Bar brawl probed as hate crime Posted: Tuesday, Jan 22, 2008 - 09:24:37 am PST By KEITH KINNAIRD News editor
SANDPOINT -- A Bonner County man pleaded guilty Thursday to his role in a chaotic barroom brawl that was investigated as a hate crime.
Adam Michael Sieben abruptly entered an Alford plea to a misdemeanor charge of disturbing the peace midway through his trial in the magistrate division of 1st District Court. Under such a plea, a defendant admits no wrongdoing, but concedes he could be convicted of the offense.
Sieben, 28, was charged after an eight-month investigation into the Dec. 26, 2006, incident at the 219 Lounge. Police were summoned to the downtown nightspot following an altercation which sent two people to the hospital, including the defendant.
The alleged victim in the case, a 50-year-old part-time resident from Portland, Ore., told police he was attacked after Sieben learned that he and his two companions were gay, according to Sandpoint Police reports.
The matter of their sexual orientation arose during a game of pool, when someone in Sieben's group asked about the matching wedding rings he and his 47-year-old partner were wearing.
The victim's companions told police the tone of the game of pool started off as cordial, but turned increasingly hostile, reports said. The couple's 27-year-old companion, also from Portland, told police they began hearing various anti-gay slurs.
The alleged victim maintained the fight erupted when he was shoved to the ground and pummeled by Sieben, police reports said. Witnesses who were with Sieben, who was struck over the head with a pool cue when the fight broke out, asserted someone from the alleged victim's group struck first.
Bar patrons described to police a brief but violent brawl which spilled from the billiard room into the lounge, leaving a wake of overturned tables and smashed bottles.
The fight landed Sieben and the alleged victim's partner in Bonner General Hospital. The alleged victim was also injured and reportedly told police the homophobic taunting continued when the two groups were placed in nearby rooms.
Bonner County Prosecutor Phil Robinson confirmed on Friday his office reviewed the case against Sieben, but concluded it did not meet Idaho's definition of a hate crime. The state's felony malicious harassment law prohibits intimidation based on race, ancestry or religion.
The malicious harassment law does not address sexual orientation.
The case was referred to city Prosecutor Lori Meulenberg, who said the charging decision was due in large part to the numerous conflicting accounts of who did what during the altercation.
"It was a very hard decision to make and it came down to who we thought instigated it," Meulenberg said during Thursday's proceedings.
Sieben's defense counsel, Rex Finney, told Judge Debra Heise the plea had more to do with sparing jurors and the defendant a multi-day trial than conceding the state had a winnable case. Sieben works as a miner in Nevada and flew back for his misdemeanor trial, which are commonly handled within a day.
Heise accepted Sieben's plea and immediately sentenced him to 30 days in jail. The sentence was suspended pending completion of two years' probation, conditions of which include anger management counseling and an alcohol evaluation.
Sieben declined to address the court before he was sentenced.
In written statements to police filed seven weeks after the incident, the alleged victims said they were still shaken by the incident and question their safety in Sandpoint.
"Neither of us feels safe to go downtown, and we do so with a great deal of trepidation," one of the men wrote. "We're wondering if this will ever go away."
Seattle Slut wrote on Feb 9, 2008 6:28 PM:
" What are they doin' in Sandpoint? They should've been partyin' up in Bonners "Fairy". "
Sgt.SMITH wrote on Feb 1, 2008 2:55 PM:
" GOOD DAY TO ALL IN SANDPOINT IDAHO IT HAS BEEM BROUGHT TO MY ATTENTION.THAT SARGE WROTE ON JAN-22-08 AT 1236 HRS.THIS WAS NOT WROTE BY Sgt.SMITH.THAT LIVES ON A-st.UPPER PACK RIVER.I AM A AMERICAN SOLDIER & FIREFIGHTER 'RETIRED'.I HAVE BEEN THRU THE VALLEY OF DEATH.FOR EVERYONE THAT LIVES IN OUR GREAT COUNTRY.IF TWO MEN OR TWO WOMEN.WANT TO SLEEP OR GET MARRY TO EACH OTHER.IT IS THERE RIGHT UNDER OUR FLAG.I MYSELF. I DATE WOMEN.HAVE A SAFE & FUN WEEKEND. Sgt.SMITH "FISH".NORTHMAN VIKING WARRIOR.IN GOD I DO TRUST.DE OPPRESSO LIBER.RIDE & TRAIN HARD.LIVE LOVE LAUGH & SMILE & YES BE HAPPY. FISH AB RECON. STRENGTH & HONOR -OUR WORLD ops 2B47W "
Gerry O'Brien wrote on Jan 28, 2008 11:11 AM:
" It seem like a everytime a person can turned a simple fight into a hate/racial
crime. The main problem I see is that straight people don't try and spot light
their sexual orientation, and when gays bring it to everyone attention, then they should except some reaction, as society still doesn't accept these unnatural acts.
