“Provoking Smile” Defense Rejected in Murder Case

Jim Burroway

September 19th, 2008

We’ve had some strange defense excuses in LGBT murder hate crime cases, excuses which often amount to blaming the victim. But the most outrageous example has to be this one: a defendant in a Denver-area murder case who complained that “she smiled at me.”

Yesterday, Weld County (Colorado) District Judge Marcelo Kopcow ruled against a motion to lower the charge in the case of murdered transwoman Angie Zapata from first degree murder to second degree murder. Her killers lawyers contended that the defendant, Allen Andrade, was provoked into killing her when she smiled at him:

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.”

Judge Kopcow ruled against the request, citing evidence that Andrade killed Angie deliberately, hitting her several times with a fire extinguisher. He also expressed anger against gays while in custody, and repeatedly referred to Angie as “it.” Judge Kopcow also declined to drop the hate crime charge in connection with the felony.

rev byrd tetzlaff

September 21st, 2008

One can only hope that Judge Kopcow will be removed from office speedily.

Timothy Kincaid

September 21st, 2008

Rev Tetzlaff,

I think you may have misread.

Judge Kopcow protected the honor of the victim and refused to allow her murderer to use a “it smiled at me” defense. The judge was the good guy in this situation.

Yuki Choe

September 21st, 2008

And any decent human being in this world will agree that a person who calls himself “REV” should think carefully before parroting such justification, just because the DEATH and MURDER of a transgender PERSON seemed to be insignificant compared to his presumed prejudice of transwomen.

A murderer who KILL and DEHUMANIZE another fellow human being, calling the person “IT”. REV, you are advocating blatant hate murder by agreeing to a lighter sentence? What are you thinking.

Tiff

September 21st, 2008

I’m glad that the blame-the-victim “transgender panic” defense apparently isn’t working in court anymore.

Timothy Kincaid

September 22nd, 2008

Yuki,

I believe that Rev. Tetzlaff did not intend to suggest that this defense was appropriate. Byrd Tetzlaff has long been an advocate for the GLBT community and unless someone else is using her identity, I believe she just misread the story.

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required)
(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.

 

Latest Posts

The Things You Learn from the Internet

"The Intel On This Wasn't 100 Percent"

From Fake News To Real Bullets: This Is The New Normal

NC Gov McCrory Throws In The Towel

Colorado Store Manager Verbally Attacks "Faggot That Voted For Hillary" In Front of 4-Year-Old Son

Associated Press Updates "Alt-Right" Usage Guide

A Challenge for Blue Bubble Democrats

Baptist Churches in Dallas, Austin Expelled Over LGBT-Affirming Stance

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.