Texas man gets probation after using 'gay panic' defense to explain killing his neighbor
Source: LGBTQ Nation
By Bil Browning · Friday, April 27, 2018
Daniel Spencer Family photo
James Miller of Austin, Texas was found not guilty of manslaughter and murder by a jury after killing his neighbor, Daniel Spencer. After Miller used the “gay panic” defense, claiming Spencer made a pass at him, the jury found him guilty of criminally negligent homicide and sentenced him to 10 years of probation.
While a handful of states have outlawed the defense tactic and the American Bar Association has called on states to ban it, in Texas it is still legal to get away with murder by saying a gay man’s advances can justify killing him.
The judge was required under state law to honor the jury’s recommendation but also added on six months of jail time, 100 hours of community service, and restitution of $11,000 to the victim’s family. Miller will also have use a portable alcohol monitoring device for at least a year.
Miller and Spencer were drinking and playing music together shortly before the attack. Miller argued he reacted in self-defense but never claimed that Spencer intended to cause him bodily harm. Prosecutors argued during the case that blood evidence found on the scene disputed Miller’s claims.
Read more: https://www.lgbtqnation.com/2018/04/texas-man-gets-probation-using-gay-panic-defense-explain-killing-neighbor/
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As long as you say afterward, "We'll, I thought he might be gay, and I thought he might be hitting on me,"
:
We are nothing but a "wedge issue" or a "punchline" to many people. Our lives, our loves, and our existence is a problem for many people. Homophobia and heterosexism (heterosexual privilege) are ripe and rank in the US (and the world), and, sadly, it isn't a wholly right/left issue either. But, until enough of us are murdered, we don't matter. It is still legal to discriminate against us in several states because we are gay and deny us housing and employment. Let me say that again it is LEGAL to discriminate against gay people in several US states! LEGAL! Almost every week, I read stories about one state or another's legislatures preparing anti-gay laws, today, in my state of Oklahoma, they are trying to LEGALLY...that's right, LEGALLY, deny GLBT people from adoption. We have a "president" who "joked" his VP would like to have us put to death! Of course, almost as disgusting was the rush of people to claim the reason for Pense's death wish for the GLBT is because he is a secret faggot himself! See, because homophobia doesn't exist in the straight world, it is only sad, pathetic, self-loathing homos responsible for homophobia! 
I would say we matter, but I know we don't.
No justice for minorities, gays, anyone different. Fuck Texass.
I did theatre in high school. Most of the gentlemen in my troupe were gay. One of them made a pass at me and I said, "I'm really flattered that you find me attractive, but I'm not wired that way." Something like that, anyway. He and I were best friends for years afterward. Hell, he taught me how to sing better!
Why did this guy feel a need to execute someone because they may have been attracted to him? I seriously can't wrap my brain around that kind of abject lunacy.
Rest in peace, Daniel. I'm sorry you were robbed of your life, and that Texas robbed you of justice. This is the very definition of injustice.