Jury convicts Keith Phoenix of murder as a hate crime

A Brooklyn jury found a man guilty of murder as a hate crime in connection with José Sucuzhañay’s death.

The panel deliberated for several hours before it convicted Keith Phoenix on the charge late last night; and attempted assault as a hate crime against Romel Sucuzhañay. The verdict comes nearly two months after a jury convicted Hakim Scott of manslaughter, but acquitted him of second degree murder as a hate crime.

Members of the Sucuzhañay family, City Council Speaker Christine Quinn and other elected officials and activists criticized Scott's acquittal on the hate crime charges, but they welcomed Phoenix’s conviction in statements they released after the jury announced its verdict.

“No verdict will ever bring peace to the family and friends of José Sucuzhañay,” said Quinn. “However, last night we received justice in the form of a guilty verdict of murder as a hate crime against Keith Phoenix.”

Ana María Archila, co-executive director of Make the Road New York, agreed.

“Although nothing will ever restore the life of José Sucuzhañay, this verdict will bring some measure of peace and justice to the family and the community,” she said. “We must now continue to work together to eradicate violence from our streets, and to promote public policies that respect and honor the humanity of LGBT and immigrant communities.”

Prosecutors maintain Phoenix and Scott shouted anti-gay and anti-Latino slurs at Sucuzhañay as he and his brother walked home on Dec. 7, 2008, before they beat him to death on a Bushwick street corner. Scott faces up to 25 years in prison, and Phoenix could potentially spend the rest of his life behind bars.

"On Dec. 8, 2008, our city woke up to the sad news that anti-immigrant and homophobic hatred had taken another precious life away,” continued Archila. “The murder of José Sucuzhañay reminded us all that you do not have to be gay to be the victim of homophobia, and you do not have to be undocumented to be the victim of anti-immigrant violence.”

Sucuzhañay hate crime retrial continues

This blog has certainly taken on a more Fire Island-centric feel in recent weeks, but it is important to point out the retrial of the second man prosecutors contend shouted anti-Latino and anti-gay slurs at Ecuadorian immigrant José Sucuzhañay before they beat him to death continues in a downtown Brooklyn courtroom.

Duncan Osborne reports on his blog Kuson Nelson testified he heard the driver of a red SUV yell anti-gay slurs at the victim and his brother Romel before he and another man attacked him.

“The driver in the front was talking to the two Hispanic males,” testified Nelson as he proceeded to describe to the jury what he said he heard. “Look at those two little faggot motherfuckers right there.”

Prosecutors contend Hakim Scott and Keith Phoenix beat Sucuzhañay and to death on the corner of Bushwick Avenue and Kossuth Place on Dec. 7, 2008. A jury convicted Scott last month of manslaughter and attempted assault charges, but not as a hate crime. A separate panel could not reach a verdict in Phoenix’s trial.

The case is expected to go to the jury sometime next week.

Judge declares mistrial in Sucuzhañay case

After four days of deliberations, a Brooklyn judge declared a mistrial in the case of a man who allegedly beat José Sucuzhañay to death.

Prosecutors contend Keith Phoenix and Hakim Scott shouted anti-gay and anti-Latino slurs at Sucuzhañay and his brother as they beat him with a broken bottle and a baseball bat near the intersection of Bushwick Avenue and Kossuth Place on Dec. 7, 2008. A separate jury convicted Scott of manslaughter on Thursday, May 6, but acquitted him on the hate crime charge.

The New York Times reported Phoenix's retrial will begin on June 15, but Ana María Archila, co-executive director of Make the Road New York, summed it up best when she discussed the mistrial during an interview earlier today for a story on which I'm working for EDGE.

“This case dominates a lot of people in these communities and highlights the need to do so much more than to win a verdict,” she said.