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Manslaughter, hate crimes conviction for Brooklyn man who targeted gay victim
Three others involved in attack are being tried separately
Published Thursday, 11-Oct-2007 in issue 1033
NEW YORK (AP) – A jury convicted a Brooklyn man of manslaughter and on hate crimes charges Friday for an attack on a gay victim at a remote city beach that led to the victim’s death.
John Fox was one of two young men on trial for their roles in the assault on Michael Sandy, who was ambushed and chased into traffic during a mugging a year ago. A car struck Sandy as he fled onto Brooklyn’s Belt Parkway, fatally injuring him.
The jury acquitted Fox of a murder charge, but found him guilty of second-degree manslaughter and attempted robbery. Jurors also found that the offense amounted to a hate crime, a distinction that will add time to Fox’s sentence.
He faces between five and 25 years in prison on the manslaughter charge, Brooklyn prosecutors said.
A lawyer for Fox, John D. Patten, did not immediately return a phone call seeking comment on the verdict.
Fox, 20, was part of a group of young men accused of going into an Internet chat room frequented by gay men last October in order to find a potential robbery victim.
Prosecutors said the men lured Sandy, 28, out to the beach by offering him a date with Fox, who was posing as another gay man.
A second jury is separately considering murder, manslaughter and hate crimes charges against a second member of the group, Anthony Fortunato.
Fortunato’s defense has included a claim that he is himself gay, and had never intended for the episode to turn violent. He said the group initially planned only on conning Sandy out of money and marijuana.
Fortunato’s attempt to use sexual orientation as a defense failed when Judge Jill Konviser of State Supreme Court in Brooklyn, said in a written order in August that prosecutors need show only that the victim, not the perpetrator, was chosen because of his sexual orientation to pursue charges under the state’s Hate Crimes Act of 2000. The law provides for longer sentences on conviction for crimes motivated by racial, religious and other characteristics of a victim.
The jury in Fortunato’s case resumes deliberations Tuesday.
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