A Texas man who confessed to killing
his neighbor avoided murder and manslaughter convictions after
claiming that the killing was self defense because the man tried to
kiss him.
James Miller, a former police officer,
was sentenced Tuesday for the 2015 death of Daniel Spencer. Jurors
found him guilty of criminally negligent homicide and he was
sentenced the following day to 10 years probation and six months in
jail, local NBC
affiliate KXAN reported.
The 69-year-old Miller, who took up
guitar after retiring, told police that in September, 2015 he was at
Spencer's house playing music and drinking with his 32-year-old
neighbor and saxophonist. Miller testified that Spencer tried to
kiss him.
“We were playing back and forth and
everything, and I just let him know – Hey, I'm not gay,” Miller
said.
“When I got ready to go – it seemed
like [expletive] just started happening.”
Miller went to the police and confessed
to stabbing Spencer twice. “I think I killed someone. … I
stabbed him,” he said, according to a police report obtained by the
Austin
American-Statesman.
Miller's “gay panic” defense worked
and he avoided murder and manslaughter convictions. The judge in the
case ordered Miller to complete 100 hours of community service, pay
$11,000 in restitution to Spencer's family and placed him on
probation for a decade.
D'Arcy Kemnitz, executive director of
the LGBT Bar Association, called the defense “something from the
very darkest of ages.”
“It's hard to believe that something
like this exists,” Kemnitz told The
Washington Post. “This is something from the very darkest
of ages, based on the idea that if a gay guy hits on a straight guy,
then the straight guy gets to do whatever he wants to do to him,
including a homicide.”
Miller testified that he felt his
neighbor was “going to hurt” him.
“He had height advantage over me, arm
length over me, youth over me,” said Miller, who is at least eight
inches shorter than Spencer was.
Prosecutor Matthew Foye disagreed,
telling the court that Miller did not have “so much as a scratch on
him.”
Only two states, California and
Illinois, prohibit use of the “gay panic” defense.