Second Sentence in NY Hate Crime Murder: Phoenix Gets 37 Years to Life
Keith Phoenix (l) in court
Brooklyn, NY – Keith Phoenix won’t be on the street again for a long time: 37 years to life, for the brutal hate murder of José Suchuzhañay in December 2008. Phoenix wielded an aluminum baseball bat at the Ecuadorian immigrant’s head. In a later remark to police, Phoenix exhibited the callous attitude behind the murder: “So I killed a guy,” he said. “Does that make me a bad person?” The jury convicted him in early August of a hate crime as well as of murder, taking into account the defendant’s homophobic and anti-Hispanic remarks at the time of the slaying. His accomplice, Hakim Scott, received a 37 year sentence earlier in the year for his role in the attack and murder. The murder of Suchuzhañay enflamed the LGBTQ community and ignited an international outcry. Suchuzhañay had lived in the United States for over a decade, and was a legal resident. Though the victim was not gay, his assailants believed he was–another in a long line of incidents demonstrating the lethal potential still at work against the LGBTQ population in America. The Ecuadorian community in the United States has expressed some satisfaction with the verdicts against their countryman’s slayers, and has called for continued vigilance as immigrants are targeted for discrimination and harm. Diego Suchuzhañay, José’s brother, said to CNN, “Our brother wanted to make history when he died, and he did already. We should be proud of him. The way he died, we should be proud of him.”
Ball Bat Killer Guilty of Murder As A Hate Crime in Brooklyn
Keith Phoenix Found Guilty
Brooklyn, NY – Just seven hours after the jury was sequestered on Monday, José Sucuzhañay’s prime attacker, Keith Phoenix, was found guilty of second-degree murder as a hate crime. When he is sentenced on August 5, Phoenix will face a possible 25 years to life in prison for his role in bludgeoning Sucuzhañay to death with an aluminum baseball bat on December 7, 2008 in the Bushwick section of Brooklyn. City officials and the Sucuzhañay family expressed relief and satisfaction with the verdict. The first trial was aborted when a holdout juror refused to co-operate with the process, alarming both the immigrant rights and LGBTQ communities that Phoenix might squeak through the legal system with little or no punishment for one of the most brutal hate crimes in recent New York history. Phoenix’s accomplice, Hakim Scott, was found guilt of manslaughter and aggravated assault on May 6, but escaped the hate crime enhancement when the jury set aside the charge. The Scott decision drew a storm of criticism, so the eyes of many were focussed on what the jury would do in the Phoenix case. As reported by the NY Post, José’s brother, Diego Sucuzhañay, standing at the corner of Bushwick Avenue and Kossuth Place, now renamed “Sucuzhañay Place” in memory of his brother, congratulated the jury for its work. “We were afraid we would not get justice. The first time the mistrial and our family had to go through this process, this painful process. But we wanted justice for the death of our brother,” he said, with his other brother Romel standing beside him. Also quoted in the Post, Brooklyn District Attorney Charles Hynes said, “Just hours after this horrible tragedy, I came to this location and I pledged that the people who did this horrible thing to Jose would be found be convicted and the only way they would come out of prison would be in a box. I’m here today to reaffirm that,” the D.A. concluded. For his part, Phoenix, 30, who had not expressed any remorse for what he did, was taken aback by the verdict, according to the Gay City Times. “I think he’s kind of surprised by this result,” Philip J. Smallman, Phoenix’s attorney, said of his client, following the announcement of the verdict. Phoenix never entertained the thought that he would be convicted of a hate crime. Smallman has declared that he intends to appeal the verdict on Phoenix’s behalf. Because Scott and Phoenix targeted José and Romel for being “Spanish” and “faggots” as they huddled together against the Brooklyn winter, the case drew together two unusual groups of allies, immigrants’ rights advocates and LGBTQ human rights activists. Though the Sucuzhañay brothers are heterosexual, mistaking their sexual orientation as gay has helped sensitize the Latino/a community to the shared sense of injustice experienced by LGBT people in the United States and Ecuador.
Hate Crime Murder Trial Resumes in Brooklyn
Keith Phoenix: "So I killed a man? Does that make me a bad person?"
