THERMOPOLIS, Wyo. (AP) — The attorney for a Wyoming man accused of verbally harassing a gay man has argued that the victim to some extent “invites these kind of remarks” by his behavior and dress.

Michael Grissom, 19, of Thermopolis is charged with stalking Jimmy L. Bryan, 18, of Thermopolis. Grissom’s trial before Circuit Court Judge Robert Skar is scheduled for Sept. 26.

Defense attorney Louis Walrath, in court papers filed in the case, asserts that Grissom may have been provoked by Bryan’s appearance and behavior.

Walrath notes that Bryan “has been seen walking down the street in short shorts, high heels and carrying a purse. Apparently he wears feminine attire on occasions and of course this really upsets young heterosexual males, probably some females also.”

“To some extent, I am afraid the victim invites these kind of remarks by his outrageous behavior and dress,” Walrath stated in the court document.

Bryan said he was only dressing up in the shorts and high heels for Halloween, and that his appearance and behavior were irrelevant.

“I’m somewhat flamboyant and open about my sexuality,” he said. “I have a gay pride flag in my car and when I walk there is a bit of swagger in my hips. But I don’t introduce myself as ‘Hi, I’m Jimmy and I’m gay.’ My world doesn’t revolve around being gay.”

The charges against Grissom, according to documents, result from statements made on May 1.

“Grissom yelled obscenities and threats at the victim, Jimmy L. Bryan” according to court documents. The statements included “wish it wasn’t illegal to kill fags out of innocent fun,” according to the court papers.

In his motion to limit the scope of Grissom’s defense, Hot Springs County Deputy Prosecuting Attorney Alex Sitz III argued that evidence of the victim’s behavior is irrelevant.

“That any evidence defense counsel would try to elicit regarding the victim’s behavior would be more prejudicial than probative and would likely only be used to further harass and victimize the young homosexual male who has already suffered enough at the hands of the alleged defendant,” Sitz wrote.

Sitz said that even though the stalking charge only addresses what was said on May 1, “this is not an isolated incident.”

Meanwhile, the victim says he’s leaving Wyoming to pursue a modeling career.

Bryan told the Northern Wyoming Daily News he has a modeling contract in Denver, where his boyfriend lives and works. He did not plan to return except to see his mother and some friends.

Bryan was hesitant to talk about specifics of the case, but did say it was not the first time Grissom had harrassed him.

“I dropped out of high school as a sophomore, mainly because of harassment,” Bryan said. “In school, (I was) pushed against lockers and (someone) tried to shove me down stairs. Every incident was reported to the school principal. The school didn’t do (anything) about it.”

“People need to accept there are gay people in the world, even in small towns, and they can’t be treated unfairly,” Bryan said.

In Wyoming, stalking is a misdemeanor with a maximum penalty of six months in prison and a $750 fine.

Wyoming is one of the few states without a law that enhances penalties for hate crimes.

At least one bias crime bill has been introduced in the Legislature each year since the Matthew Shepard murder outside Laramie in 1998. But none has passed.

Shepard, who was gay, was beaten to death by two men who were convicted and sentenced to life in prison.