We had a server outage, and we're rebuilding the site. Most of the site features won't work. Thank you for your patience.
imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

Colorado Justice! Man found GUILTY of Murder of Trans Woman!

by Carolina Friday, Apr. 24, 2009 at 1:38 AM

Story originated from the Anti-Violence Project Legal Services of the L.A. Gay & Lesbian Center



GREELEY, Colo. -- A man who beat a transgender teen with a fire extinguisher has been found guilty of first-degree murder and hate crime, in what has become a landmark court case in the state and the country.

Allen Andrade, 32, is expected to spend the rest of his life in prison, which is the mandatory sentence. Sentencing will occur at 4 p.m. He was also found guilty of aggravated motor vehicle theft and identity theft, but he will be sentenced on those charges at a later date.

The jury deliberated for less than two hours before reaching the landmark verdict Wednesday afternoon.

This was the first case in the country where a hate-crime statute has been used in the death of a transgender person. Colorado is one of the few states with a hate-crime law that covers transgender people. Zapata's death has sparked calls for a national hate-crimes law.

During the trial, prosecutors painted Andrade as a man who hated homosexuals.

They played taped conversations he had in jail with two of his girlfriends. In those conversations, Andrade downplayed the slaying, saying it wasn't like he "killed a straight, law-abiding citizen" and referring to Zapata as an "it."

"His own statements in the jail call betray the way he values Angie's life, the way he thought of her as less than, less than us because of who she was," Chief Deputy District Attorney Robb Miller told jurors. "Everyone deserves equal protection under the law and no one deserves to die like this."

Defense attorney Annette Kundelius said Andrade had no time to react or think about his actions when he discovered Zapata was biologically male.

"This is not something that people plan for," Kundelius told jurors. "This isn't a situation where people know how they would act."

Kundelius asked jurors to consider the lowest possible charge, criminally negligent homicide.

When the verdict was read, Andrade put his hand to his chin and wiped his goatee. Zapata's family hugged each other and cried openly.

Andrade has not denied beating Zapata, but his lawyers argue he snapped after discovering she was biologically a man and that the killing was not planned, but an act of passion stirred from deception.

Prosecutors argued Andrade knew for 36 hours that Zapata was biologically male. They argued in court that Andrade went to traffic court with Zapata and saw that when the clerk called out for "Justin Zapata," Angie Zapata stood up.

Prosecutors said Andrade beat Zapata to death with a fire extinguisher out of his dislike for homosexuals. Prosecutors allege Andrade may have been confused by his own sexuality, or was experimenting -- even visiting a bisexual chat room in the social networking site MocoSpace. Andrade and Zapata met through MocoSpace.

"Angie Zapata died because of who she was," said Prosecutor Robb Miller in his closing arguments Wednesday morning. "This is not a 'who done it.'"

Judge Marcelo Kopcow told the jury Wednesday morning that the burden of proof is on the prosecution. He said if prosecutors have failed to prove all the elements of premeditated murder, jurors could find the defendant guilty of a lesser crime such as murder in the second degree, manslaughter or negligent homicide.

Jurors must decide if the defendant was acting in a sudden heat of passion or if the killing was planned, Kopcow said.

Miller argued that the slaying is not a lesser offense or a result of reckless manslaughter. He said reckless is a car accident.

"This is much more than reckless. His intent is seen at the crime scene. His intent is heard in the jail calls ... Hitting someone time after time in the forehead with a fire extinguisher shows exactly what the intent was ... it was nothing less than first-degree murder," Miller said.

Miller said this was not "heat of passion" because a reasonable person in that situation would have left. If Andrade was so repulsed by Zapata, why would he stay at her house for 12 hours, or take her car -- it would have been a constant reminder, Miller said.

What is clear, Miller said, is that the defendant had more than enough time to do what a reasonable person would have done -- walk away.

Defense Attorney Annette Kundelius argued that Zapata deceived Andrade.

"He was not a girl. He was not a boy. He was a man," Kundelius said.

Kundelius said prosecutors talked about the multiple blows being evidence that the crime was planned.

"I'm arguing the opposite. The injuries were only to one part of the face. There were no other injuries," Kundelius said.

"First-degree murder hasn't been proven in this case, there is no evidence of it. He didn't have time to think about this, he just reacted," she said. "Mr. Andrade reacted to the situation he was in ... Prosecutors would have you believe that a reasonable person would have left. That's what you have to decide."

Two detectives, a former roommate, a female friend and an acquaintance testified on Tuesday that it was difficult to tell Zapata was a man based on her appearance, the way she carried herself and women's clothes in her apartment.