Brooklyn, NY – Keith Phoenix, alleged murderer of Ecuadoran immigrant José Sucuzhañay, is in a Brooklyn court again after a mistrial. Phoenix and his co-attacker, Hakim Scott, took offense at José and his brother, Romel, as they walked arm-in-arm on a freezing night in December 2008. Hurling epithets at the Ecuadorans for being Hispanic and “gay” (in fact, neither of the brothers are gay), Scott assaulted José with a beer bottle, and Phoenix allegedly delivered the coup de grace with an aluminum baseball bat. Scott received a sentence in the Spring for manslaughter, escaping hate crimes charges. When a juror in Phoenix’s first trial refused to continue, the judge in Brooklyn Supreme Court declared a mistrial. There seems little doubt that Phoenix is guilty. A toll booth camera caught the pair of assailants smiling and laughing as they fled the scene of the crime. Witnesses stand ready to testify again that the bat attack was so brutal and bloody the taxi driver witness had to avert his eyes from the scene. And Phoenix himself seems to be doing all he can to get himself convicted, too. In a confession taken by a detective at Phoenix’s arrest recorded the defendant as asking, “So I killed somebody. Does that make me a bad person?” Well, yes, as a matter of fact, it does, in the opinion of the Unfinished Lives Project Team. Critics of how the courts in Brooklyn have been handling this case look to the Phoenix trial as a way of redressing what appears to be a severe disrespect for Latin American immigrants and LGBT people. The main defense Phoenix is mounting is that too much alcohol led him to do what he did. He has yet to show any remorse for his actions. Keith’s attorney has suggested that his client feared that the victim might have a weapon in his waistband, and that José was the one who started the fight. When José M. Arrufat Gracia, the lawyer for the Sucuzhañay family heard these allegations, he said, “We definitely believe those allegations are insulting to the victims, alleging that the perpetrators were acting in self-defense.” Perhaps a prison term of decades will assist him to develop the self-restraint he could not exercize two years ago when he bludgeoned an innocent man to death, and the remorse for a hate crime he seems incapable of understanding today.
Ball Bat Attackers Immune from Hate Crimes Charges?: Authorities Backpedal on Anti-Gay Violence
Big Stick Combat photo
Dallas, TX – What does a midnight assault on two Dallas gay men Friday have in common with a December 2008 fatal attack on two Latinos mistaken as gay in Brooklyn, New York? Two things: first, both attacks were carried out by homophobes yelling anti-gay slurs as they swung baseball bats at the heads of their victims; and second, police in both cases classified neither assault as an anti-hate crime. What gives? What does it take to get officers of the law to prosecute hate crimes under existing hate crime statutes? While Dallas and Brooklyn are 1370 miles distant from each other and worlds apart culturally, they both have law enforcement resistant to investigate crimes against gay men as bias-motivated. The 2008 Brooklyn murder of José Sucuzhañay serves as an eerily familiar backdrop to the current Dallas attack on Kyle Steven Wear and his friend Alex. Like Dallasites Kyle and Alex, the Ecuadoran immigrant brothers José and Romel were walking together down the street in the wee hours of the night. The Brooklyn crime was carried out by two assailants swinging a broken beer bottle and an aluminum baseball bat, yelling anti-gay and anti-hispanic epithets. Trials in the Sucuzhañay case are proceeding right now in Brooklyn, where Hakim Scott has just been convicted of first-degree manslaughter, and his accomplice, Keith Phoenix, awaits an new court date since the New York judge dismissed all hate crimes charges and declared a mistrial because of a juror in the first Phoenix trial who refused to participate any further. The Brooklyn ball bat attack left José lingering five days in a coma from a broken skull before he died. The consensus of the supporters of Sucuzhañay family, outraged city officials, and the metropolitan New York media is that this ugly, brutal attack took place because Scott and Phoenix targeted two Hispanic men whom they mistook for gay because they didn’t like the way they looked. Wear and his friend Alex (last name still unreleased) were much more fortunate. As they walked along in the southwestern part of the Cedar Springs gay entertainment district in Dallas, “the gayborhood,” headed for the bars, four assailants only identified as Latinos wearing white tee-shirts, blindsided the pair shouting “Faggots, give us your fucking wallets!” according to WFAA News. Wear told WFAA on camera that he was knocked unconscious and his jaw was broken