jhameia: ME! (Call To Arms)
[personal profile] jhameia
Remember Angie Zapata? She was killed because she was a transgendered woman, and the man she'd had sexual relations with couldn't see her as human as a result, and killed her.

Now his attorney is arguing that he was driven to kill her because she, a transgendered object, a non-entity, a freak, had dared to smile at him.

GREELEY — Allen Andrade told his girlfriend that he "snapped" when he learned the woman he had oral sex with the night before was biologically a man.

Indeed, until he confronted 18-year-old Angie Zapata in her Greeley apartment in July, Andrade had no reason to believe she was born Justin Zapata, Andrade's attorney argued Thursday at his preliminary hearing in Weld County District Court.

Zapata's closet was full of women's clothes and her apartment was decorated with a female's touch, testified Greeley police Detective Greg Tharp.

Only when Andrade grabbed at Zapata's crotch did he discover the truth. But when she smiled at him and said, "I'm all woman," it drove an enraged Andrade to commit murder, attorney Annette Kundelius said.

"At best, this is a case about passion," Kundelius said. "When (Zapata) smiled at him, this was a highly provoking act, and it would cause someone to have an aggressive reaction."

She argued Thursday that the first-degree murder charge filed against Andrade for Zapata's murder be dropped to second-degree murder.

But Weld County District Judge Marcelo Kopcow ruled otherwise Thursday, citing evidence the 31-year-old Andrade killed Zapata with deliberation.

Andrade hit Zapata several times with a fire extinguisher after he confronted her about her transgender status, Kopcow said.

He said he also considered several statements Andrade allegedly made while in custody that showed his anger toward Zapata and gays in general, including Andrade referring to Zapata as "it."

When his girlfriend told him her cellphone was dying during a conversation with him, he said that was gay and "all gay things need to die," Tharp said.

Andrade also said that he was trying to put the murder behind him and there was "no use crying over spilled milk," Tharp said.

Kopcow declined to drop a felony bias-motivated crime charge, which could lengthen Andrade's sentence if convicted.

The judge refused to set bail for Andrade, citing the capital nature of the crime. Another hearing in the case is set for Nov. 6.

Let me reiterate again:

Just because Angie did not reveal that she was transgendered is NO EXCUSE FOR MURDERING HER. (And YES, there have been assholes asserting this, in some fucked up "oh come on people try to understand HIS point of view" manner.)

Just because a person smiles at you doesn't make it a provocation TO THE POINT OF MURDER.

Just because a person who isn't the type of person you'd normally be attracted to comes on to you IS NO REASON TO KILL.

Pizza Diavola's reaction on Shakesville sums up my other feelings:
this was a highly provoking act, and it would cause someone to have an aggressive reaction.


(no subject)

Date: 2008-09-20 06:51 am (UTC)
From: [identity profile] eiko82.livejournal.com
I'm appalled that this guy is claiming that he "trying to put the murder behind him and there was "no use crying over spilled milk,"".

WTF?!? I'm sure you wouldn't say that if someone you loved GOT BLUDGEONED TO DEATH WITH FIRE EXTINGUISHER!!! The man is a monster and he deserves the death penalty or life in prison without the possibility of parole.

(no subject)

Date: 2008-09-20 01:12 pm (UTC)
From: [identity profile] jordan179.livejournal.com
In fact, I could take the lawyer's argument and use it as the basis for stating that his client needs to be locked up for the rest of his life. If he's such a raving homicidal lunatic that he kills when smiled at by someone he finds unattractive, how long would it be before he killed again?

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