But one witness appeared to counter the defense's claim that Andrade was deceived.

"She definitely sounded like a male trying to sound like a female," said David Hedstrom, who knew Zapata through her sister, Monica Murguia, who also goes by Monica Zapata.

During four days of testimony, prosecution witnesses testified that Andrade's DNA was found on cigarette butts, a sex toy in Zapata's apartment, and a purse belonging to Zapata that Andrade later gave to one of his girlfriends. That evidence, along with tape-recorded jail phone calls in which Andrade expressed disdain for homosexuals and alluded to Zapata's slaying, proved crucial because the judge threw out comments Andrade made to investigators after requesting an attorney.

Investigators said those comments included Andrade saying he struck Zapata twice with a fire extinguisher when he confronted her about her gender. Investigators also said Andrade told them Zapata had performed oral sex on him the night before.

During the taped conversations with two of his girlfriends, Andrade downplayed the slaying, saying it wasn't like he "killed a straight, law-abiding citizen" and referring to Zapata as "it."

Prosecutor Robb Miller finished his closing statement to the jury around 12:30 p.m. At 2:30 p.m., the eight-man, four women jury notified the judge that they had reached a verdict.



Report this post as:

Local News

Woolsey Fire: Worst News of 2018? J01 12:18AM

Oppose Environmentally-Harmful Development D10 4:03AM

Oppose Environmentally-Harmful Development D10 3:58AM

OUR HOUSE Grief Support Center Presents Night for Hope O30 5:38PM

Marshall Tuck’s racist dog whistle O27 5:01AM

Marshall Tuck’s ethnocentrism contradicts Californian values O27 4:32AM

Contra Costa-Hawkins O25 3:48AM

Debunking Some Anti-Prop 10 Propaganda O12 6:56AM

Why Should California Choose De Leon Over Feinstein? O10 9:55PM

Change Links September 2018 posted S02 10:22PM

More Scandals Rock Southern California Nuke Plant San Onofre A30 11:09PM

Site Outage Friday A30 3:49PM

Change Links August 2018 A14 1:56AM

Setback for Developer of SC Farm Land A12 11:09PM

More problems at Shutdown San Onofre Nuke J29 10:40PM

Change Links 2018 July posted J09 8:27PM

More Pix: "Families Belong Together," Pasadena J02 7:16PM

"Families Belong Together" March, Pasadena J02 7:08PM

Short Report on the Families Belong Together Protest in Los Angeles J30 11:26PM

Summer 2018 National Immigrant Solidarity Network News Alert! J11 6:58AM

More Local News...

Other/Breaking News

A Mistake: Jesse Jackson-Toyota deal-in Lexington -Ky is .8 billion over 10 years 2018 J20 1:17AM

If Trump Declares a AantionalEmergency, He'll Be Breaking the Law J20 12:47AM

Jesse Jackson's Sneak Attck on Toyota Lexington Ky and it's workers 2018 J19 9:12PM

Video: Chris Herdges in Eugene, 1 hr 24 min J19 5:37PM

FAKE NEWS J19 2:31PM

MACROTHSCHILD.2 J19 11:03AM

Judge Delays Ruling on Puerto Rico Debt Deal White House Opposes Island's Food Assistance J18 6:04PM

BATACLOWNS J18 9:28AM

FALSAS VICTIMAS J18 9:22AM

Paraphysique de proxémie guerrière J18 7:59AM

MACROTHSCHILD J17 9:38PM

FARCELONA 8.17.2017 J17 3:23PM

DEAD MAN LIVING J17 10:46AM

DIARY OF A CON MAN J16 10:40PM

PR Debt Cancel, Judge Reviews Cofina Debt J16 9:04PM

Réseautage, fragmentation du capital J16 4:20PM

Paraphysique de manipulation mentale et sociale J15 9:51AM

The Global Justice Project and Human Survival: We're Badly Off Track J15 5:08AM

The Global Justice Project and Human Survival: We're Badly Off Track J15 5:08AM

The Global Justice Project and Human Survival: We're Badly Off Track J15 5:08AM

Markets as a Fetish, Globalization, and Dissent Management J14 1:03PM

State Debts - The Primal German Fear J13 5:09PM

Sans liberté, sans égalité, sans fraternité J13 8:09AM

From Progressive Neoliberalism to Trump - and Beyond J12 9:22PM

Copper Cures Cancer J11 1:42PM

Steven Taylor, Investor who Evicts J11 9:24AM

Du sectarisme, des sectes, des clans J11 8:10AM

“Animaniacs in Concert!” Starring Voice Legend Rob Paulsen J10 6:34PM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy