School Bus Driver Charged In Anti-Gay Assault

Jim Burroway

October 16th, 2008

A school bus driver in Bourbonnais, Illinois, has been charged with leading a homophobic attack on a ten year old boy.

Kankakkee Sheriff’s Police Department charged Russell A. Schmalz, 46, with mob action, endangering the life of a child, and battery in connection with an incident in which he taunted the student passenger and encouraged other students to chase and beat the child:

The incident occurred last Friday,” [Chief Deputy Ken] McCabe said, alleging that Schmalz was taunting the boy by calling him “gay.”

“When the boy got off the bus the driver encouraged several other students to go after him and tackle him. Our investigation shows that occurred,” McCabe said.

Investigators are also investigating allegations that Schmalz himself got off the bus and grabbed the boy. Bourbonnais School District officials said the driver has been terminated.

AJD

October 16th, 2008

What a sick bastard, for so many reasons.

Kevin

October 16th, 2008

I’m going to write to the State Attorney in Kankakkee County, John Boyd, and ask that this bus driver be charged under Illinois’s hate crime law.

http://www.co.kankakee.il.us/statesattorney.htm

John Boyd
Criminal Division
Kankakee County Courthouse
450 E. Court St.
Rooms 301-306
Kankakee, IL 60901
Phone: 815-937-2930
Fax: 815-937-3932

Eddie89

October 16th, 2008

What an outrage! A 46 year old man, an elementary school bus driver, engaging and encouraging anti-gay bullying!

Kevin – Thanks for the info. on the State Attorney in IL. I too will be writing off a letter!

California – Vote “NO” on Prop. 8!
Arizona – Vote “NO” on Prop. 102! AGAIN!
Florida – Vote “NO” on Amendment 2!
Connecticut – Vote “NO” on Question 1!

Eddie89

October 16th, 2008

Illinois hate crime law. Here is the link:

Gender identity protected? No
Illinois law explicitly addresses actual or perceived gender under the hate crimes law. As yet, Illinois has not addressed gender identity-based violence under these provisions of the hate crimes law. 720 ILCS 5/12-7.1 (2001).

Sexual orientation protected? Yes
Illinois hate crimes law explicitly addresses actual or perceived sexual orientation. § 720 ILCS 5/12-7.1 (2001).

California – Vote “NO” on Prop. 8!
Arizona – Vote “NO” on Prop. 102! AGAIN!
Florida – Vote “NO” on Amendment 2!
Connecticut – Vote “NO” on Question 1!

paul

October 16th, 2008

Holy crap. That’s where I grew up. There are a lot of good people in that town…but a lot of assholes, too.

FYI, the article you link to currently states “Bourbonnais School District officials would only say the driver has been terminated.”

Eddie89

October 16th, 2008

There is also coverage of this article on the following blogs:

Suburban Lesbian Housewife and Pam’s House Blend

California – Vote “NO” on Prop. 8!
Arizona – Vote “NO” on Prop. 102! AGAIN!
Florida – Vote “NO” on Amendment 2!
Connecticut – Vote “NO” on Question 1!

Kevin

October 16th, 2008

October 16, 2008

State’s Attorney John Boyd
Criminal Division
Kankakee County Courthouse
450 E. Court St.
Rooms 301-306
Kankakee, IL 60901

Dear Mr. Boyd,

Just this week, a Bourbonnais Elementary School District No. 53 bus driver was arrested “for mob action” after he allegedly taunted a 10-year-old student and encouraged others on the bus to chase after the boy.

Mr. Russell A. Schmalz was arrested by the Kankakee Sheriff’s Police Department and is charged with endangering the life of a child and battery. According to Chief Deputy Ken McCabe, Schmalz had taunted the boy by calling him “gay.”

“When the boy got off the bus, the driver encouraged several other students to go after him and tackle him. Our investigation shows that occurred,” McCabe said. Mr. Schmalz also allegedly got off the bus and grabbed the boy he had been harassing.

As I’m sure you realize, Mr. Boyd, this is a heinous act against a child. This child will be scarred for life because of this incident and his pain is sure to cause him a host of emotional and psychological problems. The treatment he was subjected to by an employee of the school district and at the hands of his schoolmates will no doubt affect him and his family’s image in the community as well.