by one of the attackers swinging a ball bat. His friend, Alex, reported that he feared for his life as the homophobes forced him to the ground. The Dallas Police are refusing to classify the case as a hate crime, contending instead that the motive was to rob the gay men. But Alex isn’t buying it. He told Jonathan Betz of WFAA, “I still feel like that was why we were targeted in the first place, because we are gay. It was like it was funny to them.” John Wright of the Dallas Voice is outraged that the authorities have resisted investigating the Dallas ball bat assault as an anti-gay bias crime. In a May 16 post for the Dallas Voice blog, Instant Tea, he writes, “Despite the fact that the suspects yelled anti-gay slurs as they beat the victims with baseball bats, Dallas police have not classified the incident as a hate crime, which is an outrage.” Wright points out that Jimmy Lee Dean was nearly beaten and stomped to death in the same general neighborhood by two homophobic attackers in July 2008. Wright then shows that regardless of the refusal of Dallas law authorities to enforce Texas hate crimes law, federal hate crimes protections should kick in. The James Byrd, Jr. and Matthew Shepard Hate Crimes Prevention Act of 2009 classifies a hate crime as motivated in whole or in part by anti-LGBT bias. One major determining criterion of an anti-gay hate crime for the FBI is the use of epithets as the perpetrators carried out the crime. Anti-LGBT hate crimes are like the rest of life: seldom pure and simple. Other motives often accompany hate violence against gays, lesbians, and transgender persons: robbery, drugs, racism and sexism, to name a few. But homophobia and heterosexism, like a sinister bass line in a libretto, thread throughout all anti-LGBT hate crimes cases, targeting people who are assumed to be inferior, impure, and abominable because of their perceived sexuality. In Dallas and in Brooklyn, it seems baseball bats and anti-gay epithets are not enough to launch hate crimes prosecutions. Are anti-gay sluggers simply immune in Texas and New York? Again we ask, What does it take to get officers of the law to prosecute hate crimes under existing hate crime statutes? It takes an outcry from LGBT people and their allies so that law enforcement will not be permitted to backpedal on hate crimes against members of the sexual minority without a stink being raised to high heaven. If police and prosecutors are unfamiliar with what LGBT bias crimes are, they are responsible to educate themselves. If they are being intentionally obstructionist, then the mayor and the city council need to replace them with officials who will carry out the law.
Outrageous Verdict in the Sucuzhañay Hate Murder Case; Con Escapes Life Sentence
Keith Phoenix (l) and Hakim Scott (r) - NYPD mugshots
Brooklyn, NY – Testimony in Brooklyn’s Supreme Court corroborated Romel Sucuzhañay’s contention, that two young men attacked him and his brother, José Sucuzhañay, wielding a broken beer bottle and an aluminum base ball bat, screaming anti-Latino and anti-gay slurs. The assault left José with a broken skull. The Ecuadoran immigrant, 31 years old, living in the Bushwick section of Brooklyn, lingered in a coma for five days, dying just before his mother got to his bedside from Ecuador. Any reasonable person would call that a hate crime. Not the Brooklyn jury, however. They bought the defense line, that Hakim Scott, 26, was caught up in an unfortunate “escalating fight.” It did not seem to matter that a the prosecution established that Scott, who broke his beer bottle over José’s head before menacing Romel with the jagged glass, had dazed José to the point that his accomplice, Keith Phoenix, had an easy target as he lethally swung his bat. On May 6, the jury found Scott guilty, not of first or second degree murder and hate crime, but first degree manslaughter, allowing him to escape a life sentence for snuffing out an innocent man’s life. Scott and Phoenix didn’t like the Sucuzhañay brothers because they were Hispanic, and they appeared to be gay. While Scott will face a possible 40 years in prison for his manslaughter conviction when he is sentenced on June 9, it is hard not to say that there was a travesty of justice in this case. Now, because a juror refused to hear any more testimony in the Phoenix case, Judge Patricia Dimango has declared a mistrial, and the Sucuzhañay family and their supporters will have to wait further agonizing weeks to learn whether the 31-year-old ball bat perp will escape the full force of the law, too. Latinos, especially Ecuadorans, are outraged by the verdict. So are LGBT people. And justice has not been done for José Sucuzhañay. It seems that living at the intersection of two discriminations is very dangerous place to be in America.
