A judge ruled
Thursday that three men accused in Michael Sandy's death
can be prosecuted for a hate crime without evidence that
they were motivated by hatred for gay men, The New
York Times reported.
Sandy was struck
by a car October 8 on Brooklyn's busy Belt Parkway while
fleeing his tormentors, whom police say met him online and
lured him with promises of sex to a nearby beach to
rob. Sandy, 29, a designer for Ikea, was put on life
support and declared dead five days later.
"The defendants
deliberately set out to commit a violent crime against
a man whom they intentionally selected because of his sexual
orientation. Thus, the hate-crime charges in this case are
consistent with the intent of the legislature," the
Times quoted supreme court judge Jill Konviser
as ruling.
John Fox, Ilya
"Alex" Shurov, and Anthony Fortunato, all 20, are
charged with murder as a hate crime. In videotaped
statements aired in court, the defendants told police
they meant only to rob Sandy and blamed each other for
his death. They face 20 years behind bars if convicted,
the New York Daily News reported.
Defense attorneys
had sought to lose the hate-crime enhancement, saying
the three defendants' behavior did not come under the scope
of the law.
A fourth man,
Gary Timmins, is cooperating with prosecutors and has not
been charged. (Barbara Wilcox, The Advocate)