Let’s be clear about what we’re dealing with. This is a textbook example of a hate crime.

This child was targeted because of anti-gay prejudice. Whether this child is gay or not is irrelevant. This child was made a victim because of the virulent anti-gay prejudice Mr. Schmalz demonstrated and encouraged to impressionable school children. Apparently, school administrators at the Bourbonnais Elementary School District do not screen their bus drivers carefully nor subject them to any type of sensitivity training. Part of the responsibility for this heinous crime falls on them as well, and it is my hope that you hold them accountable also.

This child is 10 years old and already he has been subjected to one of the worst kinds of violence we see in our society. Anti-gay violence, if ignored and swept under the rug, will only escalate until the powers-that-be step in and take proactive measures to prevent them. If this isn’t addressed and prosecuted, we will continue to see horrific violence, such as that which took the young life of Matthew Sheppard 10 years ago.

I am calling on you to prosecute Mr. Schmalz to the fullest extent of the law and use your position as State’s Attorney for Kankakee County to engage the Illinois Hate Crimes law (§ 720 ILCS 5/12-7.1) in his prosecution.

Don’t let this heinous crime go unpunished. Justice requires that a victim of a hate crime be treated as such and that his victimizers be sentenced accordingly.

Thank you for your attention to this matter.

Sincerely,

CC: Regional Superintendent, Kay M. Pangle, I-KAN Regional Office of Education

Kevin

October 16th, 2008

Kay M. Pangle, PhD
Regional Superintendent
I-Kan Regional Office of Education
189 East Court Street
Kankakee, IL 60901
815-937-2950

gordo

October 16th, 2008

Hey! I grew up there too. I might add that Bourbonais is the home of Olivet Nazarene College and is a self-contained Bible Belt. The Kankakee area (Kankakee, Bradley & Bourbanais) has not one gay bar that I know of.

Eddie89

October 16th, 2008

WOW! Kevin, your letter was awesome!

Let’s hope that this generates some chatter with the powers that be and that this Schmalz person, I won’t even call him Mr. because he doesn’t deserve it, gets additional prosecution vs. just losing his job.

California – Vote “NO” on Prop. 8!
Arizona – Vote “NO” on Prop. 102! AGAIN!
Florida – Vote “NO” on Amendment 2!
Connecticut – Vote “NO” on Question 1!

G-Puss

October 16th, 2008

Another former K3 county resident, here. The now-defunct “Heroes”in Kankakee was a lovely gay bar until it closed recently. A very nice, small-town community feel and they said they never had any problems with homophobia. That said, growing up queer there was often hellish, especially for a lot of my young male friends.

Eddie89

October 16th, 2008

The full text of the Illinois hate crime law can be found here.

California – Vote “NO” on Prop. 8!
Arizona – Vote “NO” on Prop. 102! AGAIN!
Florida – Vote “NO” on Amendment 2!
Connecticut – Vote “NO” on Question 1!

Tina-cious.com

October 17th, 2008

I am soooooooo glad they are charging him… what a bastard.

I better never run into his ass.

Jim

January 9th, 2009

I live in bradley right next door to Bourbonnais. We did have a gay bar a long time ago called the Wildhair it was on Schuyler in Kankakee.. But it closed. I hear there’s a gay bar further up on Schuyler now but it’s in a bad area.

Ya this area is kinda Homophobic and I think its because most churches don’t have an open mind when it comes to the GLBT community. But I found out that one church here actually lets the local GLBT community have a monthly PFLAG meeting there.

I was shocked and thought that it was about time this lil backwards county got their head outa the sand and starts to realizing that ALL people are Gods children. As a matter of fact the Bible says “let the children come to me” it doesn’t say let only the straight children come to me. And we ARE all children of God. Sop I feel some churches are practicing Hypocrisy not religion.

This area does really need to open their eyes and realize that all people, gay or not, have the God given right to feel safe and accepted. And because of the Declaration of Independence, ALL people are entitled to of life liberty and the pursuit of Happiness

And hate crimes DO NOT allow that pursuit.

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