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Newark Man Admits To Killing Lesbian Teen
Plea Deal Avoids Bias Murder Charge and Possible 118-Year Sentence


Mar 4, 2005 9:40 am US/Eastern
NEWARK (AP) A man charged with fatally stabbing a 15-year-old because she was a lesbian has pleaded guilty to aggravated manslaughter in a deal with prosecutors that will likely get him a prison sentence of 25 years or less.

Richard McCullough had been charged with bias murder in the May 2003 killing of Sakia Gunn. That charge was dropped in exchange for Thursday's plea, which he seemed reluctant at first to give.

"I stood in a defensive stance with my knife in my hand and she lunged at me,'' McCullough told Superior Court Judge Paul Vichness.

The judge did not accept that explanation. He threatened to reject the plea and order the case be sent to a jury trial, where McCullough could have been sent to prison for 118 years had he been found guilty on all the charges he faced.

It was then that McCullough, 30, said he slashed Gunn. McCullough also pleaded guilty to aggravated assault and bias intimidation.

Gunn and four other girls were waiting for a bus at 3:30 a.m. in downtown Newark after a night in New York's Greenwich Village when McCullough and another man drove up and asked them if they wanted to go to a party.

Officials say the girls responded that they were lesbians and were uninterested.

The men began spewing homophobic insults, then a physical fight began, authorities said. Gunn was stabbed as she came to the defense of a friend.

The case galvanized the previously quiet gay and lesbian community in New Jersey's biggest city and led to a debate about bias crime laws. McCullough's lawyer at one point challenged the constitutionality of the state's 24-year-old statute, which gives stiffer penalties to people convicted of committing crimes because they don't like a victim's race, sexual orientation or nationality.

The slaying drew attention to the gay community and led then-Governor McGreevey to proclaim in 2004 the date of Gunn's slaying ``No Name Calling Day.''

Vichness said he would sentence McCullough on April 21, most likely to a prison term between 20 and 25 years. He would have to serve 85 percent of it before being eligible for parole.
 
Irvine511 said:
Gunn and four other girls were waiting for a bus at 3:30 a.m. in downtown Newark after a night in New York's Greenwich Village when McCullough and another man drove up and asked them if they wanted to go to a party.

Officials say the girls responded that they were lesbians and were uninterested.

The men began spewing homophobic insults, then a physical fight began, authorities said.

Nice :rolleyes:. That's always the mature response to someone who says they aren't interested (and gee, if they weren't interested before, they sure aren't going to be after being insulted and attacked, morons). And I'm glad the judge didn't buy that guy's explanation...can't say I do, either.

What a horrible story...that poor girl (as well as the other girls who got caught up in this mess). May she rest in peace.

Angela
 
Irvine511 said:
this happens all the time, and like rape, it often goes unreported.

i've said it before, i'll say it again: homophobia kills.

:hug: Irving- I never got to post my thots in your question thread though I got to read alot of the serious stuff......I'm so sorry & :mad: :scream: to hear of yet another utterly henious homophobic crime.

it's probably appropo to say what i was going to say on your other thread here instead.

I grew up a pretty heavy Catholic....and between that and the genral society back in the early-mid sixites homophobia was a part of growing up. At least maybe because I'm a women it's was more making fun of & "eeeeewwww'- which are extremely painful esp if that's mostly what you constantly hear around you...but I didn't go around with a hidden simmering hatred that could manifest into physcial violence that some/?alot of men are more prone to.

But in college things began to change for me....

It wasn't many years after Stonewall, of whichliving in NYC was right up front on the Local News that eve/next day etc.
I was an Art student at one of the local but well known Art Schools [ours was a college as well] in the City. I also was an achitect buff becuase i loved both Painting/Drawing and was also very strongly into Sculpture. My Dad was an electrical engineer & lighting sales person so he got tons of Architectual Digest s etc arouind his work space. So I fell in love w architecture as it's 3-d sense of design.