Hate crimes is a trick by inmoral people to corrupt our country and should be taken off the books. "
Travelin' Joe wrote on Jan 25, 2008 1:03 PM:
" Sand Point draws a large part of its income from people who live outside the town (ie.:tourists). Condoning (or, God forbid, supporting!)harassment like this is not only morally wrong, it's economic suicide. Like it or not, beautiful places like Sand Point draw people in who want to share the beauty and spend their money. They should be welcomed, not beaten, if for no other reason than your economy needs them! One of the first lessons you learn in Kindergarten is to play nicely with others, and to celebrate (at the very least TOLERATE)differences. Does the community of Sand Point really want to be known as a place of ignorance, intolerance, and inaction? Violence is never okay, and the publicity that this kind of crime (based on hatred of differences) creates is something that no one can really afford. Who will it be next time? It makes me think twice about coming back on my vacation! "
YOGI wrote on Jan 23, 2008 7:10 PM:
" OK, since it seems my first comment on this article has not been approved I will censor it myself, no names mentioned. Here is the new version:
To "Post Falls": That's the way it works around here- an innaccurate and factually incomplete article is printed, people read it, believe it and make judgements. The content of some of the Bee's articles is at times wrong, absurd and unfair. "
former resident wrote on Jan 23, 2008 10:16 AM:
" Comment about Judge Heise~ she is not the one in the Judicial System that is anti- Jewish. It is the porky one in the prosecutors office that is~ She was right, why weren't more serious charges filed? Ask Porky. "
local girl wrote on Jan 23, 2008 9:45 AM:
" First, let me say that the Daily Bee has lacked real journalists and a real copy editor for as long as I can remember.
Sorry, but it's true.
I know the writers do their best, but they haven't been taught the basics--or if they have, it doesn't show. As for the multiple errors found in every edition, I used to use them to teach my journalism students how to copy edit.
Along these same lines, readers should know that it is typically the policy of most newspapers not to print the names of victims and alleged victims of crimes in order to protect their privacy. They are the victims, after all.
Second, I DO know Adam, and his brother. The "n-word" and "faggot" are two of their favorite epithets. Now, I'm not saying this as an indictment--to hate the haters doesn't make sense.
However and third, as a teacher I constantly tell my students it's almost never OK to hit someone. Obviously this is a lesson that some adults need to learn as well. Unless you or your family are in imminent physical danger, physical confrontation is illegal.
Fourth, knowing Adam and his brother, I can say without a doubt that their favorite pastime is bar brawls. They seek them out, and create them if none are to be found. And again, in the simplest possible terms, hitting is wrong.
This trial isn't about character. From what I know of Adam, he's not necessarily a bad person. This trial is about assaulting someone. It's up to the court to decide guilt.
The great thing about our country is the First Amendment allows individuals to say and write almost anything. You can be a racist, homophobic, bigoted redneck all you want. You can even verbalize it.
But you still can't hit.
