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Case Number: 4:21-cr-00193-BCW
Judge: Brian C. Wimes
Court: United States District Court for the Western District of Missouri (Jackson County)
Plaintiff's Attorney: United States Attorney’s Office
Description: Kansas City, Missouri criminal defense lawyer represented defendant charged with committing a hate crime by shooting a local teenager eight times in an attempted murder that was motivated by the victim’s sexual orientation.
Malachi Robinson, 26, pleaded guilty to one count of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Robinson, who has been in federal custody since he was indicted by a federal grand jury on Aug. 10, 2021, will remain in federal detention until his sentencing hearing, which has not yet been scheduled.
Robinson admitted that he shot the victim, identified in court records as “M.S.,” approximately eight times with a Taurus 9mm pistol in an attempt to kill him because of his sexual orientation, causing life-threatening injuries.
“Violence against others, motivated by hatred of their sexual orientation, is unacceptable,” said U.S. Attorney Teresa Moore of the Western District of Missouri. “Such callous disregard for the life of a teenage victim, gravely wounded in a failed murder attempt, must be challenged by a commitment to protect the civil rights of all our citizens. When those rights are threatened, the Justice Department will act to hold the violators accountable.”
“As today’s plea indicates, any act of violence motivated by bias, hate or discrimination toward anyone is not only reprehensible but will not be tolerated by any law enforcement agency and is unwelcome in our country,” said Special Agent in Charge Charles Dayoub of the FBI’s Kansas City Field Office. “Every individual has the right to live without fear of being attacked or harassed regardless of their sexual orientation. The FBI is committed to protecting those rights and will aggressively investigate those who violate them.”
“This defendant is being held accountable for violently attempting to end the life of someone because of his sexual orientation,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This attempted murder is a reminder that hate crimes against the LGBTQI+ community are real and must be confronted. Violent acts targeting people based on their sexual orientation are heinous crimes that have no place in our country. The Justice Department will continue to use our civil rights laws to pursue justice for survivors and others impacted by bias motivated crimes.”
According to today’s plea agreement, after a chance meeting at the Kansas City Public Library on May 29, 2019, Robinson and M.S. talked briefly over Facebook Messenger before leaving the library. Robinson then walked with M.S. in the Swope Park area under the guise of looking for a place to engage in a sex act. Around the same time, Robinson wrote separately to his girlfriend that he “might shoot this boy” because of his sexual orientation. When Robinson and M.S. ultimately entered a wooded area nearby, Robinson pulled out his pistol and fired repeatedly at M.S.
Robinson fled through the woods toward his apartment building, and continued to engage in attempts to avoid detection or arrest. Later that day, and in the days that followed, Robinson told others that he shot M.S. because of his sexual orientation.
Under federal statutes, Robinson is subject to a sentence of up to life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Dave Ketchmark with the Western District of Missouri and Trial Attorneys Shan Patel and Eric Peffley of the Civil Rights Division of the U.S. Department of Justice. It was investigated by the Kansas City, Mo., Police Department and the FBI.
HATE CRIME - INCLUDING KIDNAP OR ATTEMPT TO KIDNAP, SEXUALLY ASSAULT, OR KILL
VIOLENT CRIME/DRUGS/MACHINE GUN
Outcome: 07/07/2022 24 Minute Entry for proceedings held before District Judge Brian C. Wimes: CHANGE OF PLEA HEARING held on 7/7/2022. Plea entered as to Malachi Robinson (1) Guilty, Count 1. Time in court: 11:05 am to 11:25 am. To order a transcript of this hearing please contact Denise Halasey, 816-512-5657, firstname.lastname@example.org. (Diefenbach, Tracy) (Entered: 07/07/2022)
07/07/2022 25 NOTICE OF HEARING as to Malachi Robinson. This is the official notice for this hearing.
Sentencing set for 12/15/2022 10:30 AM in Courtroom 7D, Kansas City (BCW) before District Judge Brian C. Wimes.
Sentencing Memorandums shall be filed on or before December 5, 2022 and DO NOT require a motion for leave to file under seal. Letters of reference should be attached to the sentencing memorandum at the time of filing.
Signed on 7/7/22 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) (Entered: 07/07/2022)
07/07/2022 26 PLEA AGREEMENT as to Malachi Robinson. (Diefenbach, Tracy) (Entered: 07/07/2022)