Shooting And Killing His Gay Cousin Didn’t Fit The Definition Of Murder, Jury Says

  • metta

    Posts: 39104

    Sep 26, 2015 3:12 AM GMT
    Shooting And Killing His Gay Cousin Didn’t Fit The Definition Of Murder, Jury Says




    "A Multnomah County jury on Thursday voted 10-2 that Hickman didn't commit murder, which under Oregon law is defined as an "intentional" killing. Instead, they found Hickman guilty of first-degree manslaughter, which Oregon law defines as killing a person "recklessly" and with an "extreme indifference" to human life. The manslaughter conviction allows Hickman to serve a 10-year prison sentence, a much lighter term than the life sentence he could have received if convicted of murder."

    http://www.thenewcivilrightsmovement.com/ericrosswood/here_s_why_this_man_will_get_a_light_sentence_after_killing_his_gay_cousin
  • Posted by a hidden member.
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    Sep 26, 2015 3:33 AM GMT
    In the United States, gay lives still don't matter to many citizens. Multnomah County (where I lived for a time) is a mix of conservatives & Mormons, with some liberals in Portland, the County Seat. If a good defense team was more clever than the prosecution (not usually very difficult), they would have maneuvered to have a jury that was not sympathetic to gays, to say the least.

    Justice in the US is more than a little problematic. And at times can be manipulated and bought & sold, resulting in wildly different results around the country.
  • Posted by a hidden member.
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    Sep 26, 2015 9:59 AM GMT
    This is why I'm not coming out directly. I'll just show up to the family reunion one day with my partner, and if my father gets pissed, I'll kill his homophobic ass first, as I know he has a gun.

    The gay defense law is still in effect. We need to arm ourselves.

    Especially us asian and black gays.
  • jeepguySD

    Posts: 651

    Sep 26, 2015 2:32 PM GMT
    Based on the details provided in the article, it seems like a case of murder, not manslaughter.
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    Sep 26, 2015 4:04 PM GMT
    They were both Gay. It wasn't a homophobic response.





    Prosecutors: Sex between cousins leads to killing

    The two men had been involved in a sexual relationship



    hickman.jpg?w=640
    The killer

    large_591661_IMG_59749352617974.jpeg
    the victim

    "Herring and Hickman, although first cousins, were reportedly involved in a sexual relationship since 2005, according to prosecutors.

    Herring, police said, was “outing” Hickman as a homosexual by telling people about his sexual partners.

    The cousins had reportedly taken interest in the same man, police said."

    http://koin.com/2015/09/16/sex-between-cousins-leads-to-killing-trial-begins/

    I agree with the jury, it wasn't murder. Not lying in wait. The cousins had a 8 year relationship. It sounds like a text book definition of Voluntary Manslaughter:

    In most jurisdictions, voluntary manslaughter consists of an intentional killing that is accompanied by additional circumstances that mitigate, but do not excuse, the killing. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit the Homicide. It is sometimes described as a heat of passion killing. In most cases, the provocation must induce rage or anger in the defendant, although some cases have held that fright, terror, or desperation will suffice.

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    Sep 26, 2015 4:20 PM GMT
    If the case had been about a woman shooting a man calling her a slut and a whore, the conviction would likely be the same.

    If there's a homophobe here, its the prosecutor trying to play the gay victim card.

    Manslaughter is the correct conviction for a heat of passion offense.

    http://criminal.findlaw.com/criminal-charges/voluntary-manslaughter-overview.html
  • rebelbeard

    Posts: 558

    Sep 26, 2015 8:23 PM GMT
    Yes! This is spot on!
  • Sincityfan

    Posts: 409

    Sep 26, 2015 8:31 PM GMT
    Oh, it's gay on gay...and it wasn't premeditated so the conviction is correct.

    That reporting agency clearly has an "agenda." It's not like he was some drunk minor that mowed down 7 people and got away with a simple rehab sentence. Now that was a massive injustice.
  • Posted by a hidden member.
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    Sep 27, 2015 1:14 PM GMT
    Art_Deco said Multnomah County (where I lived for a time) is a mix of conservatives & Mormons, with some liberals in Portland, the County Seat.


    Just jumping in to the defense of Multnomah County: it is one of the most liberal counties in Oregon, specifically with respect to gay rights. In the last presidential election, it swung Democratic 76/21. Also, it granted gays marriage licenses back in 2004, when Mayor Newsom did the same in San Francisco. It took the Oregon Supreme Court to put an end to it.

    This is definitely not the place where conservatives and Mormons would be able to push through anything.