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.
https://intomore.com/impact/Austin-...ghbor-Uses-Gay-Panic-Defense/a89761541b5445a0
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.
https://intomore.com/impact/Austin-...ghbor-Uses-Gay-Panic-Defense/a89761541b5445a0
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