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.”
Transphobic Attacker Slashes “IT” into Chest of Victim
Long Beach, CA – A Cal State Long Beach graduate student who identifies as a transgender man was forced into a campus toilet stall on April 15 and had the word “IT” carved into his chest with a sharp instrument. The mystery attacker, depicted to the left in a police composite sketch, approached his mark in a men’s toilet on the west side of the campus at around 9:30 pm. He somehow knew his victim’s name, asking if his name was “Colle.” When Colle Carpenter, a 27-year-old F to M graduate student, said yes, the attacker pushed his target into the stall, forcing him against the stall door. He grabbed Carpenter by the T-shirt, yanking it up over his head and exposing his bare chest, as reported by the Long Beach Press-Telegram. After slashing Carpenter, the assailant rushed form the scene, leaving his victim bleeding, shaken, and terrorized. The suspect, described as a 5-foot-10-inch, thin white male with light complexion and dark hair, has neither been identified nor apprehended as of this writing. He was wearing a dark hooded sweatshirt and dark khaki shorts, according to Rick Gloady, a spokesperson for CSULB. As the investigation has proceeded, some community organizations have criticized the university for not immediately releasing information about the attack to the press. Carpenter, however, defended the school’s actions to the L.A.Times blog, L.A.Now, “I’m aware the university has come under some criticisms regarding communications and response, in general,” he said. “But again, I feel that the administration’s response has been focused on the investigation and my wellbeing.” Scores of concerned students and townspeople gathered in support of Carpenter and all victims of transphobia on campus this past Thursday for a “Take Back the Night” march and rally. Carpenter, still recovering from his injuries and leaning on a cane, told the crowd that his attacker was motivated by hatred. The word carved into the flesh of his chest was chosen to demean him as a human being, trying to make him feel “less than human.” But his foe ultimately failed. “I am not less than human,” he told his supporters, “I am not more than or less than anyone standing here today.” Carpenter went on to say, “I know this did not just happen to me. This happened to every member of the community. Those of us who are visibly queer are scared. I have been terrified to come back to campus.” He concluded his remarks, “Thank you for helping me get through this.” Campus officials said that the slashing attack was a one-of-a-kind incident, and do not expect there to be another like it. Meanwhile, the manhunt continues for the transphobic suspect who signs his bigotry in the flesh and blood of his victims.
Gay College Student Beaten by Homophobes, Ignored by Oklahoma Police
Claremore, OK – A 24-year-old gay college student was beaten late last month by three men screaming anti-gay slurs as he took out the trash at his apartment complex. Phillip Nelson, an out and open gay man, was jumped and thrashed in the quiet town of Claremore, approximately a half hour drive north of Tulsa. Investigators have basically blown off the incident, leaving Nelson emotionally wounded in addition to his physical injuries (see photo at left). EDGE reports that Nelson is struggling to cope with the combination of brutal attack and police indifference to a hate crime against him. “I keep calling them and leaving voice mails but I never hear anything back,” Nelson said during an EDGE interview. “No one ever returns my calls, which has me wondering if they’re kind of trying to let this thing die out and go away, or if they are going to do anything about it.” Media coverage outside the gay blogosphere has been sparce. Besides the EDGE report, which according to Michael Lavers grew from a tip given by one of their readers, only one other story has appeared in the news media. Oklahoma lawmakers aver that laws protecting LGBT people are not needed in their state, and in a notorious move by State Senator Steve Russell, legislation has been introduced to circumvent the James Bryd, Jr. and Matthew Shepard Hate Crimes Prevention Act, signed into law by President Obama in October 2009. The Oklahoma House of Representatives has not yet voted on the bill, which passed the State Senate last month. Nelson’s case is a clear reason why protection statutes for LGBT Oklahomans is urgently needed. Nelson’s three attackers who remain unapprehended by local police as of this writing, assaulted him while screaming “You are going to die!” and “Faggot!” leaving him with multiple bruises and cuts on his face and over his body. Days later, his antagonists broke into Nelson’s apartment and scrawled “Fag” on the walls. Though Nelson reported the beating to Claremore police, no police report of the attack was filed until Nelson called in law enforcement for the break-in. Then, in what may have been an attempt to cover their tracks, the police insisted that Nelson file separate reports on both crimes. The whole ordeal has shaken Nelson, but as he told EDGE, he has had to face homophobia all his young life. “I’ve been called names all my life, even by my family members; and after a while I learned to get numb from it,” he said. “I just got numb from a lot of things. I’m happy with myself and that’s all that matters.” LGBT Oklahomans grow tough in the Sooner State. They have to.
