UPDATE: The suspect accused of entering a Colorado gay nightclub and opening fire with an AR-15-style rifle, killing five people and wounding 17 others, was charged by prosecutors with 305 criminal counts including hate crimes and murder.
The shooter, who is nonbinary and uses they/them pronouns according to defense court filings, was arrested at the club by police. They have not entered a plea or spoken about the events.
Experts say someone who is nonbinary can be charged with a hate crime for targeting fellow members of the same group because hate crime laws are focused on the victims, not the perpetrator. But bringing a hate crime case to conviction can be difficult, because prosecutors must prove what motivated the defendant, a higher standard than usually required in court.
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