Gay Man's Killer Could Be Out In Under 3 Years

[davidinalameda]

http://www.365gay.com/newscon05/02/020205suitcase.htm

A man who admitted beating and strangling to death a gay man and then stuffing his body into a suitcase and dumping it in a lake could be on the streets in two-and-a-half years.

A jury Wednesday recommended that Joshua Cottrell, 23, be sentenced to 30 years behind bars, but under sentencing guidelines, the stiffest penalty Circuit Judge Kelly Easton could impose would be 20 years.


utterly disgusting

[kweerwolf]

1. Well it's not like he killed a REAL American ... /sarcasm mode off

[forgethell]

2. Gay?

I'd give him 3 years for killing a dog in the way that you described. For a human being, gay or straight, why isn't he in prison for the rest of his life?

[WindRavenX]

3. because he IS gay

Don't you see, in Bush's America, gays are less than human so any "murder" of said gays isn't really like murdering a straight person :eyes: :eyes: :cry: :cry: ;(

[forgethell]

10. Maybe, maybe not,

lot's of murderers are let off with small sentences in cases where sexual orientation has nothing to do with the crime. Perhaps the murderer was treated just as any other criminal would have been in that court if the victim was straight. Or maybe not.:eyes: :eyes: :eyes: But I am objecting to the extremely short sentence given the murder of ahuman being. I don't really give a shit about the victim's private life, or even the criminal's personal opinions about it. A human being died, and that should be punished.:shrug:

On edit: I shoulda read the article before posting. the "gay panic defense" is ridiculous, but still, no more so than many others that are offered.:-(

[FuzzyDicePHL]

16. In Bush's America,

I'm sure it'll cross the minds of plenty of ppl who support bush that it's good this guy is getting out quickly so he can kill some more of us. Just until they round us up and put us on trains to camps, of course.

:scared:

[American Tragedy]

4. Ridiculous ruling.

<<under Kentucky law he was entitled to fight back to protect himself from being raped or sodomized, using deadly force if necessary. >>

I tend to doubt that law is rightly applied to this situation. It doesn't exactly sound like this young man was gagged and bound, or even threatened. Or was he preemptively thwarting any potential rape or sodomy?

If a guy to whom I'm not attracted comes on to me at a bar, can I defend myself from his attentions by busting a cap in his ass?

[kweerwolf]

5. Isn't it ironic ...

all these right-wing types make jokes about "limp-wristed sissies," but put them in a room with a gay man and they are terrified they might be (gasp!) sodomized!

Or maybe they're just afraid they'd enjoy it.

If the courts allow a "gay panic defense," then there should be something comparable for straight women who are hit on by obnoxious straight men. ... "He was drunk and pawing at my breast, your honor. I had no choice but to shoot him!"

"You're absolutely right, miss! Case dismissed!"

[StuckinKS]

23. So...does a woman have the right to kill

any man who propositions her in a bar? See how ridiculous that sounds.

But, if the man is being propositioned by another man, they call that "gay panic."

Poor, little delicate breeder boy. What can he do when the mean old homo takes a shine to him, except to kill him, stuff his body in a suitcase and toss it in the river.

[Ediacara]

6. WTF

He was found guilty of manslaughter? Not Murder 1 or 2, but manslaughter? What; did Cottrell accidentally beat and strangle his victom and accidentally stuff him into a suitcase and accidentally throw the suitcase into a lake? That's gotta be murder 2 at least....

[kweerwolf]

8. A rough translation

Throughout the trial Cottrell's defense painted the accused as being a victim who killed Richie Phillips, 36, in Cottrell's Elizabethtown motel room after Phillips made an unwanted sexual advance on him.

Translation: "Ah jes' had to kill that homo-sec-shul who was 13 years older'n me 'cuz he might've overpower po' little defenseless me and made me play hide-the-sausage wif him jes' like my Uncle Billy-Bob and Cousin Luke used to do out behind the woodshed, yer honor"

[Ediacara]

9. That still doesn't explain how he accidentally beat, strangled, suitcased

etc....

[Anakin Skywalker]

15. About Your Translation.

LOL! It IS Kentucky, afterall. :) Tee hee.

[dsc]

7. Part of the problem here seems to be Kentucky law

This reeks of a compromise verdict. Convict him of the lesser charge but give him a big sentence. But it turns out they can't give him the big sentence. If jurors are going to be given this kind of power then they need to be told exactly what they can and can't do. Had this jury known that manslaughter only carried 20 years they may have convicted him of more.

[mitchtv]

11. the other part ot the probl is a Jury who actually considered a compromise

shame on all of them. I hope It doesn't happen in their family. Karma will get them. On edit: let me guess, the defendent was white.

[dsc]

12. What if this is the senario

The jury was divided say 9 to 3 in favor of conviction of say Murder 2. Then the other three say lets convict of manslaughter but give him 30 years. I can see taking that deal if I were in the 9 for fear of having a hung jury. Often times cases with hung juries aren't retried.

[mitchtv]

13. I am suspicious, if this were a straight Lacy Peterson

This guy would be waiting for old sparky. A gay man?pshaw..It might qualify him to run for office in that part of the country
oh yeah Hung jury ? you bet your life it wouldn't be retried. What an excuse to drop the ball.

[dsc]

14. Clearly the victim being gay necessitated the compromise

assuming I am correct on that. I have to say that if I thought I could get 30 years as the sentence it would have been tempting to compromise. This just sucks though.

[xchrom]

17. you've made too many assumptions.

the fact is that twelve people have let this guy off because he killed a gay man.
i find it a stretch that the jurors thought that man slaughter could be translated into 30 years.
if this were a suburban father , white, driving an suv{just painting a picture here} -- murder 1 would have been the verdict.
the jury's verdict is just the rest of the hate crime.
the murder was only act 1.

[dsc]

18. Clearly they did think that

as the article directly states that the jury recommended 30 years.

A jury Wednesday recommended that Joshua Cottrell, 23, be sentenced to 30 years behind bars, but under sentencing guidelines, the stiffest penalty Circuit Judge Kelly Easton could impose would be 20 years.

[Cooley Hurd]

19. I was just watching my clock on the wall...

...and it spun backwards 75 years. WTF is wrong with this sick fucking country I live in????

'cuse me - I have to finish building my Hooverville hut...

[Ian David]

20. There is always "The Irony Factor" to consider in sentencing

If the guy did kill someone out of fear of being sodomized, he will now find himself in a position of being repeatedly sodomized for years and years to come.

[Rush1184]

21. Race or Sexual orientation should play no role in sentancing...

That includes that of the victim and the suspect; all should be treated the same. That being said, he should definatly end up serving more than 3 years! My Dad got 5 and served 2-3 for fraud (white collar business fraud) when I was young, so logically, you would think killing a person would get you a little more time.

[AusTexDem]

22. I think that Hate crime laws

are a way for society to use the Law in a way that propels public perception/opinion in a new direction.In this case they are simply a way to correct the attitude that gays are less than human and so it is not a serious crime to kill some one BECAUSE they are gay.
That is why in order to bring hate crime charges in a murder case the prosecution must prove that the person was killed because they were gay. Not just that the victim was gay. I don't think these laws are meant to be on the books forever. Some may think they are already no longer need. But then you hear a story like this one. Sadly I'm sure there will always be people who hate homosexuals. But the question is do the majority of people still see gays as less than? I think they do.