Anyway the school has a very famous Architeture Dept in it. I made friends with a bunch of the Arch. students as wellas my Art friends ....and at some point started to develope a serious love & lust for one of my Arch friends there. Well, while i never said it perse, it seemed he was not interested. I can remeber a woman friend of his from one of the two Specialized H.S.'s in Art {i went to the other one} he also had gone to coming to visit him. He ran right over and gave her such a big enveloping hug in front of me. I was sooooo upset/embarressed ..... "why wouldn't/couldn't he do that to me etc etc...."

Some time later in the school student activities board & newslatter a notice went up..... ' in the spirit of Stonewall etc the new Gay Students Union of ________ will be having thier first dance party......' So I decided I'd pop in since all were invited. And soon afterwards I saw my friend dancing with another male student. Ohhh mmmy was I 'crushed'.

But an interesting thing in my feelings started to happen..... I cared so much for him, that I might have physivcally tried to stop/harm somebody who tried to harm him, or try to verbally scare off someone verbally abusing him. LAter it turned out another arch friend who i just really liked as a friend came out.

All that started me on the journey of shedding my anti-gay/lesbian upbringong which was something NOT harped on from my parents [luckily], but absorbed through the general times.

I can't say that an anti-gay thot dosen't cross my mind on occasion, but it's mostly of a way lighter form , not the kind of heavier stuff i used to think or even at times say. And I keep one working on detoxifying myself further still.

SInce that time on i've become friends with several gay men, worked at a small publishing group that had one party time/celebtiety & arts magazine [:( i wonder how many of the guys survived the original AIDS crisis- I know at least one did because he still writes in publications], and also have been friends with several lesbians many who've had long-time partners. I even have marched under the PFLAG banner in the annual Gay parade. I'm boasting here...it's something i feel at times needs to be done to show numbrers in support.
And it is a great fun parade for the most part.

Unforntunalely still ...homophobia kills, racism kills, sexism kills, religeous intolerEnce kills...... BIGOTRY CAN KILL ....and that's an extremely horrid, still tragic trait of Humanity in general at this point in our emotional & spiritual developement.

I'm grateful to have been able to change-- how many friends etc I'd not have because of self-imposed/ learned barriers from the above bigotries I've mentioned that also would be a personal tragedy to miss out on whole bunches of people from whom some friendships might develope!
 
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OOOOOPPPPS

:scream: :shifty: :reject:

the place i was at doing my net stuff was getting ready to close. So I printed out the whole thread to read at home....and noticed, as I'd gone through my mesage quickly to try and catch mistakes......I missed this....:uhoh:

what a faux paux on my part!
I meant to say "....I'm NOT boasting....."

After all going and marching under the PFLAG banner in NYC is not that big a deal......as a friend anyway...for me. But i did so to help the numbers. I've stood with friends to watch it go by and cheer and wave at the participants.

In fact considering the amount of gay-bashing that's going on these days.........probably time for me to join the march again....

and i spelled your name wrong....Irvine. Sorry.
 
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Scarletwine said:
:sad:

I belong to the Southern Poverty Law Center. They track hate groups and unfortunately the groups are targeting teenagers mainly through internet sites using music and group attraction. It is a serious growing problem. They have great resources for schools to use to help teach tolerance at every grade level. I was able to get my sons elementary school to pick up on some of the resources and am working on the Jr high.

I just recently watched a news program showing just a few of the vast number of web sites that are currently spewing hate and violence on the internet. My nephew ask me if I have been to any of them and how bad are they? I said I haven't since I just can't bring myself to even appear to be interested in something so vile. I read so much about it in other print I don't need to waste time on the interenet with it.
I did hear someone from the Southern Poverty Law Center speaking but I had walked into the room from the kitchen and missed that part. It wasn't Morris Dees however. He's a remarkable man. Great work being done at this Center Scarletwine, I know your proud to be a part of it.:up:
 
Irvine511 said:
Newark Man Admits To Killing Lesbian Teen
Plea Deal Avoids Bias Murder Charge and Possible 118-Year Sentence

"I stood in a defensive stance with my knife in my hand and she lunged at me,'' McCullough told Superior Court Judge Paul Vichness.

