He is charged with assaulting a man because of his sexual orientation, but now, one Eastern Kentucky man is challenging the federal law that landed him in jail.
The Lexington Herald Leader reports the attorney for 20 year old Anthony Ray Jenkins filed the challenge to the federal hate crime law on Wednesday.
Jenkins and his cousin, David Jason Jenkins, are accused of beating Kevin Pennington in Harlan County last year.
If the challenge is approved, it would only get rid of the hate crime charges.
Jenkins would still face several other charges.