Mixed Verdict In Sandy Case
By Keith Boykin, in sexuality
Saturday, October 6 2007, 12:30PM
John Fox, a defendant in the Michael Sandy murder trial, was convicted of manslaughter and attempted robbery as hate crimes, but acquitted of the more serious charge of felony murder. The jury verdict was announced late Friday, as a separate jury deliberating the same charges against Fox’s co-defendant, Anthony Fortunato, 21, retired for the long holiday weekend without reaching a verdict.
The jury of seven men and five women reached a verdict rather quickly, indicating to some observers that they did not understand the complexity of the law and the charges. The jurors began deliberating early in the afternoon on October 4 and at 4:12 pm on October 5 they told the judge in the case that they had reached a verdict. Sandy's parents (shown above) said they were neither satisfied nor dissatisfied with the verdict. “Things like this shouldn’t happen,” said the victim's father, Ezekial Sandy. “Hopefully something greater will come out of it.”
Konviser will sentence Fox on October 24. He could get anywhere from five up to 25 years, with the requirement that he serve six-sevenths of his sentence before being eligible for parole.
Fox, another defendant Ilya Shurov, and Fortunato faced the same charges but Shurov will be tried later. The fourth defendant, Gary Timmins, testified for the prosecution in exchange for a four-year sentence after pleading guilty to attempted robbery as a hate crime.
Comments conceal
Ostend Street
October 6 2007, 7:57PM
How Sad! Does the family have any recourse in a situation like this? Does anyone know what else could be done?
countryblackgaydude
October 7 2007, 2:31AM
I hope they get the max sentence. The victim appeared to be an intelligent, very young man. He was very handsome. I know his parents are hurting. I can see that the victim resembled both parents. His life should not have ended. We need a documentary on the murders of black gays. I have seen too many lately in the news. Much attention to this crisis is needed in order to stop it.
MLee
October 7 2007, 12:30PM
In my state if you rob someone and that person dies during the robbery, no matter how they died even from a heart attack, all robbers involved are charged with first degree murder. In this case, a jury would never have been given the option to convict on a manslaughter charge. A person convicted of first degree murder is sentenced to life in prison with no parole.
brucito
October 7 2007, 2:47PM
This should send a message to all who go online searching for sex and whatever else. YOU DO NOT KNOW FOR SURE WHAT THE INTENTIONS OF THE PERSON OR PERSONS YOU ARE CONTACTING ARE. GET IN FRONT OF A WEBCAM AND HAVE THE OTHER PERSON DO THE SAME. IF A PERSON IS WILLING TO TYPE ALL ABOUT THEMSELVES BUT BALKS AT SHOWING THEIR FACE LIVE TO VERIFY THAT IT REALLY IS THE BOTH OF YOU THEN THAT SHOULD BE THE RED FLAG THAT SOMETHING IS WRONG HERE. I still believe that the bathhouse is the safest place to meet. I know what many of you may think about those places but keep in mind you do not know what type of disease the person who claims not to have ever set foot in one (a bathhouse) might have. Meeting a stranger somewhere and then taking them to your house or following them to a place where they say they live but you dont know for sure really sounds a bit off to me. It pains me to read how Mike Sandy thought he was going out for some good sex but lost his life instead.
Billy
October 7 2007, 5:17PM
Thanks Keith for your strict media watch of this trial.
Gregg
October 7 2007, 7:57PM
I not only find this as a lack of justice, but the lack of a jury pool in this country that understand hate crimes. Particularly with regard to the LBGT community.
Luther
October 7 2007, 11:41PM
What a shame, this murderer will be out in a year or so with time already served since he'll get the 5 year sentence knowing NY judges, and this isn't justice, well, justice since it was a black man, and a gay black one at that. Why was there even a trial? For this slap on the hand, they should have just done a plea bargain. This whole hate crimes thing is not what many think it will be, all you have to do is get a defense attorney to confuse a jury, and this is the out come, justice not served.
