Metro Weekly

Police Charge York Man for Strangling Drag Performer

Police say the assault targeted victims for their perceived sexual orientation and gender expression, but it is not being prosecuted as a hate crime.

Sible Sible Stackhouse
Sible Sible Stackhouse

Police in York, Pennsylvania, have arrested 22-year-old Devin Harbaugh on charges of aggravated assault and strangulation. He is accused of choking a drag performer outside Gift Horse Brewing Company on August 22 in an attack that allegedly targeted three people for their perceived sexual orientation and gender expression.

According to police affidavits, Harbaugh and the victim — identified as drag performer Sible Sible Stackhouse, known to friends as Vayne Disharoon — were both at Gift Horse that night when an altercation broke out between their friend groups.

Later that night on North George Street, Harbaugh ran up behind Disharoon, grabbed their neck, and slammed them to the ground.

“Harbaugh holds [victim] in a choke hold for approximately 11 seconds,” the affidavit reads. “[Victim] appears to go completely limp/unconscious for 17 seconds. During those 17 seconds, [victim] appears to shake or convulse.”

Witnesses broke up the altercation, and both Harbaugh and Disharoon were treated for injuries at a hospital.

Brady Pappas, a friend dining with Disharoon that night, wrote on Facebook that a group of patrons hurled anti-gay slurs as they left the bar, yelling, “If you wanna dress like women, act like women.” He said the group chased them into the street, where one man attacked Disharoon, threw them down, and choked them until they lost consciousness and began seizing.

Pappas said he and another friend tried to pull Harbaugh off Disharoon until a Gift Horse employee restrained him. He added that the attackers blamed the victims, using “because they’re gay” as an excuse, and that officers initially dismissed their account, charging both Harbaugh and Disharoon with disorderly conduct.

Police initially made no arrest, but after Pappas’s post drew media attention, York City Police Commissioner Michael Muldrow ordered a review of the case, meeting with officers, reviewing surveillance footage, and interviewing witnesses and victims.

Police made no initial arrest, but after Pappas’s post drew media attention, York City Police Commissioner Michael Muldrow ordered a review of the case.

“ANY incident where ‘Hate-Fueled Violence’ is alleged (in this community) will ALWAYS be a priority to myself, this Department, and York City Government as a whole,” Muldrow wrote on Facebook.

Police later compiled evidence, including surveillance footage, and filed charges against Harbaugh with York District Attorney Tim Barker. The assault is not being prosecuted as a hate crime, since Pennsylvania law does not cover LGBTQ people, according to Clare Twomey, executive director of the York City Human Rights Commission.

“In Pennsylvania, hate crime is classified as intimidation,” Twomey told NBC affiliate WGAL. “It only covers four categories: race, color, ethnicity, and religion. There is no hate crime jurisdiction for LGBTQ or other groups. That being said, it’s not within the DA’s purview to pursue hate crime.”

Twomey is calling on Pennsylvania to expand its hate crime law to cover additional communities, including LGBTQ people.

Twomey has called on Pennsylvania to expand its hate crime law to include additional communities, including LGBTQ people.

“The incident, while regrettable, was not motivated by bias or prejudice toward anyone in the LGBTQIA+ community,” Harbaugh’s attorney, George Marros, told WGAL.

Gift Horse Brewing Company denounced the attack on Facebook, calling it a “disgusting act of hate.”

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