Grief and Outrage Over Transgender Murder in Puerto Rico
Corozal, Puerto Rico – The Washington Post reports that scores of sobbing mourners wearing tee shirts emblazoned with the likeness of Ashley Santiago Ocasio attended her funeral Friday in the central mountain town of Corozal. Her mother, Carmen Ocasio, told reporters from Prima Hora that her 31-year-old transgender daughter had no enemies she was aware of, no one she could imagine taking her life. “I lost my daughter,” she said. “I’m in shock. Why would someone kill Ashley, why?” Authorities are still searching for a lead in the case, but as the LGBT community in Puerto Rico has come to expect, authorities have not invoked the 2002 hate crime statute that would send a convicted killer to prison for life. Though the drumbeat of pressure is mounting for prosecutors to apply the unused hate crimes law to LGBT victims, prospects for doing so in this case do not look promising. Pedro Julio Serrano, spokesperson for the National Gay and Lesbian Task Force in Puerto Rico, points out that five recent crimes should have been designated terror-attacks against not only the victims, but the entire LGBT population. Hate crimes against members of the sexual minority are “message-crimes,” meant to drive the LGBT community into fear and hiding. As Serrano notes, one of the five recent cases was the November 2009 decapitation, dismemberment, and immolation of gay teen Jorge Steven López Mercado in Caguas. A charge of first-degree murder has been filed against the youth’s alleged killer, but the hate crime statute has not been invoked even in a slaughter so gruesome as this. In the Santiago case, police are speculating that robbery may have been a motive in the slaying of the popular, attractive beauty salon owner. Two evidentiary aspects of the investigation so far seem to argue against a robbery motive alone, however. First, Ms. Santiago’s home showed no signs of breaking and entering. Someone she knew probably carried out the murder. Even though her automobile was taken from the scene, as Pedro Serrano observed to the Post, “The law is very clear and we’re asking authorities to investigate without prejudice. Even if Ashley’s death was also a robbery, there could be the angle of hate. We need that to be investigated,” Serrano emphasized to the Post. The chief investigator has promised to used the Puerto Rican hate crimes law “if the evidence warrants it.” The second aspect of the murder that suggests Serrano is right, that hate against Ms. Santiago was probably a factor is the extreme nature of the crime scene. There was so much blood, so widely pooled and spattered, that police believed from the beginning of the investigation that the victim had been stabbed multiple times, hardly likely for a robbery alone. The overkill typical of anti-LGBT crimes is clearly present in the Santiago slaying. The community of Corozal is stunned in the wake of their most notorious murder. Ms. Santiago was well-liked in town, confident that her transition was the fulfillment of herself as a person. She had commenced hormone therapy, and had undergone breast surgery, according to Serrano. The usually neglected Transgender Community on the Caribbean island paradise is waiting for a break in the case, and firmly demanding justice for their sister Ashley.
