Kill someone gay, claim they hit on you and you panicked -- avoid jail. This is fucked-up justice ...
An Austin man who reportedly used “gay panic” to defend killing his neighbor in 2015 won’t be headed to prison.
James Miller, 69, was sentenced Thursday to 10-years probation in connection to the stabbing death of 32-year-old Daniel Spencer, news station WXAN reported.
The jury found the defendant not guilty of murder, but convicted him of the criminally negligent homicide charge. They recommended the 10 years of probation, which the judge was required to honor.
While Miller wasn’t ordered to prison, the judge added six months of jail time — the maximum — to the recommended sentence. He will also have to pay $10,000 restitution.
Miller’s lawyers argued that he acted in self defense when Spencer made a pass at him while the two were playing music and drinking. {self defense: "wanna fuck?" "No." "Stab stab stab." "Hey, he could have raped me. It's self defense. Me against his cock."}
In a 911 call, Miller told dispatchers, “I think I killed someone,” according to police
“We were playing back and forth and everything and I just let him know — Hey, I’m not gay,” Miller later told police, according to an affidavit. “We been playing. We’re musicians and all that kind of stuff, but I’m not a gay guy. Then it seemed like everything was alright and everything was fine. When I got ready to go — it seemed like [expletive] just started happening.”
Prosecutors argued that the blood evidence contradicted Miller’s narrative and the victim “was killed by the defendant for no good reason.”
Miller’s defense — known as “gay panic” — is unusual but legal in nearly half of the states, according to WXAN.
{which states have this as a legal defense?}
An Austin man who reportedly used “gay panic” to defend killing his neighbor in 2015 won’t be headed to prison.
James Miller, 69, was sentenced Thursday to 10-years probation in connection to the stabbing death of 32-year-old Daniel Spencer, news station WXAN reported.
The jury found the defendant not guilty of murder, but convicted him of the criminally negligent homicide charge. They recommended the 10 years of probation, which the judge was required to honor.
While Miller wasn’t ordered to prison, the judge added six months of jail time — the maximum — to the recommended sentence. He will also have to pay $10,000 restitution.
Miller’s lawyers argued that he acted in self defense when Spencer made a pass at him while the two were playing music and drinking. {self defense: "wanna fuck?" "No." "Stab stab stab." "Hey, he could have raped me. It's self defense. Me against his cock."}
In a 911 call, Miller told dispatchers, “I think I killed someone,” according to police
“We were playing back and forth and everything and I just let him know — Hey, I’m not gay,” Miller later told police, according to an affidavit. “We been playing. We’re musicians and all that kind of stuff, but I’m not a gay guy. Then it seemed like everything was alright and everything was fine. When I got ready to go — it seemed like [expletive] just started happening.”
Prosecutors argued that the blood evidence contradicted Miller’s narrative and the victim “was killed by the defendant for no good reason.”
Miller’s defense — known as “gay panic” — is unusual but legal in nearly half of the states, according to WXAN.
{which states have this as a legal defense?}
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