Allen
R. Schindler Jr., 22, of Chicago Heights, Illinois, was serving as a radioman
on the amphibious assault ship U.S.S. Belleau Wood, in the Navy
in Okinawa, Japan. He was brutally murdered on October 27, 1992 by two shipmates
in a public toilet in a park in Sasebo, Japan. Airman Apprentice Terry M. Helvey
and Airman Charles E. Vins beat, kicked and stomped Schindler to death because
he was gay. Their attack was so vicious that they destroyed every organ in Schindlers
body. He was so badly beaten that the Navy pathologist described his injuries
as more consistent with a high-speed automobile accident or low-speed
airplane crash. His liver contained holes that allowed me (the pathologist)
to see straight through it. His mother, Dorothy Hajdys-Holman, could only
identify her son by the remains of a tattoo on his arm.
What follows is the testimony of Airman Charles E. Vins before a U. S. Navy
court:
As we left the bar . . . Helvey noticed another sailor off our ship, Allen
Schindler, walking by himself in front of us. I would have to say Schindler
was no more than ten yards in front of us. In fact, the way he was walking,
he must have passed the bar he came out of just prior to our departure. When
Helvey saw him he said something to the effect, Lets go fuck with
him. I cannot recall if I responded to his statement, as it was not a
question, it was more like a statement he made. At which time . . . we walked
behind Schindler to see where he was going. I do not recall everything we said,
but we were just wondering where he was going, who he might be meeting and why
he was off the ship. We knew he was on restriction for confessing to be a homosexual
and was being kicked off the ship. I was just going by what Helvey told me a
week prior. I do not actually recall how it came up or where we were, but I
think it was in the galley. Helvey told me that Schindler was a homosexual,
but he did not get into details about Schindlers homosexual conduct. I
think at this time I should bring up the fact that Helvey has made no attempts
to hide the fact that he dislikes homosexuals, and when he said he wanted to
fuck with Schindler, I felt in my mind that he wanted to beat him up. Although
he never came out and said that, I believed it to be so just by the way he acts
and the things he has told me. He talks about kicking homosexuals asses
a lot. But I think it should be said he talks about doing that to all kinds
of people. Anyway, we both followed Schindler for a while. He walked in a horseshoe
pattern from the city across a bridge to the Albuquerque park. As we were following
him, we lost him for a second around by some bushes, but Helvey later pointed
in the direction of a bathroom and said he walked in there. The next thing I
knew (I say we were about ten to fifteen yards from the bathroom), Helvey takes
off and runs into the bathroom. I would say Schindler was already in the bathroom
for about forty seconds. I did not run, but I was in the bathroom within a couple
of seconds after Helvey. As I entered the bathroom I could see that Schindler,
who had his back to me, was urinating in one of the urinals. I did not actually
see this. I am just assuming thats what he was doing. At the same time
I saw Helvey (he too had his back to me). He was standing at the urinal right
next to Schindler pretending to go to the bathroom. He had his right hand clenched
into a fist over his head as if he was getting ready to punch Schindler. Again,
I did not actually see that he was just pretending to be urinating. I just got
that impression by the way he was standing with his fist in the air. The next
thing I knew I saw Schindler look toward Helvey. It was more a look as if he
felt someones presence next to him and wanted to see who it was. Thats
all he did. I did not see them talking to each other. I did not see Schindler
expose himself to Helvey. And I did not see Schindler attempt to touch Helvey.
As soon as Schindler looked in Helveys direction, I saw Helvey come down
hard with his fist and strike Schindler in the face. Schindler fell hard to
the floor immediately. As soon as Helvey struck Schindler he bent down over
his (Schindlers) head and got him into a head lock and held his neck tight,
choking him, for a few seconds. When Helvey had Schindler in the choke hold,
Schindler, in what appeared to be an instinctive move, placed his arms up around
Helveys head in an attempt to try to break free from his grasp. At the
same time, but I am not sure, I think I saw Schindler bite Helveys arm.
I say this because Helvey yelled . . . Helvey said something to the effect that,
The son of a bitch bit me. When Helvey yelled I kicked Schindler
in the head with the bottom or heel of my right foot. I do not know exactly
where I struck him, but it was somewhere between his forehead and the top of
his head. I did not kick him that hard, just hard enough so he would release
his grip from Helvey, which he did. When Schindler released Helvey, Helvey also
released the choke hold he had on him. At that time, Schindler was still conscious
and in a crouched position on his feet. I looked down on him and thought he
was going to come after me. So using the toe of my right foot I kicked Schindler
on his right side. He did not fall backward, so I believe I kicked him in the
same manner and same location two more times . . . After the third kick, I felt
Helvey put his arm out and touch me and call out my name Chuck,
at which time he kicked Schindler in the head. With that kick, Schindler fell
onto his back. Schindler was still conscious at this time. After that, Helvey
just continued to kick Schindler. It looked like he was kicking a soccer ball.
I kept hearing thuds every time he kicked him. He then started working his way
down. I would have to say Helvey kicked Schindler to the right side of his head
at least five to ten times real hard. Blood was all over the place. His face
was covered with blood. Helvey then started down and began to kick and stomp
on Schindlers chest and torso . . . I could not tell you how many times
he kicked and stomped on his chest, but it was several. It lasted for at least
thirty seconds. The last thing he did before I left was I saw Helvey stomp on
Schindlers throat. He stepped on his throat very hard and then put all
his weight on it. Although I did not attempt to stop Helvey after my involvement,
I do not feel I was responsible for Schindlers death. None of the blows
I struck Schindler with were, in my opinion, life-threatening, or caused his
unconsciousness. I think that is why Helvey is taking the blame for the death.
He knew my part was limited to just a few blows. He knows he caused the most
severe damage and killed Schindler. During the time I was watching Helvey, I
do not know exactly how I was standing. I just know I stood by and watched.
Helvey is now serving a life sentence in the military prison at Fort Leavenworths
Disciplinary Barracks, Kansas, although by statute he is granted a clemency
hearing every year. In addition, he will be eligible for parole in the year
2002. Helveys accomplice, Charles Vins, was allowed to plea bargain and,
charged with simple assault, served only a seventy-eight day sentence. He was
released on February 2, 1993 and received a general discharge from the Navy.
Not coincidentally, Allen Schindler was murdered shortly after Presidential
Candidate Clintons highly publicized and ultimately false promise to the
gay community that he would sign an executive order allowing gays to openly
serve in the military. What Clinton effectively had done was to create an atmosphere
of virulent hatred toward gays in the armed services; his subsequent Dont
Ask, Dont Tell policy led to more anti-gay witch-hunts in the eight
years of his administration than in the previous two hundred years of U.S. military
history. The same day as the murderers verdicts, Senator Sam Nunn voiced
opposition to a proposal that would allow gay soldiers to be open about their
sexuality off base. He feared it would provide them a safe haven
from military life.