Brutal Stabbing Death of Puerto Rican Transwoman Possible Hate Murder
Corozal, Puerto Rico – Ashley Santiago’s mother pressed police to investigate why she had not heard from her daughter since Sunday, April 18. When law enforcement entered Santiago’s home on April 19 in Corozal, a municipality just 25 miles southwest of San Juan, they found her naked body in a large pool of blood collapsed on the kitchen floor. She had been stabbed 14 times, according to the report of authorities to El Nuevo Día. Police also reported that they could not find Santiago’s 2009 Toyota Corolla parked outside her home. EDGE Boston picked up the story overnight, and has flashed it across the United States’ LGBT blogosphere. Santiago, 31, was a popular hair stylist at a local salon. Echoes of the savage dismemberment-killing of gay teen Jorge Steven López Mercado in November 2009 still reverberate around the island. His alleged murderer, Juan A. Martínez Matos, has yet to stand trial for the beheading, butchery, and attempted immolation of his victim. After several postponements, Martínez Matos is docketed to stand trial for the murder of López Mercado in Caguas on May 3. While law enforcement officials have not yet designated Santiago’s murder as a hate crime due to the perceived sexual orientation or gender identity and expression of the victim, LGBT activists across the region are calling on police to invoke Puerto Rico’s seldom-used hate crimes statute which covers anti-LGBT hate crimes. Pedro Julio Serrano, noted San Juan activist who represents the National Gay and Lesbian Task Force in Puerto Rico, told EDGE, “The authorities have a legal obligation to investigate this hate angle. We urge the police and the prosecutor to appropriately investigate this murder; to determine whether it was motivated by prejudice and if there is enough evidence to classify it as a hate crime at this moment.” As Transrespect Versus Transphobia, a TVT monitoring agency in Europe reports, a transperson’s murder is reported every third day throughout the world, on average. for the last year and a half. Authorities acknowledge, however, the deep under-reporting of the actual number of transphobic murders.
Judge Rules Mistrial in Duanna Johnson Civil Rights Case: One Juror Hangs Federal Jury
Memphis, TN – A federal judge in Memphis has ruled for a mistrial in the case of former Memphis Police Officer Bridges McRae, on trial for violating Duanna Johnson’s civil rights. Memphis LGBT advocates are calling the decision “a failure of the justice system,” according to myeyewitnessnews.com. Johnson, a transgender woman of color, was repeatedly punched and beaten by McRae with handcuffs wrapped around his knuckles and pepper-sprayed as she was being processed for a prostitution charge at a Memphis police station on February 12, 2008. The beating was captured on a police surveillance tape, and reaction to the video prompted an immediate investigation resulting in the firing of McRae and a second officer, James Swain. Johnson had filed suit against the city on the basis of the videotape and the testimony of witnesses who declared that the brutal beating was unprovoked. Nine months later, as the New York Times reports, Duanna Johnson was shot to death with a bullet to the head on the night of November 9, 2008. Johnson’s murder, which remains unsolved, prompted intense scrutiny on the original beating case, and charges were filed in federal court for violation of the transwoman’s civil rights. Besides the controversial videotape of her beating, five witnesses testified in court that the attack on the 6’5″ 250 lb. Black transwoman was wanton, there being no reason for it in her behavior. Will Batts of the Memphis Gay and Lesbian Center, who had watched the surveillance tape repeatedly, said to myeyewitnessnews.com, “[The beating] looked to be unprovoked. It looked to be excessive on the part of the police officer. It looked to be just an attack on someone in a police station with other people standing around. And it was just incredibly violent.” McRae’s attorney argued that his client was simply exercising necessary force to subdue Johnson, blaming her for resisting arrest. Eleven jurors were convinced of McRae’s guilt. One was not, however, and after the jury deadlocked, the judge declared the mistrial. The Memphis LGBT community refused to take the news lying down. A rally in protest of the judge’s ruling will take place April 20 in front of the Federal Courthouse. “Would it have been different if Duanna were not transgendered,” Batts asked in a press interview. “If it were just an average person from the suburbs that happened to be sitting in that jail room on that day and had this kind of response from the police, would the decision be different?” Both the prosecution and the defense are to meet with the judge to determine a date for a new trial for McRae.
