"There was a message waiting for me at home from the Rehoboth Beach Police that I am being charged with disorderly conduct. I did not know what to expect from this prolonged investigation, but I definitely did not expect this," he said.

Rehoboth Beach Police Chief Keith Banks confirmed Sept. 14 that in fact five of the six men involved will face disorderly conduct charges. Initially, the only charge made was against Rehoboth Beach resident Vincenzo DiDomenicis who allegedly provoked the altercation by spewing anti-gay epithets at the trio of friends as they exited a bar and headed to their vehicle parked downtown between Scarborough Avenue and Christian Streets. The verbal taunting and alleged kicking of the gay males vehicle escalated into a fight which reportedly included the straight males producing lead pipes from a nearby pick-up truck. An additional charge of harassment has been added against DiDomenicis. Banks said Rehoboth Beach Detective Scott O’Bier, the lead officer on the case, is attempting to contact the individuals and allow them to voluntarily turn themselves in to Rehoboth authorities before formalizing the warrants within the week.

"We haven’t typed up the warrants because we are trying to work with them because they live out of town. We anticipate their cooperation," said Banks of the pending warrants against the additional two gay men, Lawrence Franchetti, 26, and Will Hiley, 30, both of Washington, D.C.. The name of the second straight man being charged has not been released because the warrants have not yet been issued but he is presumed to be a Rehoboth resident of Scarborough Village.

Franchetti, who received the same news from the RBPD Sept. 14, said he is incredibly shocked. As the case has unfolded, Franchetti and many others believed the incident should be ruled a hate crime because of the anti-homosexual slur, vulgarity, and violence.

"I am extremely surprised by the allegations of disorderly conduct for not only myself but for Will and Matt, as well. My legal counsel and I are looking forward to further discussing with the Attorney General’s office and the police the rationalization behind this charge," said Franchetti. "Additionally, I am further surprised and mostly saddened that in the state of Delaware, breaking a jaw and wielding a lead pipe can constitute only disorderly conduct and harassment charges." According to Banks, the consequence of a misdemeanor disorderly conduct charge can range from "probation before judgment," a fine, or an unlikely scenario of jail time. Chief Banks also responded that the investigation did not produce solvent evidence of a gay bashing or hate crime nor did it reveal conclusive proof to charge for assault. As defined by statute, a hate crime is targeted criminal activity, typically motivated by prejudice based on perceived personal characteristics of the victim such as race, religion, ethnicity, and sexual orientation.

"Under the law, I can only proceed with the Attorney General’s office decision. People can say the most hateful things—things no one should have to listen to—but it doesn’t constitute a hate crime under federal guidelines. It is a terrible situation but because of the variations in the stories I don’t know at this point that we could put on a case of assault without reasonable doubt," said Banks, reiterating that many involved in the fray had been drinking. "I would love to charge the person who hit Matt and rendered him unconscious to the fullest extent of the law, but legally we just don’t have the necessary information right now. I commend (the three gay men) for being honest enough to say they are unsure which one hit Matt. If more information comes to light we can add to the charges," said Banks.

For Beierschmitt, who will plead not guilty to the disorderly conduct charge and is proceeding with civil charges for his damages, the situation is still unsettling. "I did not throw a punch or lay a hand on anyone. We have been very forthcoming and I don’t understand how them not talking leads to their innocence in this attack," he said.

While warrants for the new charges remain under judicial review, the Rehoboth Police Department expects to proceed with them next week.

To provide witness information on this incident contact the Rehoboth Beach Police Department at 302-227-2577.