Law Austin Man Avoids Charges for Murder For Stabbing Neighbor, Uses 'Gay Panic' Defense

Austin, TX resident James Miller avoided charges of murder and manslaughter for the fatal stabbing of his neighbor, Daniel Spencer, using the gay panic defense in court this week. Instead, Miller was found guilty of criminally negligent homicide.

Miller testified that he and Spencer were playing music together and drinking in Spencer’s home when Spencer allegedly made sexual advances on Miller. When Miller rejected those advances, he says Spencer became angry and aggressive.

At 5’ 4” and 69 years old, Miller said he thought Spencer (32 and a full eight inches taller) might hurt him, and therefore he acted in self-defense. Miller stabbed Spencer in the back, and Spencer later died.

Prosecutors pointed out that Miller didn’t have a scratch on him and argued that the notion that deadly force was used appropriately for self-defense was “ludicrous.”

The gay panic defense, which Miller invoked, is when a defendant argues that they were unusually violent only as a temporary reaction to unwanted sexual advances from a gay person. While the American Bar Association recommends that all states ban the gay panic defense, it’s officially only been banned in California and Illinois.

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https://intomore.com/impact/Austin-...ghbor-Uses-Gay-Panic-Defense/a89761541b5445a0
 
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>Victim stabbed in the back
>"He was aggressing me!!!"

Yeah, man, everyone knows when a faggot rapes you they advance ass-first, in an attempt to insert your dick into their butt. All the anti-gay-rape self defense courses teach you about that common stance.
 
I really want to know how the gay guy was making advances on this old black guy. Like, what did he think the magic pick up line was that would convince a 60 year old straight black guy to gay it up with him?

All jokes aside, I'm gonna bet it was less hitting on him, and more "Yknow, this guy's such a good friend, I feel comfortable finally coming out to him. I bet he'll be supportive."

And whoops, now he's dead. S'what you get for assuming a black dude was ok with gays.
 
Right. I'm sure a cute young man like him was totally hitting on a decrepit old ugly ass shitskin.
I agree, even a lot young black people are ugly and expect people to believe they're the sexiest creatures in the world. Too bad he won't be able to use the "gay panic" defense with Tyrone in jail.
 
From what evidence I have generally picked up vis-a-vis african americans reacting to "down low brothas", they're basically the physical embodiment of that old stereotype about straight men assuming every gay person is always thinking about molesting them.

Except the part where instead of being socially intolerant, they fucking murder the poor bastard.
 
>Prosecutors pointed out that Miller didn’t have a scratch on him and argued that the notion that deadly force was used appropriately for self-defense was “ludicrous.”

Self defense in America (or least in the good parts) doesn't work like that. You don't have to wait to become a victim before you defend yourself, you're actually allowed to defend yourself to prevent becoming a victim. Not necessarily saying this particular incident was a valid case of self-defense though.
 
The article and this thread is just outrage bait.

If anyone were to actually read the article he was convicted of criminally negligent homicide and got 6 months jail, 10 years probation, 100 hours of community service, and has to pay $11,000 to the victims families.

The gay panic defense was never even used, he argued self-defense, "Since the defense's strategy was to argue self-defense". The article added the gay panic defense for more clicks.

And the prosecutor even said they didn't know what happened, "We don't know exactly what did happen in that house that night"
 
The article and this thread is just outrage bait.

If anyone were to actually read the article he was convicted of criminally negligent homicide and got 6 months jail, 10 years probation, 100 hours of community service, and has to pay $11,000 to the victims families.

The gay panic defense was never even used, he argued self-defense, "Since the defense's strategy was to argue self-defense". The article added the gay panic defense for more clicks.

And the prosecutor even said they didn't know what happened, "We don't know exactly what did happen in that house that night"

The point is that he most likely murdered the dude in cold blood and deserves worse.
 
I find it hard to believe that a young guy like that would be hitting on some old grandpa when he could easily find a partner his own age. I think something else went on and the old man was terrified of dying in prison and made this up on the fly.
 
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