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McKinney's defense counsel countered by arguing that he had intended only to rob Shepard but killed him in a rage when Shepard made a sexual advance toward him. The prosecutor argued that McKinney's murder of Shepard was premeditated and driven by greed. Significant media coverage was given to the murder and what role Shepard's sexual orientation played as a motive for the commission of the crime. Suspects Aaron McKinney and Russell Henderson were arrested shortly after the attack and charged with first-degree murder following Shepard's death.

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He was taken by rescuers to Poudre Valley Hospital in Fort Collins, Colorado, where he died six days later from severe head injuries received during his beating. Matthew Wayne Shepard (December 1, 1976 – October 12, 1998) was a gay American student at the University of Wyoming who was beaten, tortured, and left to die near Laramie on the night of October 6, 1998.

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