away, and I have no idea which direction he went to get help; if not east, it would have been a longer way.

        • BobSF_94117

          The news report that I read said he stopped at multiple homes and they used the plural to describe who called the police, “residents”.

          I suppose it might have been two. Seems unlikely the report would phrase it the way they did, though.

    • Goodboy

      “Schneider had lured and beaten other victims “many, many times before.” He called the beating of Nelson “particularly brutal.”

      Wow. This shithead is a true life monster.

    • Charlie In SF

      Thank you posting this.

  • Skokieguy [Larry]

    From the article: “The sentence for the hate crime charge of willful assault based on sexual orientation is in addition to a life term Schneider received earlier this month for first-degree murder.”

    With a life sentence, was the hate crime statute that applied here of any real benefit?

    • Bad Tom

      He ain’t never gonna get out.

    • Ninja0980

      Yes, since it’s a federal charge.
      On the off chance his life sentence in state court is overturned, this ensures he won’t be going anyway.

      • Skokieguy [Larry]

        So he could, on appeal, be found not guilty of murder, but still remain guilty of the hate crime and still serve prison time, even if a life sentence? Okay, a good thing, thanks for explaining.

  • dcurlee

    Of course there is no real justice for a life lost but this is a good start

    • Bad Tom

      Prevents any more lives being lost. This fucker’s actions were his business model.

  • david fairfield

    Well I say we get a couple of wranglers and beat the shit outta him…. https://uploads.disquscdn.com/images/8dfa18d9f4e2ab5aae85fc0917d75101e8ed8a24642e9709266f736382bc98ee.jpg

  • William

    Murder was probably his only way to deal with his own same sex desire.

    • Gigi

      Which is sad on so many different levels.

    • Goodboy

      That level of violence show’s him to be gay @ 100%. Just extremely fucked up.

      • ChuckLikesToCanuck

        Hardly. RE: The former. Totally agree with the latter.

    • ChuckLikesToCanuck

      No, it was probably his only way to make money–stealing wallets is all you can do when you have no real skills… or intellect or potential or charisma or anything about one that could serve a constructive purpose.

  • Bad Tom

    He looks sad.
    Good.

    • Steverino

      He has that “shit, am I fucked” look on his face.

      • pj

        he is fucked. good.

    • Chucktech

      If he had any sense he’d look scared.

      • Bad Tom

        He is about to have sense pounded into his thick skull.
        Good.

  • Hope his cell mate is Long Dong Scum.

  • Yalma Cuder-Zicci

    The mastermind of this plot against Steven Nelson, Jayson Woods, got the same sentence of 28 years for the murder, but no mention of a hate crime charge against him. That should be applied to him as well.

    http://www.idahostatesman.com/news/local/crime/article143967274.html

  • Ninja0980

    Icing on the cake in addition to the life sentence he is serving for state charges.

    • Adam King

      It was in addition to life in prison.

  • madknits

    Couldn’t happen to a nicer POS.

  • stanhope

    Well now he will know the touch of other men for 28 years….he can take comfort in knowing after the first week they use lube.

    • Tor

      I think he got 28 years in addition (hate crime) to a life sentence (first degree murder)….

  • The Sentinel

    “Parole is not available for those sentenced to federal prison.” You learn something new every day.

    • Ninja0980

      Nope, you have to serve at least 85% of your sentence before you can be released.

  • JWC

    he will be released as an old man Good

    • Jerry Kott

      you are being too optimistic.

    • Macbill

      52 years old is hardly an “old man”. He needs an additional 20 years.

      • JWC

        52 years in prision is a long time but you are right forever would not be long enuff

      • Tor

        I think he got 28 years in addition (hate crime) to a life sentence (first degree murder).

  • BobSF_94117

    It doesn’t change anything, but at least he appears to feel remorse.

    Schneider apologized to Nelson’s family during his sentencing Wednesday and told the judge he deserved an even longer sentence.

    Read more here: http://www.idahostatesman.com/news/state/idaho/article147134599.html#storylink=cpy</i

    • KnownDonorDad

      Real remorse would be honorable suicide. I know that’s harsh, but I believe certain crimes are unforgivable.

  • Vodka is a food group

    Sorry, prison is too good for the scum…. he should be put down like a rabid animal

  • Tiger Quinn

    I hope each of these monsters is slowly kicked to death, realizing what’s happening to them every step of the way.

  • People4Humanity
  • Frostbite

    Don’t worry. Trump will pardon you. 🙁

    • Treant

      Fortunately, no. The guy isn’t a billionaire, can’t donate anything appreciable to the “inauguration fund,” and isn’t a TV personality. There’s nothing in it for Trump, so the guy will be left to sit and rot.

      • Frostbite

        Hmm. You’re probably right. But if Trump is out of office Pence certainly will.

        • Treant

          Maybe. Pence has so little political capital it’s ridiculous, however.

  • Blackfork

    Good. Send up about 10 million more.

  • Treant

    So he absolutely can’t be released before the age of 46 or so. I suppose that’s something, and I’m not sure how that sums with the life sentence, so I’m desperately hopeful he’s not out before he’s too old to kick anybody else to death.

  • ColdCountry

    Consequences! Who knew they could be such a bitch?

  • Boreal
    • KnownDonorDad

      I imagine this hurts a lot less than being kicked to death by steel toed boots.

    • Silver Badger

      Too quick. To merciful.

  • Waarki

    May he suffer the curse of Cain

  • Natty Enquirer

    Homophobia claims one life and ruins another. I wish the people who taught Schneider to hate himself and others could go to prison with him.

    • KnownDonorDad

      Alas, a lot of them are the professional bigots who get rich, or at least support themselves quite comfortably, off of this.

  • canoebum

    This is the handy work of Tony Perkins, Bryan Fisher, Peter Sprigg and all their ilk. The blood is on their hands as well. They should be doing the same prison time, after all, this guy may have kicked a gay man to death, but they laced up his boots.

  • Silver Badger

    May his prison experience be long, painful and full of fear.

    • DenCo

      and pain in the rear

  • KnownDonorDad

    He’ll be 51 when he gets out. Not long enough.

    • SoCalGal20

      No he won’t. This is an additional sentence. He already has a life sentence for first degree murder in this case. This sentence is for the hate crime part.

      • KnownDonorDad

        Thank you for the correction. That makes sense.

  • Silver Badger

    Speaking of murderers, does anyone know how prison is treating Matthew Shepherd’s murderers?

  • Mr. M

    Kind of off topic, what’s new with Kathryn Knott these days?

  • labdad95

    Kelly is going to be super popular in gen-pop.

  • Sashineb

    Twenty-eight years? It should be 128.

    • CatCope

      Maybe, kell, Karma & Schadenfreude will be your cell mates. Always around, looking out for you!

  • JCF