One way or another, you beat the hell out of enough people, eventually it's going to catch up with you. "
area citizen wrote on Jan 23, 2008 7:26 AM:
" Nice of the liberal pigs to use this to slander our President, save your ranting for the barter fairs. "
Post Falls wrote on Jan 22, 2008 9:51 PM:
" Obviously none of you know Adam ~ so why waste your time writing comments that won't phase him. You weren't there so how can you think that you know all the facts after reading one column in the paper. It's truly laughable that a bar brawl makes the front page in Sandpoint because its deemed a hate crime, and the only reason it was deemed that is because they were upset they got their butt kicked by some hometown boys. LOVE YOU ADAM!!! "
Gentrification wrote on Jan 22, 2008 9:46 PM:
" I love it. Overtime, the rednecks will be unable to afford to live here and more gays will come. I am straight, but sick of ignorance and psuedo-macho stupidity. Mr. Sieben, have no worries, most of us believe in freedom of the individual. The redneck of whose a** you kicked, are a dying breed, dyning because they are ignorant and lazy to embrace freedom and would rather hide behind outdated laws. "
Resident wrote on Jan 22, 2008 6:49 PM:
" Why weren't the "alleged victims" names listed numerous times in this story? Another one-sided "non-biased" story from the Daily Bee. If gay people want to be accepted as part of "nomral" society, why do they try so hard to point out what makes them different? I don't flaunt my heterosexaul marriage for all to see. Good for Adam-and his friends. "
Rob wrote on Jan 22, 2008 6:24 PM:
" Men with deeply repressed homosexual feelings who are in denial usually either act out their desires by going underground, such as our esteemed Senator Larry Craig, or they project their self-pity and self-hate onto others by using violence, such as Mr. Sieben allegedly did, or by simply making hateful and vaguely threatening comments on a message board, such as Alex. Do us all a favor and come out of the closet, all of you. "
annonymous wrote on Jan 22, 2008 5:58 PM:
" this is a messed up article because i was there that night the only sober non drinker in the bar probably and it was actually those guys that started it and adams brother and friend that did the fighting. for once adam was just an innocent bystander that got the short end of the stick. and it was by far not a hate crime they didnt even know they were gay until after the officers said something... i was at the hospital as well and there room was far away from adams and adams door was closed so maybe you guys need to do a little more looking into things before you publish something like this and get your facts straite.. "
Nasty Ted wrote on Jan 22, 2008 5:10 PM:
" Seems hard to beleive that this could happen in Idaho since we have pro-gay Republicans (and the rest of Republicans that have latent gay tendencies) like Larry Craig around! "
UK wrote on Jan 22, 2008 4:51 PM:
" Sagle Sam, please read the article again. Perhaps this time you will grasp the fact that the judge handed down a sentence appropriate to the crime, disturbing the peace. I attended the trial, and was gratified to hear Judge Heise inquire as to why more serious charges weren't filed. The answer was that none of the players recollections jibed very well, and thus a battery charge would have been difficult to prove. "Doesn't like Jewish people"? Where in the world did you get that notion? Your alternate universe?
The rest of you gay bashers are pathetic losers. "
Sandpoint Native wrote on Jan 22, 2008 4:33 PM:
" If the state doesn't have hate crime legislation, then maybe the city or county should. I am gay and was born and raised here so I'm not a foreigner. I deserve the same rights as any one else in this city. "
Sagle Sam wrote on Jan 22, 2008 3:44 PM:
" We know Judge Heise doesn't like Jewish people. I guess she's not wild about gay people either.It seems a shame to have a judge whose opinions are from the 20th century in office in the 21st. "
former resident wrote on Jan 22, 2008 3:38 PM:
" Nobody is 'safe' in Sandpoint, unless they are very white, very straight and very Christian. Being blond helps but is no guarantee. "
Sergio wrote on Jan 22, 2008 12:47 PM:
" Cuff'em an stuff 'em (preferably with the pool cue) "
Nasty Ted wrote on Jan 22, 2008 12:41 PM:
" That'll teach 'em not to hold their pool cues in a suggestive way! "
Ralph wrote on Jan 22, 2008 12:40 PM:
" Anything that can be done to keep foreigners away is a good thing! "
June wrote on Jan 22, 2008 12:38 PM:
" Good gracious, can the writer please construct a sentence so that the reader is not led to beleive that the disturbance happened mid-way through the trial. This is so basic to journalism. i had to read the first sentence three time to understand what was going on. Is there an editor or anybody proof-reading this paper?! "
Sarge wrote on Jan 22, 2008 12:36 PM:
" I am gay and I hate to see my fellows abused. Good job by the law here. You boys wanna tussle, come find me on the Upper Pack. "
Bob wrote on Jan 22, 2008 12:20 PM:
" Ignorant Rednecks. Gotta luve em.. NOT!! "
Sick of it wrote on Jan 22, 2008 11:47 AM:
" If you don't like gay sex, then don't have it. Don't use some lame religious excuse that it is wrong, because the fool you voted for has murdered 3K US citizens and 100K Iraq's. When he goes to jail, lets all hope he gets to "feel" how gay sex is really like, then he might just decide to keep his violent intolerant lame opinions to himself! Lock him up, make some long term inmate happy to have a new "fellow" around! "
UK wrote on Jan 22, 2008 11:24 AM:
" It should be made clear that this trial was 8 months after the crime because the Sandpoint Police Department failed to complete it's paperwork until threatened with legal action!
Those people were victims of a hate crime. Sieben, his brother, their friend, and the skanky girlfriend (none of whom were charged) were fortunate to not end up doing prison time for this. Scumbags all. "
Alex wrote on Jan 22, 2008 11:02 AM:
" I am glad that homosexuals do not feel safe nor welcome in Sandpoint. Stay out! "
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Seattle Slut wrote on Feb 9, 2008 6:28 PM: