While no new charges have been filed in the investigation of a highly charged and potentially hate related altercation between six men in Rehoboth Beach Aug. 7, there have been several recent developments.

Rehoboth Beach Police Chief Keith Banks said Aug. 24 that the investigation should be concluded within a week and the department will forward their findings to the Delaware Attorney General’s Office for legal review because of the extremely sensitive nature of the incident.

Banks reported that additional eye witnesses have come forward with testimony concerning the late night fight between three straight men and three gay men near Christian Street and Scarborough Avenue. RBPD detectives have re-interviewed four of the six men involved.

"With an ongoing investigation it is inappropriate to speculate and any new charges will be made at the same time when the case is closed. This investigation remains a high priority," said Banks, who confirmed that to date the only standing criminal charge is against Rehoboth resident Vincenzo DiDomenicis—one of the straight men—for disorderly conduct.

While he has declined to comment, by all recorded accounts, DiDomenicis was the initial and primary aggressor. As what apparently began as a verbal taunting including vulgar slurs against homosexuals escalated into a physical assault, DiDomenicis and two friends pulled lead pipes from their vehicle parked nearby.

In addition to the continued police investigation of any criminal activity, one of the gay men severely injured in the fray has consulted both his attorney and the American Civil Liberties Union (ACLU) to pursue civil charges. Matt Beireschmitt, a senior at Rutgers University in New Jersey and a regular to Rehoboth Beach, suffered the most injury during the quarrel. Speaking through the wires which hold his broken jaw in place, Beireschmitt said he is anxiously awaiting the RBPD report concerning the disconcerting events. "I am definitely proceeding with the civil suit. I have been advised by my lawyer and the ACLU to wait for the final police report and then we will take further action," said Beireschmitt on Aug. 24.

Delaware ACLU Executive Director Drew Fennell said the organization will facilitate negotiations and provide guidance to both the alleged victims and the investigators if requested.

"One of our concerns is to be certain the case is adequately investigated by the Rehoboth police.

So far, the reports do not seem to reflect appropriate charges being made," said Fennell, noting that there are outstanding answers to questions about the motivation of the crime(s) and the police conduct at the scene. For example, the lead pipes were not taken in as evidence. Among the many overt concerns being raised is the possibility that the three gay men became equally aggressive and perhaps should have ignored the scoffing provocation of the the straight men.

"I am a very conservative person and I don’t want to ascribe to a victim mindset. At the same time I feel I have a responsibility to see this through and have them held accountable for their actions," said Will Hiley, one of the gay men involved who suffered a fractured finger and black eye. Hiley, a Washington D.C. resident, said he remained in his vehicle, which had been repeatedly kicked by DiDomenicis, until he saw Matt Beireschmitt bloody on the ground.

"At that point I did chase them because I wanted to detain them for the police," said Hiley. Hiley chased the men across a parking lot to Scarborough Village where two of the straight men reportedly reside, as onlookers phoned the police. According to Hiley, who Chief Banks said is regarded by the police as a very credible witness because of the consistency of his story, he was attacked by all three men with the lead pipes. "I am a former Marine so I have been trained to defend myself. That does not make me the criminal. Had it been an older person or a less strong person we would have a different ending to this attack. Do they need a dead body to qualify this as a hate crime?," said Hiley.

Drew Fennell agrees, "The law does not require Ghandi-like restraint. You are entitled to defend yourself and entitled to police protection regardless of your formidable height or strength or size," said Fennell.

As the first openly gay Rehoboth Beach Commissioner, Mark Aguirre was among the first officials contacted about the altercation by the alleged victims. While there have been mixed reviews to his subsequent actions, Aguirre has been diligent in following the progress of the case.

"This is the most disturbing crime of its kind since the one that happened ten years ago. What makes this different is that since that happened federal guidelines have been established that require the reporting of hate crimes. I’ll do my best to help keep our community informed as this investigation continues," said Aguirre.

Chief Banks said "I understand that there are people who feel we are moving too slowly but it is in the interest of getting it right."