The Murder of Scotty Joe Weaver — Talk Murder With Me

Please be aware that this article discusses a hate crime committed against a victim based on sexual orientation, and might be particularly difficult for some readers.

The water tower in Bay Minette, AL (source: youtube.com)

As with many small towns in the southern United States, Bay Minette, Alabama, has an abundance of churches; holy places where people gather to take in and reflect on God’s teachings. Just as important, it's to these places that people flock to enjoy a sense of community and coming together.

In conflict with the many places of worship and what they supposedly represent, also in abundance in Bay Minette is an intense hatred and intolerance of anyone who dares to love or express themselves as they please.

No one knows this better than the Weaver family.

The following is a story of betrayal, depravity and the power of hate in a small town.

Scotty Joe Weaver

If anyone was dealt a rough hand in life, it was Scotty Joe Weaver. Regardless of the many challenges he faced however, he always pushed through, doing his best to create a happy and joyful existence in a world that seemed to be constantly pushing against him.

Scotty was born on March 26, 1986, to parents Martha and Lum Weaver Sr in Bay Minette. He had three brothers, Lum Jr, Cecil and David. Of his family members, Scotty was closest with his mother. He and his brother Lum Jr, who was six years his senior, also shared a special bond.

When he was ten, Scotty was taken to the doctor after discovering a hard lump in his neck. He was diagnosed with Hodgkin’s disease, an aggressive cancer that attacks the body’s lymphatic system. After two strenuous years of chemotherapy, Scotty went into remission.

When Scotty was 15, tragedy struck the Weaver family when Lum Sr died at just 42 years old. It’s not clear exactly how close Scotty was with his father, but it was no doubt a difficult time for the whole family. Scotty’s uncle, Ewing Weaver, who described his nephew as a good and trusting boy, later said that he believed Scotty quote, “started going with people he shouldn’t” after his father died.

If cancer and losing a parent wasn’t enough to deal with before he even reached adulthood, Scotty, who was gay, also endured relentless homophobia every day at school.

Fortunately, his home life was an escape from the cruelty. Martha Weaver was always extremely supportive of her son.

“If you love your child, it doesn’t matter,” she said in regards to his sexuality.

Scotty’s brother, Lum Jr, who was also gay, described his brother as receiving particularly bad treatment from his peers because he was more “out there” with his sexuality.

As a result of the endless harassment, Scotty dropped out of high school and got a job at the Waffle House in Bay Minette. According to his coworkers, he was a hard-worker, often taking on double shifts to earn extra money. Yearning for some independence, he planned to move into his own place once he could afford it. He hoped to eventually return to education and earn his GED.

Life Begins to Look Up

Shortly after turning 18, Scotty moved out of his mother’s home and into his own trailer.

After dropping out of high school, he began looking for friends further afield. To this day, Alabama isn't an easy place to be gay. Twenty years ago, in a town like Bay Minette, which is located in one of the most conservative counties in an already very conservative state, it would no doubt have been extremely isolating, if not pretty much unbearable.

Lum Jr described incidents of his gay friends having their trucks vandalized with homophobic slurs. At night, townsfolk would drive by gay peoples’ homes and throw beer bottles.

When he wasn’t working at Waffle House, Scotty would drive the hour from Bay Minette to Pensacola, where he would frequent gay bars and perform in drag shows. While Pensacola isn’t exactly a bastion of liberalism, Scotty felt more free to be himself there than he ever did in Bay Minette.

According to Lum Jr, Scotty was a pretty good drag performer. He came second in the amateur competition known as the Drag-O-Rama at Emerald City in Pensacola (a gay club which has since closed). Dolly Parton, in particular, was his go-to act. While Lum Jr and Martha were glad that Scotty had found somewhere he could be himself, Martha worried about his drag show performances, fearing this would put even more of a target on his back.

Nichole Kelsay and Christopher Gaines

One might think that the cruelty Scotty had endured at the hands of his peers would have worn him down, making him wary and less trusting of people in general. But this was not the case. Somehow, Scotty had not lost his ability to always see the best in people. Which is why he let his close friend, 18-year-old Nichole Kelsay, her new baby, and Nichole’s boyfriend, 20-year-old Christopher Gaines (not the baby’s father), stay at his new place free-of-charge.

Nichole Kelsay and Scotty Weaver (source: Gay City News)

Scotty and Nichole had been best friends since they were in first grade. Nichole was having a hard time, fighting with her ex-boyfriend over custody of their baby. She had recently started dating Chris Gaines, who the Weavers were familiar with from around town. Chris had attended the same schools as Scotty and Nichole, and while he and Scotty weren’t especially close, Scotty considered him a friend. Both Nichole and Chris were unemployed. Lum Jr liked Nichole, but did not trust Chris, whom he had heard make homophobic remarks on several occasions.

Nichole and Chris jumped at the offer of a place to stay for free. Some might say that the two were taking advantage of Scotty, who would work long hours at Waffle House to pay for the trailer, while they sat around all day long doing nothing. In the evenings, Chris and Nichole would go out drinking, and Martha Weaver would often come and watch Nichole’s baby. To Lum Jr and Martha, it was clear that Scotty’s “friends” were exploiting his trusting nature.

