Poll of the Day > Texas Man uses GAY PANIC DEFENSE to Justify KILLING a 32 y/o Man and it WORKED!

(+) Yeah! (+)

69 y/o James Miller was found NOT GUILTY of murder and manslaughter after his lawyer used the GAY PANIC DEFENSE as the reason to kill his 32 y/o neighbor!!

The Austin man was instead found guilty of criminally negligent homicide in the 2015 death of Daniel Spencer but agreed with him that murdering him over fears of a gay man making a move on him since he was a straight man was justifiable!! He could have faced life in prison.

He was sentenced to just 10 years probation and six months in jail. He must also complete 100 hours of community service and pay $11,000 in restitution to Spencer's family.

It happened in 2015 when Spencer invited James to his home to drink and play music as they were both music players. James claims that Daniel grew angry when he rejected his "sexual advances" and because he said Daniel moved towards him in a "threatening manner" by brandishing a glass, he then STABBED him several times!!

He said "We're musicians and all that kind of stuff but i'm not a gay guy. It seemed like everything was alright and everything was fine. When i got ready to go, it seemed like s*** just started happening"

James said that he was 37 youngers than me and had an arm length over him and felt he was going to SEXUALLY ASSAULT him.

Charlie Baird, the defense said the verdict was not a fair one as he said he should have been ACQUITTED on self defense

Prosecutor Matthew Foye said "The fact that the jury didn't let Miller on self-defense established that Daniel Spencer was a victim of a senseless killing by the defendant and he did not do anything to bring upon himself".

There are 48 US States allow the "gay panic" or "trans panic" defense in which a defendant can cite a victim's sexuality or gender identity as justification for murder to obtain a lesser charge or reduced sentence as they can claim that any gay or trans person who makes a sexual advance on the is justified to use VIOLENCE

Illionis joined California to prohibit the gay panic defense

Do you think the gay panic defense is a justifiable defense??

Daniel - Deceased

http://i.dailymail.co.uk/i/newpix/2018/04/28/16/4BA6067300000578-5668921-image-m-32_1524928602857.jpg

James - Ugly Liar

http://i.dailymail.co.uk/i/newpix/2018/04/28/16/4BA4D0FD00000578-5668921-image-a-33_1524928609765.jpg

http://i.dailymail.co.uk/i/newpix/2018/04/28/16/4BA6157200000578-5668921-image-m-37_1524928744369.jpg

Murder Scene -

http://i.dailymail.co.uk/i/newpix/2018/04/28/16/4BA614A500000578-5668921-image-a-35_1524928637802.jpg
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Sounds like bull crap.
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Final Fantasy2389 posted...

Sounds like bull crap.

To be honest, anybody would use any defense if it got them less time. Though, I totally agree with you....
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Final Fantasy2389 posted...

Sounds like bull crap.

Why? Some people are very sexually aggressive and the victim looks in better shape than him so it could be intimidating.
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Full Throttle posted...

Do you think the "gay panic" defense is a justifiable defense?

Not really. If a woman made unwelcome advances towards him and he killed her due to feeling she was a threat would that be acceptable? Probably not. I understand self defence but this just seems like yet another insecure person who can't even fathom having a member of the same sex hit on him. It's not hard to reject them like you would with anyone who hits on you that you've no interest in.
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one time my gay friend hit on me during a moment of I don't know what. he wasn't thinking. but yea, I didn't kill him and we got over it. never talked about it again.

For something minor maybe, but not murdering

The problem is you could literally use that for anything. Someone accidentally bumps you, you kill him, gay panic defense. Someone says excuse me to get past you, he grazes you a little, you kill him, gay panic defense. Someone says hi, he must be coming on to you, you kill him, gay panic defense. It's stupid. And like @wwinterj25 said, double standards, basically.
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Zikten posted...

one time my gay friend hit on me during a moment of I don't know what. he wasn't thinking. but yea, I didn't kill him and we got over it. never talked about it again.

This happened, ok?
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Daniel moved towards him in a "threatening manner" by brandishing a glass

fair
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Philoktetes posted...

Daniel moved towards him in a "threatening manner" by brandishing a glass

fair

Yeah. For self defense. That's not the issue. The issue is the bullshit called "gay panic" defense...
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LinkPizza posted...

Philoktetes posted...

Daniel moved towards him in a "threatening manner" by brandishing a glass

fair

Yeah. For self defense. That's not the issue. The issue is the bullshit called "gay panic" defense...

Pretty much. I'm not sure stabbing is necessarily a proportional response to having a glass brandished at you, but presuming it was, the defense given still wasn't simple self-defense. The notion of it being more acceptable to kill somebody over unwanted sexual advances when they're the same sex as you is utter bullshit.
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Are you going to kill every chick that makes an unwanted advance on you as well?
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