POSTED: Tuesday, April 30, 2013 - 4:13pm
UPDATED: Tuesday, April 30, 2013 - 4:40pm
EL PASO, TX (KTSM) — An El Paso teen was in court Tuesday facing aggravated assault charges stemming from a May 2011 incident outside of a gay nightclub.
Ivan Gallardo was 17 when police say he and a group of four men kicked and hit Lionel Martinez outside of Old Plantation.
Today, defense attorneys brought up the fact that Gallardo was a 17-year-old freshman in high school, where most teens his age are seniors in high school. They also brought up the victim's rap sheet. Attorneys say Martinez was on parole at the time for aggravated robbery when he was assaulted.
The victim's family was calling this a 'hate crime' because they say the suspects were calling Martinez gay slurs, though he is not gay. Investigators eventually said there was not enough evidence to call the attack a hate crime.
Three of the other suspects were sentenced to 10-12 years in prison. Another suspect, Roman Olvera is awaiting his trial.