Slain Ecuadoran’s Supporters Denounce One Brooklyn Verdict; Await Another
Hakim Scott listens to closing arguments in his trial for the murder of José Sucuzhañay (Ward photo for the Daily News)
Brooklyn, NY – Hakim Scott, 26, killer of Ecuadoran Immigrant José Sucuzhañay, escaped conviction for murder, but was convicted of manslaughter by a jury in Brooklyn Supreme Court on Thursday. No hate charge was sustained against Scott for the brutal slaying of the 31-year-old Sucuzhañay, who along with his brother Romel was mistaken as a gay man. The brothers were walking arm-in-arm against the cold early on December 7, 2008 in the Bushwick section of Brooklyn when Hakim and Keith Phoenix, hurling anti-gay and anti-hispanic epithets, attacked them with a beer bottle, their heavily shod feet, and an aluminum baseball bat. Family and friends of the victim swiftly denounced the verdict as soft and wrong-headed, according to several news sources. The New York Daily News reports that José’s brother Diego, vigorously maligned the verdict, saying, “There was testimony that these words of hate were used. We believe right now would have been a perfect time to send a message against hate, intolerism [sic] and racism.” On Friday, the Columbus, IN Republic interviewed Christine Quinn, speaker of the New York City Council, as she stood with Sucuzhañay’s three brothers outside the courthouse, “Look, two brothers were walking home. They weren’t bothering anybody. All of a sudden two guys jump out of a car and beat José and leave him for dead, calling him anti-gay and anti-immigrant names? That’s a hate crime,” she said. The Latin American Herald Tribune reported that Quinn further defined what kind of hate crime Sucuzhañay suffered: “Jose Sucuzhañay was murdered because Hakim Scott and Keith Phoenix did not like who he is and who they thought he was,” Quinn said. “And they attacked him, by all accounts, for no other reason than their hatred of the LGBT (lesbian-gay-bisexual-transgender) community and their hatred of Latinos and immigrants. That’s what killed Jose Sucuzhañay.” Quinn, Brooklyn Congresswoman Nydia Velazquez, and a number of other elected officials believe that the manslaughter verdict, which may entail a 25-year prison term for Scott, to be too lenient for such a savage killing. Diego, speaking for the Sucuzhañays on the courthouse steps during a Friday press conference, said, “The judicial system has failed to send a clear message. Our family still can’t understand how the jury has come to the conclusion that the attack on my brothers and the murder of José was not motivated by hate,” according to the LAHT. The trial of Keith Phoenix, who allegedly swung the bat so hard that it burst his victim’s skull, is still proceeding. The 30-year-old African American is being tried before a second jury seated in the same courtroom as the jury that convicted Scott of manslaughter. Phoenix is charged with murder and murder as a hate crime in the case. Members of the Scott jury who were willing to speak to the press speculated that Phoenix may likely be convicted of a hate crime for his part in the grisly bludgeoning of the Ecuadoran businessman. A verdict in his trial is expected sometime next week. As supporters await the Phoenix verdict, Walter Sinche, Director of the international Ecuadoran Alliance told a reporter for the Daily News, “Someday maybe we’ll get justice. Hopefully, these types of attacks will stop.”
Anti-Gay, Anti-Latino Murder Trial in Brooklyn; Assailants “Didn’t Like the Way They Looked”
José Sucuzhañay
Brooklyn, New York – After a year and a half, a murdered Ecuadoran immigrant mistaken as gay may get some justice. José Sucuzhañay, 31, a native of Ecuador with a real estate brokerage in New York, was savagely dispatched with a beer bottle, kicks and stomps, and an aluminum baseball bat, according to testimony reported by media throughout the Five Boroughs of New York. The trials of Hakim Scott, 26, and Keith Phoenix, 30, got underway in Brooklyn Supreme Court on April 10 for the 2008 murder of Sucuzhañay. Charges against the pair include second-degree murder, manslaughter, assault, and murder as a hate crime. If convicted, the alleged killers could face sentences of 78-years-to-life imprisonment. The defendants are being tried simultaneously before separate juries in a precisely choreographed judicial drama. At times, both juries are seated to hear the same testimony. At other times, dictated by the presentation of evidence, only one jury is present in the courtroom. As reported by the New York Times, José Sucuzhañay and his brother, Romel, visiting from Ecuador, were attacked at 3 a.m. on December 7, 2008 in the Bushwick section of Brooklyn because Scott and Phoenix “didn’t like the way they looked.” Prosecutor Josh Hanshaft, referring to Phoenix who allegedly wielded the bat, told the juries, “He didn’t like that they were Hispanic. From his eyes, it appeared they were a gay couple, a way of life he didn’t like and wasn’t going to tolerate.” In reality, both men were heterosexual. The Latino brothers had been drinking at parties in the neighborhood and were tipsy enough that they uninhibitedly hugged each other for support and warmth on a bitterly old night as they walked along. The attackers, who had also been partying that night, set upon them, yelling “faggot ass niggers” and “fucking Spanish,” from Phoenix’s red SUV. The prosecution believe that both assailants acted in concert to effect their victim’s death. Scott, Hanshaft said, emerged from the auto and smashed a beer bottle over José’s head. He then charged Romel with the deadly shards