Battery Verdict: Misdemeanor Conviction for Hagan in Nightclub Incident
Patrick Hagan, known as “Patty,” is a 6-foot-3, 280-pound man who wears pantyhose and a skirt. His punch, however, carried enough force to knock five of Cheryl Partsch’s teeth out during a dispute over whether Hagan should be in the women’s restroom at a Pasco County nightclub.
Though the punch caused significant harm, it was not enough to lead to a conviction for aggravated battery. On Thursday evening, a six-person jury found Hagan guilty of misdemeanor battery. This conviction carries a jail sentence of less than one year. Had Hagan been convicted of a felony, he could have faced up to 10 years in prison due to his prior convictions.
Despite the verdict, Hagan’s friends strongly disagreed with the decision. Joseph “Jo Jo” Podolski, a drag show performer who witnessed the 1997 incident, expressed his discontent. “It’s totally wrong,” he said. Podolski argued that the jury, being older and more conservative, failed to understand the perspective of those within the transsexual community. “He was just trying to protect himself,” he added.
Partsch, on the other hand, felt the verdict didn’t fully address the harm she suffered. “I think he should have to feel suffering like I have,” she said. “But it’s better than nothing. He’s guilty. I’ll take it.”
The Incident at BT’s Lounge
The altercation took place at BT’s lounge in Port Richey, a bar known for its acceptance of alternative lifestyles. Hagan, dressed as a woman, didn’t stand out at first. However, on the night of November 15, 1997, witnesses testified that Hagan faced a barrage of insults when entering the women’s restroom.
Donna L. Dunham, a witness, recalled one woman calling Hagan a derogatory name. A group in the restroom then questioned Hagan’s presence, given that he was undergoing sex-change treatments. “What… are you doing in there?” they shouted, according to Dunham.
Things escalated when Partsch, who had been drinking, allegedly said, “Let’s get him” and kicked in the door to the stall where Hagan was. These statements formed the basis of Hagan’s defense against the charges. Defense attorney Robert Attridge argued that Hagan acted in self-defense, not with the intent to harm Partsch.
Defense and Prosecution Arguments
During the trial, Attridge described Hagan as the victim, not the aggressor. He argued that the altercation was a hate crime against people with alternative lifestyles. Hagan, who stands 10 inches taller and is 110 pounds heavier than Partsch, was simply protecting himself, Attridge claimed.
Hagan, a 46-year-old Port Richey resident and black-belt in Tae Kwon Do, struck Partsch with a single punch. “Cheryl Partsch stepped in the path of an innocent person,” Attridge said, holding up pictures of Partsch’s injuries.
However, the prosecution disagreed. Assistant State Attorney Scott Andringa maintained that Hagan acted out of anger. He emphasized that Hagan had a responsibility to know who was on the other side of the door before acting. “He has a responsibility to know who is on the other side of that door before he goes smashing teeth,” Andringa argued.
Trial Focuses on Gender Identity
Throughout the trial, there was considerable discussion about the transsexual lifestyle. During questioning, Andringa asked one witness if they were a man or a woman. “You are a man,” he asked Susan DeBerg. DeBerg, who has been taking hormones and is awaiting sex-change surgery, responded, “No, I am not a man.” She explained that the hormones had altered her psychological perspective.
Other witnesses testified that Hagan, known as Patty, is considered by those close to him to be a woman. This confusion over gender identity led to some miscommunication in the courtroom. Andringa questioned one of Hagan’s friends, asking if she believed Hagan had punched Partsch in defense. “She was only protecting herself,” Dunham replied.
Partsch’s Ongoing Struggles
While Hagan’s conviction remains a matter of debate, Partsch continues to suffer from the physical and emotional aftermath of the incident. “I keep getting headaches so bad,” Partsch said. “I get nauseous every day. It comes from my head and my jaw. So I’ll never be done with it.”