Activists call for justice in death of transgender woman

Joann McFadden sits on the boat before a vigil for her daughter Kenne McFadden, a trans woman who was found dead in the San Antonio river in April in San Antonio, Texas on August 8, 2017. This would have been her birthday. less Joann McFadden sits on the boat before a vigil for her daughter Kenne McFadden, a trans woman who was found dead in the San Antonio river in April in San Antonio, Texas on August 8, 2017. This would have been ... more Photo: Carolyn Van Houten, Staff / San Antonio Express-News Photo: Carolyn Van Houten, Staff / San Antonio Express-News Image 1 of / 176 Caption Close Activists call for justice in death of transgender woman 1 / 176 Back to Gallery

Dozens of people participated in a rally and march Tuesday night at Crockett Park, decrying the lack of justice for Kenne McFadden, a transgender woman whose body was found floating in the San Antonio River last April.

At the rally, which drew more than 50 people, transgender activists criticized the handling of McFadden’s case, which resulted in suspect Mark Lewis, 20, not facing trial in her death.

Lewis, who admitted he pushed McFadden, 26, into the water along the River Walk and was indicted on a manslaughter charge, will not stand trial after prosecutors opted to present their case against him during a probation revocation hearing last week. A judge ruled that the actions of Lewis, who claimed he was defending himself, didn’t rise to the level of criminal conduct that would have violated his probation for failing to register as a sex offender.

Prosecutors said they cannot now proceed to trial on the manslaughter charge because of the double jeopardy rule.

Advocates said the outcome sends the message that McFadden and other transgender people do not matter in the eyes of the criminal justice system. They took issue with Judge Joey Contreras’ decision, as well as prosecutors’ management of the case. Several wondered if the outcome would have been different had McFadden been white and cisgender, pointing out the high rates of violence that black transgender women face.

Lou Weaver, the transgender programs coordinator for Equality Texas, called what happened in the case “an affront to the community.”

“They dismissed the life of a transgender person of color,” he said Tuesday night.

Those gathered marched from the gazebo at Crockett Park up North Main Avenue, an area known as “the Strip” that is home to a high concentration of gay bars and nightclubs. Hoisting signs and flags, they chanted “justice for Kenne” and “say her name.”

In a statement last week, the Bexar County district attorney’s office said it had fought to hold Lewis accountable and secure justice for McFadden and her family.

“Our prosecutors presented compelling evidence that we believed showed that Mark Daniel Lewis was guilty of Manslaughter. Unfortunately, the presiding judge disagreed,” the statement said.

Earlier in the day, about two dozen advocates had gathered for a news conference in front of the Paul Elizondo Tower to call for more education by elected officials about the transgender community and equal treatment under the law.

“We’re hoping that we can take what occurred and move forward in educating our elected officials and educating people on the bench and educating our district attorneys about our community so they can understand who we are and the obstacles that face us and the statistics that face us,” said Emmett Schelling, executive director of the Transgender Education Network of Texas. “We can make sure that this never happens again to any family or any person, because we all deserve equal and fair treatment under the law.”

McFadden’s mother, Joann McFadden, said during a prayer that she forgave Lewis, his attorney and the judge in the case, even as she asked for a fix to an “unjust system.”

“This is not gonna bring Kenne’s life back. But hopefully it can save another life,” she said. Members of the LGBTQ community “have a right to live in this world.”

Monica Roberts, a board member for the Dallas-based group Black Trans Women, said the case was “botched” by prosecutors. She said what happened in the case sent a message that “Kenne’s black life didn’t matter.”

“Far too often, those of us on the short end of the justice stick are people of color,” Roberts said.

Ashley Smith, president of the San Antonio Gender Association, said the justice system did not work for McFadden.

“How do we ensure that what happened to Kenne never happens to anyone?” Smith said. “When the system fails, as it did last week, we need to speak out.”