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)
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