67-year-old Austin man trots out "gay panic" defense in 32-year-old film editor's murder

[TexasTowelie]

AUSTIN (KXAN) — Austin police have charged 67-year-old James Miller in Monday’s East Austin “suspicious death,” according to an arrest affidavit.

The call to police came in around 3:45 a.m. on Sept. 21 from a service station at the 700 block of East 8th Street. Miller told Austin police “I think I killed someone,” and “I stabbed him.”

The affidavit states that Miller said “We were playing. We were doing the good music. We were playing back and forth and everything and I just let him know- Hey, I’m not gay. We been playing. We’re musicians and all that kind of stuff, but I’m not a gay guy. Then it seemed like everything was alright and everything was fine. When I got ready to go- it seemed like {expletive} just started happening.”

Once APD arrived Miller led them to a house on the 1100 block of Navasota St. Looking through the window police said they could visibly see an unresponsive man laying on the floor of the home. Whiskey bottles and beer cans were also found in the house.

Miller claimed the victim’s name was David. The deceased man was later identified as 32-year-old Daniel Spencer; he was pronounced dead at 4:38 a.m.

Read more: http://kxan.com/2015/09/23/suspect-charged-with-murder-in-east-austin-suspicious-death/