(Greeley, Colorado) The confession of a Colorado man who is accused of fatally battering a sex partner with a fire extinguisher after discovering she was a transgender woman, cannot be presented into evidence, a district court judge has ruled.

Andrade was arrested in the Denver suburb of Thornton, where he lives. Police responding to a noise complaint found him in Zapata’s 2003 PT Cruiser, which had been missing.

Under questioning, Andrade allegedly told investigators that he met Zapata through MocoSpace, a social network designed primarily for cell phone users. The two met July 15 and spent the day together. Andrade allegedly told investigators that Zapata performed oral sex on him but wouldn’t let him touch her. When he discovered she was biologically male, he killed her.

In the taped confession, he allegedly told investigators that he grabbed Zapata’s crotch area, felt male genitalia and became angry. He told investigators that he took a fire extinguisher off a shelf, struck Zapata twice in the head and thought he “killed it.”

But in a 24 page ruling, Judge Marcelo Kopcow said that Andrade’s rights had been violated because he had told police he was finished answering questions, but investigators persisted with questions leading up to the confession.

“This court finds the defendant’s statement, ‘I’m done. Yeah, I’m not talking right now’ … is a clear statement of the defendant’s request to remain silent and cut off further questioning,” Kopcow said in a written ruling.

Kopcow also told the prosecution it could not describe Andrade as a high ranking member of a gang that among other things hates gays. The judge said it was more speculative than substantive.

He did, however, allow the prosecution to present to the jury tapes of phone calls made by Andrade from jail to his girlfriend.

In one call he said he had “snapped” and that “gay things need to die.”

In ruling that the tapes could be played for the jury Kopcow said that prisoners “have little, if any, reasonable expectation of privacy while incarcerated.”