It never occurred to them that they could be dangerous.

Scotty Goes Quiet

It was July 22, and the last time Martha had heard from Scotty was the morning of July 18, when he had come over after completing the graveyard shift at Waffle House. She was beside herself with worry.

According to Lum Jr, Scotty spoke to his mother every day, either in person or on the phone. During his after-work visit on the 18th, he paid her back money he had borrowed to make payments on the trailer. He also expressed his frustrations with Nichole and Chris leaching off him and pretty much taking over his new place. Martha was no doubt relieved that her son was beginning to realize that his friends were deadbeats who did not deserve him.

After saying goodbye to Martha, Scotty headed home, not to rest and unwind after a long, grueling shift, but to get ready to go back to work. But he did not show up for this shift, nor did he call in saying he was not going to make it. Much to the dismay of his coworkers, his uncharacteristic absence continued.

On July 20th, Chris Gaines and Nichole Kelsay came by Martha’s home, telling her that they had not seen Scotty in a few days. As they stood there on her porch, they urged her to call the police. On July 22, four days after she last heard from him, Martha reported Scotty missing.

A Horrifying Discovery

Later that same day, in a field about eight miles from Scotty’s trailer, a man driving an off-road vehicle came upon what appeared to be a charred human corpse.

The body was so badly burned, Lum Jr said, that it had to be identified by dental records. On identification, his worst fears were confirmed. His brother, Scotty, had not only been set on fire, but according to his autopsy, he had also been beaten, strangled and stabbed multiple times.

As if the horrific crime couldn’t get any worse, it was Scotty’s supposed “friends” who were quickly identified as the prime suspects.

The reporting on this case is extremely limited, so much so that I could hardly find any details on the investigation. For this reason, it wasn't clear exactly how it became apparent to investigators that Nichole and Chris were involved. Chris did eventually confess to the murder, but I don’t know how long this took after the body was found.

What Happened to Scotty Weaver?

Based on the evidence they gathered, investigators put together a timeline of events for what they believed happened the day Scotty was killed.

He arrived back at the trailer after visiting his mother on the morning of July 18. As he was getting ready for work, he was ambushed by Chris, Nichole, and another individual, Robert Porter, who robbed him of the $80 he had left over from his wages after he paid his mother back.

18-year-old Robert Porter was also identified as a suspect in the killing. A friend of Chris and Nichole’s, he hung out at Scotty’s trailer on several occasions in the run up to the murder, and would sleep on the couch from time to time. Robert and Scotty were not friends - Robert was known to taunt Scotty for being gay. He mostly came by while Scotty was at work. Lum Jr would later say that all he knew about Robert was that he had had some trouble with the law in the past.

After being robbed, Scotty was tied to a chair, brutalized and eventually strangled to death. Investigators believe it was Chris and Robert who were responsible for the killing - Nichole did not participate in the act, although she was present as Scotty died. Chris and Robert then drove the body out to a field where they dumped it and set it on fire.

Baldwin County District Attorney David Whetstone credited sheriff’s deputy Lt. Huey “Hoss” Mack for taking the lead in the investigation, doing interviews and collecting physical evidence.

In an interview with the LGBT news publication Gay City News, Mack said, “We feel very comfortable about the case. All three individuals made statements that will be used as evidence against them. There is also strong physical evidence.”

Nichole, Christopher and Robert all pointed to each other when it came to who was responsible for the murder.

“Nichole swears she was forced to go along with the others or they would hurt her baby. Chris says that the other guy (Porter) and Nichole did it,” Lum Jr said. “All three blame the others and refuse to take responsibility.”

In August 2004, all three were charged with the murder of Scotty Weaver.

Once Scotty’s trailer was no longer a crime scene, Lum Jr and Martha went over to collect some of his things. A dirty mattress belonging to Nichole and Chris lay on the floor. Amongst the pile of their things, Martha and Lum Jr discovered several needles and a few electronic items which belonged to Scotty.

Scotty’s Funeral

A memorial service was held for Scotty at the Cross Roads Church of God in Bay Minette. It was clear from the number of people who showed up - close to 250 - that he had a profound impact on those who met him during his short but inspiring life.

His casket, dark blue in color and dotted with tiny white doves, stood at the front of the church. Red roses and baby’s breath, Scotty’s favorite flowers, lay on top. A photo of him smiling at the camera during a summer kayaking trip sat alongside the casket.

But even in death, Scotty could not escape the torment he faced in life.

Casting a dark shadow over the otherwise tranquil scene was Reverend Helen Stewart, who did not even have the decency to hide her bigotry as she preached at the service. Many attendees ended up walking out, unable to listen to her hateful ranting.

“She basically said Scotty was in hell,” Lum Jr said. "And while most of the congregation was gay or bisexual, she told us we were all going to hell if we didn't change our ways."

The Case for a Hate Crime

After the body was discovered, D.A. Whetstone held a press conference, in which he expressed his belief that this was not a straightforward robbery and murder. The brutality of the crime strongly suggested that hate, based on the fact that the victim was gay, played a role in the actions of the killers.