of broken glass, slashing at his neck. Phoenix took the bat, swinging it “high above his head,” and struck Sucuzhañay “over and over and over again,” Hanshaft said. “He came back with the bat and hit him two to three times on the head, cracking his skull wide open.” A Brooklyn cabbie at the scene witnessed the attack well enough to capture the license plate of the red SUV, but then had to cover his eyes with his hands, unable to watch the coup de grâce delivered by Phoenix. As reported by Chelsea Now, taxi driver Davi Almonte, speaking through an interpreter, told the court, “I didn’t want to see the head explode when it was hit. I could hear the impact [of the bat crushing his skull].” According to NY1, in testimony on the trial’s second day, Demetrius Nathaniels, cousin of Keith Phoenix, heard the bones cracking as Phoenix bludgeoned Sucuzhañay with the bat on his head, back, side and ribs. A coroner’s report confirmed that José died of a fractured skull from blunt force trauma. Romel, only superficially injured by Scott’s assault, was left stunned, nearly catatonic by the body of his brother who lay in a massive pool of blood, and had to be led away by police responding to the alarm raised by witnesses. The alleged killers sped from the scene. A toll booth video capture of the red SUV on the Triborough Bridge clearly shows Phoenix laughing and smiling barely 19 minutes after the fatal attack. Sucuzhañay was left brain dead, and placed on a ventilator at Elmhurst Hospital in Queens where he finally succumbed on December 12. An outpouring of grief and rage followed news of the murder, both in New York and in Sucuzhañay’s native Ecuador where the slain immigrant was given a near-state funeral attended by hundreds. New York Gay and Latino advocacy groups organized protests and vigils, while city officials roundly condemned the brutal killing. Philip J. Smallman, attorney for Phoenix, summed up the consensus of all concerned with events of December 7: “Does anything good happen at 3 o’clock on a Sunday morning in 30-degree weather, with people with bellies full of booze?” he asked. The Brooklyn trial is expected to last for a number of weeks.
About
If you are a first-time visitor to the Unfinished Lives Project website, we invite you to read A Welcome Message introducing you to our project. We are truly grateful for your visit.
The Unfinished Lives Project website is a place of public discourse which remembers and honors LGBTQ hate crime victims, while also revealing the reality of unseen violence perpetrated against people whose only “offense” is their sexual orientation, gender identity, or gender presentation. LGBTQ people in the United States are suffering a slow-rolling decimation of terror and murder all across the country. Every locale and demographic of society are affected: First Nations, Anglo, Black, Latino and Latina, South and Southeast Asian, Transgender, Bisexuals, Gay men, Lesbians, disabled, young, and mature. Homophobia has a long, crooked arm, and it is reaching out to snatch the life away from women and men whose tragic stories are under-reported to begin with, and whose memories are swiftly forgotten.
The horror of these killings transcends the shock and bereavement of loved ones and friends. These are not typical homicides; they are not killings for money or drugs, incidents of domestic strife, or crimes of passion. The vicious nature of hate crimes against LGBTQ persons is extremely brutal, grotesquely violent, and egregiously hateful.
Each murder serves the LGBTQ population as a sobering warning about the actual level of danger in our communities. The message these killings send is that freedom and open life for LGBTQ people is a cruel dream. Every time we remember one of these victims, however, the intentions of their killers are frustrated. To remember these women and men is to begin the process of changing the culture that killed them.
Our Project Director
Dr. Stephen V. Sprinkle (Keith Tew photo).
Stephen V. Sprinkle is Director of Field Education and Supervised Ministry, and Professor of Practical Theology at Brite Divinity School, Fort Worth, Texas, a post he has held since 1994. An ordained Baptist minister, he is the first open and out Gay scholar in the history of the Divinity School, and the first open and out LGBTQ person to be tenured there. Read More…
Recent Social Justice Advocacy Activity By Dr. Sprinkle
Summer 2009 – Dr. Sprinkle responded to the Fort Worth Police Department and Texas Alcoholic Beverage Commission Raid on the Rainbow Lounge, Fort Worth’s newest gay bar, on June 28, 2009, the exact 40th Anniversary of the Stonewall Rebellion. Dr. Sprinkle was invited to speak at three protest events sponsored by Queer LiberAction of Dallas. Here, he is keynoting the Rainbow Lounge Protest at the Tarrant County Courthouse on July 12, 2009. Read More…
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Communicate with the Unfinished Lives project team:
info@unfinishedlivesblog.com
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Dr. Sprinkle will gladly present his acclaimed presentation to your organization. To arrange an Unfinished Lives presentation for your organization or group, please contact us.
Dr. Sprinkle has given his Unfinished Lives presentation to these and other community groups and organizations. Read More…
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Steve Sprinkle
Unfinished Lives: Remembering LGBT Hate Crime VictimsBrite Divinity School/Texas Christian UniversityFort Worth TXprofessor, minister, author, blogger, LGBTQ advocate
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