:huh: Did that jerk honestly believe the judge and jury were stupid enough to believe that statement?! "I wuz just standin' there holdin' mah knife, and she threw herself on it!" :rolleyes:

Irvine511 said:
Gunn and four other girls were waiting for a bus at 3:30 a.m. in downtown Newark after a night in New York's Greenwich Village when McCullough and another man drove up and asked them if they wanted to go to a party.

Officials say the girls responded that they were lesbians and were uninterested.

The men began spewing homophobic insults, then a physical fight began, authorities said.

Yep, way to prove what manly men they are: attack women who turn them down. Cowardly scumbags. :mad:

These people who commit hate crimes...no words are strong enough to express my disgust and anger with them. Doesn't matter if it's sexual orientation, race, gender, religion, economic status, whatever, nobody has the right to do that to anybody.
 
Sue DeNym said:
:huh: Did that jerk honestly believe the judge and jury were stupid enough to believe that statement?! "I wuz just standin' there holdin' mah knife, and she threw herself on it!" :rolleyes:



Yep, way to prove what manly men they are: attack women who turn them down. Cowardly scumbags. :mad:

These people who commit hate crimes...no words are strong enough to express my disgust and anger with them. Doesn't matter if it's sexual orientation, race, gender, religion, economic status, whatever, nobody has the right to do that to anybody.

*Applauds*

My thoughts exactly.

Angela
 
Here's an update to the article I posted on the gay-bashing case in Santa Fe last year. When I read the somewhat misleading headline I thought justice had been served. As I read the article, I got pissed off. Four of the six get probation and community service, two of them go to the state penitentiary for a 60-day evaluation before final sentencing. I have a feeling that despite the fact that the victim was in a coma for 8 days, the guilty will walk.

Gay-Bashing Case
"I will never forget this’"
Defendants sent to prison, become first sentenced under hate-crime law
Santa Fe New Mexican, April 6, 2006

30627_600x400.jpg

James Maestas listens in District Court on Wednesday during the sentencings of six men who took part in last year’s attack on him and Joshua Stockham outside a Santa Fe hotel. All sentences in the gay-bashing case included hate-crime enhancements.

The two men most culpable in the beating of two gay men more than a year ago were led out of state District Judge Michael Vigil’s courtroom in handcuffs Wednesday.

“Both of you need to see the inside of the penitentiary,” Vigil said to an audible gasp from the men’s friends and families. “The viciousness of this attack warrants you going to the penitentiary to see where you will live your life if this type of activity continues.”

Vigil ordered Gabriel Maturin, 21, and Isaia Medina, 20, to each undergo a 60-day psychological exam at the New Mexico State Penitentiary in Los Lunas for their roles in the beating. After that, the two men will reappear before Vigil for further sentencing.

All six men accused in the early-morning attack on James Maestas, 22, and Joshua Stockham, 24, in the parking lot of a Cerrillos Road motel Feb. 27, 2005, appeared for sentencing Wednesday afternoon. And all of them became the first defendants in New Mexico to be sentenced under the hate-crime statute passed in 2003. The prosecutor, Shari Weinstein, who helped author the legislation , said the law was designed for a case such as this.

Two of the defendants, who were slated to go on trial later this month, accepted plea bargains and were sentenced alongside their fellow defendants . The two — Jonathan Valdez , 21, and Paul Montoya, 20 — along with Joseph Cano, 19, each were sentenced to three years of supervised probation and 500 hours of community service that will include speaking to high-school and college students about what they did. The three were the least culpable in the attack, according to earlier testimony.

Vigil ordered another man accused in the attack, David Trinidad, 18, to participate in an “intense” treatment program in Las Vegas, N.M., for adult sexual offenders, then serve five years of probation afterward.

