Murder – Strangulation With Crowbar
The defendant in this case was a 19-year-old male charged with 1st degree murder. His maximum sentence potential was 25 to life.
The killing took place in a hotel room, where the defendant and the victim had been staying temporarily due to house repairs. The victim was strangled with a crowbar.
The client was pulled over driving to Mexico in the victim’s SUV. The dead, naked body of the 42-year-old male victim was in the back seat, with a plastic bag tied around his head. In addition, three cans of gasoline were found in the vehicle near the body.
The defense contended that the young heterosexual defendant had been constantly harassed sexually by the gay victim. The defense clearly established the victim’s propensity to flaunt his sexuality and force his values onto the defendant. The defense theory was that the defendant simply couldn’t take it anymore and exploded in anger and in defense of his values.
With Mr. Nimmo’s excellent trial work, the jury found the defendant not guilty of murder. Instead, the client received a mitigated charge of voluntary manslaughter, based on killing in the heat of passion.