Murder Suspect Claims Self-Defense, Not Gay Bashing

Suspect Keith Phoenix, left; murder victim Jose Sucuzhanay, right

The second man arrested in the hate crime killing of an Ecuadorian immigrant is presenting a very different story of the fight that led to the death of Jose Sucuzhaynay. The accusations have been that the two murder suspects, Keith Phoenix and Hakim Scott, targeted the late Jose Sucuzhaynay and his brother because the pair of brothers appeared to be gay. Instead, Phoenix says that one of the Sucuzhaynays provoked the fight by kicking in the door of the car that Phoenix was driving. He says that as the fight escalated, Sucuzhaynay reached into his waistband for what Phoenix thought was a weapon, inciting the fatal beating.

During Phoenix's arraignment, his lawyer Jay Schwitzman told the court, "Mr. Phoenix went to break up the fight, and during the fight, there was a weapon brandished by the deceased...It is not gay bashing or a hate crime." The lawyer also countered Friday's accounts from Police Commissioner Ray Kelly that painted Phoenix as a cold-blooded killer who questioned, "What's the big deal?" Schwitzman said that Phoenix is "remorseful and he recognizes the seriousness" of the accusations against him.

NYPD spokesman Paul Browne reasserted that no weapon that would have possibly been brandished by either of the Sucuzhaynay brothers had been found. Browne said plainly, “The facts do not support that version of events." A lawyer for Sucuzhaynay added, "We definitely believe those allegations are insulting to the victims, alleging that the perpetrators were acting in self-defense.”

Another Sucuzhaynay brother told the News, "That's amazing. I don't think people are naive enough to believe that...Criminals will make up anything."

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By Billy Parker in News on March 1, 2009 11:33 AM

Comments [rss]

Rant

I know that scumbag deserves a fair trial but his defense sounds impossible. It's always nice that these scumbags blame their victims for that they did.

Snoopy

Jay Schwitzman attorney at law. His corporate motto is "Vat ever I vil defend from you. Cash and certified checks only."

Snoopy

The dude be innocent until proven guilty in a court of law. Other than that take the mofo down and see how smiley he will be on his tombstone make it clear, " No big thing. I'm dead."

gimme

they really should dump this guy in the Ecuadorian neighborhood when everyone is around and leave it at that, like the end of The Hunting Party

Amanda Harletsch

Sociopaths can't feel any empathy for others in addition to the huge trail of social stupidity he most likely masters and displays. It won't be difficult to get find evidence on this fkr.

NannyState

Sentence those two to death. Let them wonder if we're lying.

Snoopy

What part of Brooklyn or the Bronx does Jay Schwitzman come from? Did he make up that name?

Can someone, like the NYPD, check to see if here is any damage to the door on said vehicle? Oops that would be asking too much I guess.

CR

So one of the brothers kicked the door of the car and you were so afraid for you life that you left the safety of your vehicle to confront your attackers.

The defense's case during the trial is going to entertaining and A-M-A-Z-I-N-G.

Spirit of 76

What a load of baloney. If it was justifiable self-defense and he was so remorseful, why didn't he turn himself in right after the incident instead of running like a coward? Looks like he got himself one doozy of an attorney. Great! That means he'll probably lose the case.