In a phone interview after the sentencing, Maestas said he was OK with the sentences handed down for Valdez, Montoya and Cano as well as for Trinidad, “I really think he needs help.” But his sympathy doesn’t extend to Maturin and Medina.

“When Gabe and Isaia got up and looked at me and said they were sorry — you can say sorry as many times as you want, but it doesn’t change anything,” said Maestas, who spent eight days in a coma after the attack. “What happened that night — 10 more minutes and I would have been dead.”

Maestas, who suffered facial trauma and aspirated on his own blood, told Vigil he had to learn how to walk and talk again as well as relearn to perform everyday tasks like dress himself. The pain on the faces of his family as they helped him with those tasks was painful, he said.

“I will never, ever forget this,” Maestas said. “Having someone hate your lifestyle so much that they would physically beat you is hard to accept.”

http://www.freenewmexican.com/news/41899.html
 
You beat someone to death, you get life in prison or death. You beat someone almost to death and you get 60 days of evaluation and probably probation.

:|
 
martha said:
Here's a question that hasn't been answered: How the fuck do you get probation for raping a child????

Where's that judge's head?

He got probation for raping a child in a previous unrelated incident, and now he gets probation again, along with sex offenders treatment.

There are some mostly outraged commentaries from readers (several of whom I know, lol) in the newspaper's online story in the link I provided above, and one of them said that New Mexico is the probation capital of the West. Another comment sums up the situation like this, and there's truth in it:

You know, really, this article has nothing to do with gay and EVERYTHING to do with the constant inside favors of the judicial system in New Mexico. Whether the victim is gay, or is hit by a drunk driver, or hit/robbed by a local drug addict, the result is the same: If you are a native and your family is well-connected enough, the justices in New Mexico are AFRAID of causing bad relations in their local community, so they go light on sentencing.

I've seen it way too many times where the perpetrators of many crimes of various sorts in New Mexico get hand slaps and nothing more. The favors have to stop. Back to tough love.


Another comment, in reference to how many family and friends of the perps showed up to speak on their behalf and how this seemed to influence the judge:

So, if twenty-twentyfive people stand up as your supporters in court then you can exculpate yourself from involvement in a gruesome and vicious crime?
 
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joyfulgirl said:


He got probation for raping a child in a previous unrelated incident

This is what I'm having a problem with. What kind of deeply, deeply fucked up system allows a man who rapes a four year old probation???????


eta: And doesn't probation mean that if you do something else, you go to jail? Doesn't nearly beating someone to death count as doing something else? It sure sounds like the folks in NM need to address this issue.
 
martha said:


This is what I'm having a problem with. What kind of deeply, deeply fucked up system allows a man who rapes a four year old probation???????


eta: And doesn't probation mean that if you do something else, you go to jail? Doesn't nearly beating someone to death count as doing something else? It sure sounds like the folks in NM need to address this issue.

He's 18 now and I'm not sure when the rape of the child occurred but perhaps his age was taken into account? But yes, you're absolutely right, there is local outrage that he got probation again and we suspect it's the good ol' boys protecting their own. I found it interesting though that the victim said he had no problem with that guy's sentence (which included sex offender treatment) because he thought he really needed help. He's a bigger person than I'd be, I'm afraid.
 
martha said:


This is what I'm having a problem with. What kind of deeply, deeply fucked up system allows a man who rapes a four year old probation???????


eta: And doesn't probation mean that if you do something else, you go to jail? Doesn't nearly beating someone to death count as doing something else? It sure sounds like the folks in NM need to address this issue.

Apparently the system is really fucked. We have some completely stupid judges running the courtrooms. There was a case around here where a judge gave a light sentence to convicted child molestor, after he pleaded guilty to kidnapping an eleven-year-old boy and threatening him with a screwdriver.

She also yelled at the prosecutor who questioned the light sentencing.

http://cbs4boston.com/topstories/local_story_305083628.html

I'd really like to know what these judges are thinking and how they sleep in bed at night knowing that they let these people get off lightly.
 
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