“It’s obvious that before death, there was great pain and torture, or else there was abuse of the corpse,” he told reporters. “It is suggestive of overkill, which is not something you see in a regular robbery and murder.”

Chris Gaines told his lawyer that Robert Porter had previously boasted about assaulting homosexuals and spoke openly about wanting to kill Scotty because he was gay.

“There’s no doubt in my mind that homophobia killed my little brother. No doubt in my mind at all,” Lum Jr said.

D.A. Whetstone vowed to seek the death penalty for Scotty’s killers. He believed that the murder was premeditated, based on the fact Scotty was robbed before he was killed.

“This crime did not take place on the spur of the moment,” Whetstone told Gay City News. “This boy did not die right away. There was time for them to stop.”

As I mentioned, he also believed that Scotty’s sexuality was a motive for his killing. However, in Alabama, a perpetrator who commits murder motivated by a victim’s sexuality cannot be charged with capital murder, and therefore, they cannot be given a death sentence. Murder which takes place during a robbery, however, can result in a capital murder charge.

Consequences for Scotty’s Killers

Under Alabama law, it is still required that a jury hears the evidence in a case involving a capital crime, even if the defendant pleads guilty. I'm no expert on this, so I’m not going to get into the weeds too much about how this works. If you want to learn more, this article in al.com is a good source.

From the article: "prosecutors must present at least the basic evidence proving the case to a jury. Once guilt is established, the jury recommends a penalty and the judge makes the final sentencing decision. Defendants can waive the jury’s role in sentencing."

Each defendant had what can be called an "abbreviated trial". I'm not sure if Alabama has an official name for a trial that takes place after a guilty plea.

In May 2007, nearly three years after the murder, Christopher Gaines became the first of the three to plead guilty to murder and robbery. He was sentenced to life in prison without parole.

According to District Attorney Judy Newcombe, who took over from D.A. Whetstone in 2006, Chris Gaines never showed any remorse for the killing.

In September 2007, Robert Porter pleaded guilty to charges of murder and robbery. He was given two life sentences to be served consecutively.

A week after Porter, Nichole Kelsay pleaded guilty to a charge of conspiracy to commit murder. She was sentenced to twenty years, but would be eligible for parole after six.

Nichole Kelsay being led from the courtroom after sentencing (source: alchetron.com)

“She did not physically participate in the murder and when she agreed to a lengthy jail sentence, we thought that was the best decision in this case,” Newcombe said.

As far as I can tell, she has been released, as her name did not appear in a search of the Alabama Dept. of Corrections database.

At her trial, Martha Weaver spoke publicly for the first time. She said:

“Why did she do it? Why did she plot to hurt him like that? Because he did nothing to her. He always tried to help her. He loved her more than anything.”

In the courtroom, Martha looked directly at Nichole, and said she hoped she would never rest again after what she did to her son.

Nichole did not look at Martha or respond. She was led out of the courtroom in shackles and handcuffs.

Hate Crimes in Alabama

To this day, sexual orientation is not covered by Alabama’s hate crime statute.

The definition in the Alabama Constitution for what constitutes a hate crime is: “Alabama Code § 13A-5-13 enhances penalties for a crime “the commission of which was shown beyond a reasonable doubt to have been motivated by the victim’s actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability.”

Alabama is severely lacking when it comes to reporting hate crimes, let alone prosecuting them. In 2021, Birmingham Watch reported that in the years 2018 and 2019, the state reported zero hate crimes to the FBI’s Unified Crime Report, the only state in the country to do so.

“It is highly implausible that in 2019 or 2018, no hate crimes were committed in Alabama. Of the over 417 law enforcement agencies in the state, only two actually participated in the 2019 reporting process to the FBI, which is deeply troubling and undoubtedly means that many hate crimes have gone unreported,” said Dr. Allison Padilla-Goodman, vice president of the ADL’s Southern Division.

After Scotty’s Murder

After his brother’s death, Lum Jr sat down to speak with a reporter at the Waffle House in Bay Minette where Scotty worked. He painted a picture of the person Scotty was in life - outgoing, gregarious and unfailingly kind.

“He would give the shirt off his back for anyone,” he said.

He always kept his head held high. When Lum warned him about participating in drag shows and being so out there with his homosexuality in Bay Minette, Scotty shrugged him off. He was incapable of being any one but his true self.

Lum Jr vowed that he would not let his brother's death be in vain. However, it does not appear that a whole lot has change since Scotty's death. Even as Lum Jr sat being interviewed in the Bay Minette Waffle House that day, a group of teens sat in the corner, loudly shouting homophobic slurs and making sick jokes.

Martha Weaver holding a photo of Scotty (source: towleroad.com)

Martha was devastated by the murder of her son. She thought it would be cancer that killed Scotty - not his friends. After his death, she battled on and off with depression and went on disability, rarely leaving her home. She died in 2019, aged 63.

Lum Jr hoped that Alabama lawmakers would alter the state's hate crimes statute to include sexual orientation, but this has not come to be.

Lum Weaver Jr died in 2021, aged 40. He is buried alongside Scotty at Bryars-McGill Cemetery, just north of Bay Minette.