But, had it been 5 black kids do it to a white gay guy from Chelsea, I would bet the house this verdict would have been different, and the prosecutor made sure they understood the intent and what a hate crime is.
Yet another travesty of justice in this lame country, not any sort of mixed verdict, just the worng one.
And, sorry brucito, anyone who tricks with a stranger in this day and age of nuts and thiefs, can end up just like poor Mr Sandy, be it in a dark park or a dark room in a bathhouse.
reality_check
October 8 2007, 1:01AM
I hate to be the lone dissenter...but was it the intent of those guys to kill him? Or were they just gonna rob him? I'm sorry but because they did not actually KILL MR. Sandy, I can't see justifiable cause for a murder conviction...manslaughter yes, but not murder. Mr. Sandy was struck by a car as he fled... those guys are scumbags...but I can't say that they are murderers.
Kenneth Winfrey
October 8 2007, 9:34AM
@reality_check: I agree. I don't think they (the perpetrators) really realized that Michael Sandy would die in traffic running from them. The difference between murder and manslaughter is when a death occurs but there is no intention to kill, and death is due to recklessness or criminal negligence; I think this really is a case of criminal negligence.
Don't get me wrong though...a crime like this, obviously perpetuated in the context of his sexual orientation, defnitely looks like a good place to apply hate crime measures.
With a range of five to 25 years, the real justice will be seen in the sentencing--which is likely why Sandy's parents said they were neither satisfied nor dissatisfied with the verdict [at this point.]
Blue
October 8 2007, 10:37AM
I think Reality Check and Kenneth pretty much summed it up. Though in my heart I feel they should get the harshest of the harsh punishments ... I am willing to bet most jurors had the same question on their minds. Was it their intention to kill him? We'll never know. I do think that's the issue that made this a murky thing for a jury to take up. The whole situation is very sad and tragic.
Andy
October 8 2007, 10:54AM
so, does that mean if you are looking for a trick, he wants to rob you, and you 'accidently' die, he should get what this jury gave, get a slap on the hand? it was still a human life that was taken, and, only when its a black man does it not amount to anything wotrth a jury to take the time to actually consider the facts. this verdict is a joke, so, it could also be said that men who troll for sex in parks are asking for whatever happens, and, if you end up dead, oh well, your killer will get off, laugh about it like these losers did, and your family left to suffer.
i think we all know whatthe judge will say, 5 years with time served.
N.Athon
October 9 2007, 12:31AM
They str8-up murdered this brotha -- do NOT be fooled! The previous posters "Andy" & "Luther" are absolutely correct: If the perpetrators were a bunch of brothas who did this to some dude from Chelsea/Soho, they'd never see the light of day. Black life really is worth nothing to some people . . . and it hurts man.
To the previous poster name "brucito": You can still catch the Monster (and a bunch of other stuff) at bath houses and still get shanked! Some of Michael Sandy's murderers came out as "gay" later on, and I'm sure Michael Sandy didn't know he was meeting-up with a whole group of them to begin with . . . so your suggestion of a "web cam" or what-have-you would not have made much difference because they would have just stuck one person's face in front of the camera and then still tried to jump Michael when he showed-up to meet.
Finally, 2 those who cry manslaughter I shout MURDER! Correct me if I'm wrong, but didn't they lure him, beat him, chase him AND rob his body before leaving him 2 DIE!
Chris
October 12 2007, 5:59AM
Well Mr Winfrey and "Reality Check" here's a question for you.
Unfortunately Michael was a victim murder by vehicle. Now those guys did not "per say" kill him. Now think if he would have never ran and allowed the continuing of being beaten. You don't thnk they're inetentions was to BEAT HIM TO DEATH? Not to be quoting Bible verses. But this fits perfectly
Proverbs 23-7
7 For as a Man thinketh in his heart, so is he: Eat and drink, saith he to thee!
And TRUST AND BELIEVE to beat him to death was in their hearts and cruel intentions. Only an automobile mistakenly saved them the trouble. I hope they get the Max and hopefully at every paroll hearing Mrs Sandy goes and make sure they continue to serve time for what they did!
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