Desecration of Gay Corpses in Senegal; Gay Men Hunted Like Animals
Remembering Sean William Kennedy (1987-2007)
April 8 would be Sean Kennedy’s birthday, if someone hadn’t killed him for being gay. Sean would have been 23. He would be doing all those things he loved to do on his birthday, according to his Facebook Profile: “Hanging Out, Music, “Playing” Music, Talking, Being Crazy,Going Out, Movies, Driving Around Being Crazy, Listening To Music, Watching My Shows, Clubs (When Im In The Mood)” But in the wee hours of May 16, 2007, a fun night at Croc’s Bar in Greenville, South Carolina turned deadly when a homophobic young white man took it upon himself to punish Sean for being “other.” Sean’s mom, Elke Kennedy, relates what happened that night on the home page of Sean’s Last Wish, a foundation she and the family established so that Sean’s memory would live on, and his story would continue to change hearts and minds about LGBT people in America: “[That night] Sean was leaving a local bar in Greenville when a car pulled up beside him, a young man got out of the car, came around the car, approached my son, called him a ‘faggot’ and then punched him so hard that it broke his face bones. He fell back and hit the asphalt. This resulted in his brain [being] separated from his brain stem, ricocheting around in his head. Sean never had a chance. Sean’s killer got back in his car and left my son dying there. A little later he left a message on one of the girl’s phones who knew Sean, saying, ‘You tell your faggot friend that when he wakes up he owes me $500 for my broken hand!'” Stephen Moller, Sean’s 19-year-old killer, was given virtually every break the legal system in South Carolina could give him. He was sentenced to 5 years for involuntary manslaughter by subtly shifting the blame to his victim, and pleading for special treatment because he had fathered a child. The sentence was shortened to 3 years, he was given credit for time served and for being a good prisoner. Moller was given an early release parole hearing in February 2009, but thanks to the efforts of his mother, his stepfather, and hundreds of letter-writing protestors from around the nation, he was denied parole. Even then, Moller, who had gotten his GED behind bars, was released on July 7, 2009, a full week early from the already short sentence he had served for killing a young gay man who did him no harm other than being who he was. The justice system failed Sean as it has failed so many before and since. Elke Kennedy has gone on to become one of the most courageous and effective witnesses to the rights of LGBT youth in the United States. Sean’s Last Wish Foundation is making a difference for LGBT young men and women every day. But Sean is gone. The loss of his life is inestimable to his family, to the queer community, to his friends, and to the world he made a better and happier place because of his unquenchable spirit. One of his favorite sayings rings as true today as it did when he first published it on MySpace and Facebook: “We Could Learn Alot From Crayons” he wrote: “some are sharp, some are pretty, some are dull, some have weird names, and all are differant colors… but they all exist very nicely in the same box.” Who was this funny, wise, vivacious gay soul? We read his words about himself, and catch just a glimpse of what we lost when hatred and ignorance took Sean away: “i am 19 and my name is sean. i live in greenville, sc. it is a boring city. i love to meet new people. i love hanging out with people, chilling, shopping and having have a crazy fun time. ill do anything , i can have a fun time doing anything. i can have a fun time doing anything. i am a fun and crazy guy. ill do almost anything.im always on. so dont be scared to leave me a message.” We wish we could, Sean, today on your birthday. It will have to suffice that we will work in your name, remembering you, until justice comes for all your people and ours.
Transgender Woman Murdered in Queens
Queens, NY – The last images we have of Amanda Gonzalez-Andujar are on a video capture at the entrance to her apartment building in the Ridgewood neighborhood of Queens with a tall man wearing a dark hoodie. Sometime late on Friday, March 26 or very early on Saturday, March 27, Ms. Gonzalez-Andujar, 29, was strangled to death in her home. Her body was not discovered until March 30, stripped of all her clothing except for her bra, lying across the bed in her ransacked apartment. Her Marilyn Monroe photos, part of a collection of Marilyn memorabilia her friends said was precious to her, were destroyed, frames smashed and images defaced. Police are continuing to investigate the apparent homicide, and have not yet issued a statement about the possible hate crime aspect of the case. It is difficult to believe that some form of transphobia or gender hatred did not motivate the murder to some degree, given the destruction of the Monroe photographs. The search is still on for the tall man who accompanied her into her home, a person authorities and friends presume to be Ms. Gonzalez-Andujar’s boyfriend. The New York Daily News, which broke the story, reports that a neighbor called police after becoming alarmed the evening of the 26th about the sound of a loud argument in the apartment. When the landlord beat loudly on the door, however, no one answered. One of the problems attendant to translife is a subtle form of isolation separating a transperson from getting to know neighbors in the usual way people relate in communities. This isolation probably contributed to the lag time between Ms. Gonzalez-Andujoar’s disappearance and the discovery of her body in a fully occupied apartment building. A laptop with potential evidence of the identity of her murderer was missing, perhaps stolen in an attempt to slow law enforcement from tracking him down. EDGE Boston reports that the Queens Pride House and the Transgender Legal Defense and Education Fund are expressing alarm at the continuing violence against transfolk in New York’s five boroughs. In a joint statement to the press, Pride House and TLDEF said, “As organizations serving the transgender community, we are very concerned about the safety of transgender women within our community. We condemn the violence against Amanda Gonzalez-Andujar and encourage swift action by law enforcement to apprehend suspects, and to fully investigate this brutal crime and bring all appropriate charges.” Commenting on the difficulty transgender women face in the United States, MtoF transwoman from Queens, Justine Valinotti writes in her blog, transwomantimes, “If we–that is to say, our souls–go anywhere after this life, I hope Amanda finds love and acceptance there.”
