November 22nd, 2009
 

365 Gay: News

Defense: Colo. slaying because of deception


(Greeley, Colorado) A man accused of beating an 18-year-old transgendered woman to death with a fire extinguisher “snapped” after finding out the teen was biologically male, a defense lawyer argued Thursday as the murder trial began.

But a prosecutor contended Allen Andrade knew Angie Zapata’s secret for at least 36 hours before the slaying – and killed her not in a sudden rage but because he disliked gays and transgenders.

Andrade, 32, would face a mandatory life sentence if convicted of first-degree murder and between eight and 24 years in prison if convicted of second-degree murder. Other charges against him include bias-motivated crime, which carries three more years, and habitual offender, which could mean decades more in prison.

Andrade’s attorney, Bradley Martin, said the case is about Zapata’s deception and his client’s reaction to that deception.

“This girl that he had just spent the last day with, was in fact a man, and Allen snapped,” Martin declared in opening statements.

Prosecutor Brandi Nieto told jurors that Andrade and Zapata communicated nearly 700 times via text message, cell phone and computer between July 12 and July 16 as Zapata was apparently searching for a roommate. She said Andrade did not make a snap decision but rather decided to kill Zapata after the pair spent hours in Zapata’s tiny one-bedroom apartment.

Andrade could have walked away once he learned Zapata was biologically male, Nieto said.

Martin, who repeatedly referred to Zapata as “Justin,” said the deception started with Zapata’s profile on a social networking site that said she was a straight female.

The two met July 15 and spent the day together, Martin said. Zapata’s clothing and other details in her apartment indicated she was female, the attorney said.

Andrade told investigators that Zapata performed oral sex on him but wouldn’t let him touch her, according to an arrest affidavit.

Left alone in the apartment, Andrade noticed photographs that led him to question Zapata’s gender. When he confronted her, she answered: “I am all woman,” according to the affidavit.

Nieto showed jurors partial transcripts of tape-recorded jail calls in which Andrade allegedly told his girlfriend that he “snapped” and that “gay things need to die.”

In another transcript, Andrade downplays the slaying. “It’s not like I went up to a school teacher and shot her in the head, or killed a straight law-abiding citizen,” he said in the transcript.

Martin said the jail calls were taken out of context as Andrade joked with his girlfriend about a crime he knew he didn’t commit.

Andrade was arrested July 30, nearly two weeks after Zapata’s sisters discovered her body under a blanket in her apartment. Andrade told investigators that he struck Zapata twice in the head with a fire extinguisher and thought he had “killed it” before striking her again as she struggled to get up, the arrest affidavit said.

Andrade is believed to be the first person tried for a hate crime under the sexual orientation section of Colorado’s hate crime law, according to the New York and Los Angeles-based Gay & Lesbian Alliance Against Defamation. Colorado is one of 11 states to have such designations in their laws.

Andrade has five felony convictions, according to court records.


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  • Danielle Cornwell Said: April 21st, 2009 at 7:38 pm
    • Dani said;

      It`s pretty clear this sicko needs
      to go to prison for the next 100
      years+. He should make a good boy
      toy! It won`t bring back Angie,
      but maybe life in prison will make
      some other sicko think before they
      killed another HUMAN BEING!

  • Alex H Said: April 17th, 2009 at 9:36 pm
    • This guy should be put away for life so he can be someone’s “pit-bitch” in prison.

      Zappata’s gender didn’t seem to bother Andrade while he was getting oral sex from her now did it?

      This is the stupidest defense ever.

  • LOrion Said: April 17th, 2009 at 5:25 pm
    • 36 hours… is not panic, it is premeditation. Period. Next Case.

  • Alex In Boston Said: April 17th, 2009 at 4:24 pm
    • I see that “Gay Panic” is alive and well in Colorado!! One would think we have moved beyond this obscene excuse for a defense!!

  • Mark Said: April 17th, 2009 at 3:50 pm
    • I guess I’ll just ’snap’ when I see a homophobe and kill them.. I’ll get off with a slap on the wrist, right?

  • Sabrina Said: April 17th, 2009 at 3:44 pm
    • The worst part is that he doesn’t see gays as people, but as things.

  • dave w Said: April 17th, 2009 at 2:53 pm
    • this is why we need the death penalty! However, barring that, at least this closted homophobe (why is he letting a trans woman give him head in the first place??????) will get the treatment he deserves in jail, administered by his jailmates!

  • Matt Said: April 17th, 2009 at 2:27 pm
    • I don’t understand the defense. He obviously still killed the kid.

      Is it the difference between murder and manslaughter? Premeditation?

  • Stuff Queer People Need To Know Said: April 17th, 2009 at 12:52 pm
  • TJNV Said: April 17th, 2009 at 12:40 pm
    • O.K. this guy was cheating on his girlfriend to beging with.

      What scumball.

      Tom in Long Beach.

  • Tim Said: April 17th, 2009 at 11:25 am
    • Oh noes, the gay panic defense rears its ugly head again!!! Isn’t that illegal?

  • Lincoln Said: April 17th, 2009 at 10:31 am
    • This is the kind of slime that a good rope was made for. I do not want to pay for a life time of this guys basic needs.
      A slime ball will get him life and appeal the crap out of the courts while we the taxpayer have to pay for it. The only good thing is this “thing” will not be breeding or teaching “It’s” offspring to hate.

  • Fed Up Said: April 17th, 2009 at 9:55 am
    • Sooooooo, according to this slimeball’s defense, when a gay man finds out the guy he has been seeing has a wife and/or girlfriend, it is ok to beat the “straight man” to death too?

  • Ben Said: April 17th, 2009 at 9:40 am
    • “Martin said the jail calls were taken out of context as Andrade joked [...] about a crime he knew he didn’t commit.”

      He admitted killing her to the police. This guy should be left to rot.

 
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