Roxanne Feme Fatel Joganik, a Cedar Creek Lake transgender woman who underwent partial surgical reassignment one year ago, filed a complaint against a male neighbor on July 2 alleging a hate crime assault.

Joganik, of Tool, alleged that the neighbor, who reportedly had previously expressed "hate" toward LGBT people, assaulted her in the RV park where she lives. Joganik said the attack occurred as she cooked meat on a grill in the area between their homes for an Independence Day celebration. 

Joganik said the man, whom police did not arrest, called her a "gay <slur word removed>" during the alleged attack.

Joganik said the man punched her in the chest, then kicked her between the legs. Joganik, who was dressed in red, white and blue feminine attire, and her female partner, Dee Anderson, said they were previously warned the neighbor was a "hater" by others in the RV park.

The lesbian couple said they never spoke to the neighbor, except to say “hello” upon their move there, because they were told by management he disliked LGBT people when he refused to acknowledge them. The couple said that some residents of the RV park appear to be frightened of the alleged attacker because he frequently talked about his prejudice and desire to rid the Cedar Creek Lake of LGBT people.

Cedar Creek Lake is a popular weekend and retirement home destination for LGBT people.

The lesbian couple said they had a witness to the attack.

The Tool Police Department incident report, obtained by a public information request, indicated no bias motivation.

Feist said his investigation did not reveal any evidence of a hate crime, and that the alleged attacker denied using anti-gay language. "He said he didn't do it," Feist said.

Feist added that the injury portrayed in the picture of Jognaik appeared to be far less severe the day of the incident.

Feist said his officers do not make arrests in such domestic disturbances, opting instead to "let the courts sort it out."

Fesit said the assault might be processed in municipal court in August as a simple assault. The suspect's name is being withheld because of him not being arrested or charged with a crime. So far, the case has not appeared on the Tool Municipal Court docket.

"It wasn't serious enough to go to the district attorney," Fesit said. 

Hate crime penalties provide for enhanced punishment under state law. The Texas Hate Crimes Act defines hate crimes as crimes that are motivated by prejudice, hatred, or advocacy of violence.

Fesit said that Joganik told him about the lawsuits she had previously filed in regard to her status as a transgender woman.

Joganik was evicted from an Athens RV park in recent years, and that resulted in her filing a discrimination lawsuit and receiving a judgment in her favor. She also was evicted from a Seven Points RV park after experiencing a medical crisis, according to her partner.