Big Sentence For Galveston Hate Crime Attacker
Galveston, TX – Alejandro Sam Gray,18, (pictured at left), wasn’t expecting a 20 year sentence for chunking a 4 lb. hunk of concrete into a gay man’s head at a gay bar, but the judge had other ideas this past Friday. According to the Galveston County Daily News, 212th District Court Judge Susan Criss, said: “It has been suggested that the actions by (Gray) were done because of his youth, because of his immaturity and because he was following the wrong crowd, and I am not buying any of that. He made a decision to commit a crime of violence and a crime of hate.” Gray pled guilty to assault with a deadly weapon, and to a hate crime enhancement charge, since he and accomplices chose a gay bar for their violence-spree on Sunday, May 1, 2009. Along with two brothers, Lawrence Henry Lewis III (20), Lawrneil Henry Lewis (18), Gray, 17 at the time of the attack, swung the door of Robert’s Lafitte Lounge, a landmark gay bar on Galveston Island for years, heaving rocks and jagged pieces of concrete block being used as door stops at patrons. One struck Marc Bosaw in the back of the head, leaving a gash in his scalp that required twelve staples to close. James Nickelsen was also wounded and treated at the scene. The three youths ran away after the assault, but police apprehended them within 10 blocks of the bar. All three were arrested and charged with assault with a deadly weapon, and placed under $120,000 bond. The hate crime enhancement came later when it was determined that they had deliberately intended to terrorize gay men. Texas passed a state hate crimes law including a provision to protect gays and lesbians back in 2001, but the James Byrd, Jr. Hate Crimes Act has been invoked so infrequently in the Lone Star State that it has been all but ineffective. As Equality Texas noted in 2009, though more than 1,800 hate crimes occurred in Texas during a nine-year period from 2001 to 2009, only 9 cases in the state were prosecuted under the provisions of the law. Hunter Jackson, a University of Texas journalism intern and hate crime survivor opined, “With the recent passage of the Federal Hate Crimes Bill, more pressure will likely be on Texas prosecutors to obtain hate crime rulings, since the bill gives the federal government power to intervene when states are not upholding the provisions of their own hate crime statutes.” That was the case in Galveston this past week. Judge Criss handed down a stiff penalty for anti-gay hate. Gray’s accomplice, Lawrence Henry Lewis III, had struck a plea deal back in January and was sentenced to 5 years in prison. The Galveston County District Attorney had asked the same for Gray, and most expected the same sentence. Gray’s lawyer argued for deferred adjudication for his client. Some are calling the sentence excessive. Philip Lipnick, a youth counselor and director of Galveston Youth Creating Their Own Future, had testified on Gray’s behalf at the trial, and told the Daily News, “More harm than good will be done by this. (Gray) has never had a criminal record before this. He was in the wrong place at the wrong time. I don’t know what kind of message the judge is trying to send.” Sounds to us at the Unfinished Lives Project that the judge’s message to Gray and to Texas couldn’t be clearer. The other Lewis brother is to be tried in April.





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. 

