Two men will spend decades in prison for beating an Ecuadorean immigrant to death after mistaking him and his brother for a gay couple.
Keith Phoenix was convicted of murder as a hate crime in the December 2008 death of Jose Sucuzhanay. He was sentenced Thursday to 37 years to life in prison.
Judge Patricia DiMango told Phoenix it was "beyond the comprehension of any civilized person" that someone motivated "by the sport of it could take another human being's life in such a cruel and violent manner."
"I want to offer my deepest, humblest apology for the outcome of that night," Phoenix said. "I swear to God that is not what I intended to happen."
Hakim Scott was convicted of manslaughter but acquitted of a more serious murder charge. He was sentenced to 37 years in prison.
The judge called Scott the first physical catalyst because he got out of a car and broke a bottle over Sucuzhanay's head. Said Scott: "Not a day goes by when my heart does not hurt."
The brothers were walking home, arm in arm, from a bar after a party at a Brooklyn church. Romel Sucuzhanay had put his coat around his brother to keep him warm and was helping him walk because he was drunk.
The defendants, also leaving a party, pulled up in a SUV and began yelling anti-gay and anti-Hispanic slurs.
Jose Sucuzhanay became upset and tried to kick the wheel of the SUV, and Scott got out and smashed the beer bottle on his head, then chased Romel Sucuzhanay down the block with it, according to trial testimony. Phoenix grabbed a bat from the back of the SUV and attacked Jose Sucuzhanay, cracking his skull, according to testimony.
The two drove away and were captured about 20 minutes later on surveillance footage crossing into the Bronx. Prosecutors ended their closing arguments by showing footage of Phoenix on a bridge, smiling.
The defense said the case was about a fight that escalated, not a premeditated attack.
City Council Speaker Christine Quinn said the sentencing sent a message to anyone who would carry out a hate crime.
“Today’s sentencing of Keith Phoenix reminds us that hate crimes will not be tolerated anywhere in New York City," said Quinn.
"In Jose’s memory I urge all New Yorkers to actively denounce hate crimes when speaking with their families, neighbors, colleagues, and friends. It is our experience that when people of good conscience stand together against cowardice it sends a powerful message to perpetrators," she said.
