Michael Sandy

Michael Sandy (October 12, 1977 - October 13, 2006) was an African American gay man from Brooklyn, New York, who died after being hit by a car while trying to escape four attackers. His attackers later said they targeted Sandy because they were seeking gay to attack and rob.

Michael Sandy, 28, was a native of Bellport, New York, and lived in East Williamsburg, Brooklyn. He worked as a display designer at the Ikea store in Hicksville, New York.1)

On the night of October 8, 2006, Sandy met Anthony Fortunato, 20, in an online gay chatroom and engaged in a chat with him. With Fortunato was John Fox, 19.2) After exchanging emails about having sex, Fortunato arranged to meet Sandy at Plumb Beach, a rest stop and popular cruising location on Belt Parkway in Sheepshead Bay, Brooklyn.3) The meeting took about an hour to arrange.4) Fox and Fortunato then departed for Plumb Beach with friends Ilya Shurov, 20, Gary Timmons.5)

Sandy drove his 2004 Mazda to the location, and met Fox first, near Emmons Avenue. The then drove to Plumb Beach, where Fortunato, Shurov, and Timmons were waiting.6) At about 9:45 p.m., at least four witnesses saw four white men assaulting a black man.7)

Shortly after Sandy arrived, witnesses saw two young white men approaching his car.8) At that time, Sandy was confronted by two of the young men, who began looking through his vehicle.9) Shurov pulled Sandy from the car and began punching him.10)

Attempting to escape, Sandy runs towards the highway, back-pedaling away from the attackers, towards the highway. He appeared to be calling for help on his cell phone[2] Two of his attackers caught up with him in the right lane of the highway.[1] Shurov pursued Sandy across the guard rail, caught up with him in the right lane, and punched him.[2] Sandy backpedaled into the middle lane, and was struck. One of the attackers dragged Sandy back to the side of the road.11) Shurov was seen rifling through Sandy's pockets after he was struck.12)

Following the attack, police got their first lead in the case from Sandy's computer, which was still running the day after.13) Investigators examined the hard drive.14) The found exchanges with the AOL screen name “fisheyfox,” traced the IP address, and learned that the screen name belonged to Fox.15)

Investigators visited Fox's home at 11:00 p.m., and Fox's father directed them to SUNY Maritime College, where Fox was a sophomore. Investigators arrived at the college at 2:00 a.m. and asked Fox to come to the 61st Precinct, where they began interviewing him at 2:52 a.m. During his interview, Fox made statements implicating himself, Shurov, Fortunato, and Timmons in the attack on Sandy.

Fox also gave two videotaped statements. He identified Shurov as “that Russian kid,” but identified him when police took a picture of Shurov from Fox's MySpace page. A detective compared Shurov's picture to mug shots of young men arrested in the 61st precinct, and found a match. Detectives went to Shurov's home and asked him to come to the 60th Precinct police station for an interview.16)

Shurov arrived at the 60th Precinct station at about 8:00 p.m. on October 10. He was read his Miranda rights and later gave statements implicating himself in the crime. Shown a news report about the attack, Shurov disputed the details of the report. At 1:00 a.m. on October 11, Shurov dictated a written statement, and made a videotaped statement at 10:20 p.m. on the same day.17)

Witnesses picked Fox and Shurov out of line-ups and identified them as having been at the scene, attempting to grab Sandy.

Fortunato was implicated by statements from Shurov and Fox, and surrendered to police on October 25. Timmons was arrested on October 11.

Fortunato's family raised $1.3 million in hopes he would be granted bail. Bail, however was denied.18)

The suspects were held at Rikers Island without bail.19)

Unconscious and suffering possible brain injuries, Sandy was taken to Brookdale Hospital, where he was placed on a respirator and remained in a vegetative state.20) Sandy remained on life support for five days, without regaining consciousness. He died on October 13, 2003, one day after his 29th birthday[9], when his family made the decision to remove life support.21)

Following Sandy's death, Fox, Fortunato, and Shurov were indicted on October 25 on charges of second degree murder as a hate crime and attempted robbery as a hate crime. The three also faced possible charges of manslaughter as a hate crime, and faced potential sentences of 25 years to life in prison.22)

On October 25, Timmons pleaded guilty to one count of attempted robbery in the second degree as a hate crime.23)

During questioning after arrest, the suspects made statements indicating that they had used the internet to lure gay men in the past.24) According news reports, the attackers told police that they thought gay men would be easier to rob.25)

On April 25, 2006, the taped statements by Fox and Shurov were played in court, in order to determine their admissibility at trial. In his statement. Shurov said that he had been drinking beer at Fortunato's house, while Fortunato looked online for a gay men to rob, and that Fortunato had said “It was the easiest way to make money.”26)

On August 3, 2007, Judge Konviser ruled that Fox, Fortunato, and Shurov could be charged with hate crimes in Sandy's death, without evidence that they were motivated by hatred. In her written statement, Judge Konsiver said that prosecutors only need to show that Sandy was chosen because of his sexual orientation, under the state's Hate Crimes Act of 2000.27)

On September 6, 2007, assistant district attorney Anna-Sigga Nicolazzi said that prior to the attack on Sandy, Fortunato bragged to Timmins about robbing gay men in the past, and that although Fortunato was not on the parkway during the beating he encouraged the attack by describing previous robberies.28)

Sandy's death also brought back to public attention the death of Michael Griffith, an African American man who was killed after being hit by a car in Howard Beach, Queens, New York, while trying to escape a group of attackers.

Sandy's mother, Denise Sandy, testified on September 16, 2007, describing her son's last days and having to identify him at the medical examiner's office.

On the same day, the court provided reporters a transcription of the chat log between Sandy and Fortunato. The following excerpt was printed in the Brooklyn Daily Eagle.29)

“well all I wanna do is chill with just you,” Sandy writes, “and mess around.”

“all right sounds good,” Fortunato, replies, “on the beach.”

“don’t have loot is there a spot we can park and mess around,” Sandy asks.

“the parking lot of gay beach,” Fortunato replies.

“is it really gay beach,” Sandy asks, unfamiliar with the known, gay-cruising spot.

“yeah.”

“so only gays go there,” Sandy asks again.

“basically,” Fortunato replies, later writing, “I guess if u drive into the lot by plum beach ill wait for u on a bench there and just hop in.”

The same week, Fortunato's defense attorney – Gerald DiChiara – announced in his opening remarks that his client gay, and argued that Fortunato could not be guilty of a hate crime against a gay person because of his own latent homosexuality. Dichiara said that Fortunato had intended to have sex with Sandy, rob him, and then get high with his friends later and come out to them.30)

On September 18, 2007, DiChiara requested to show the jury an invoice from Fortunato's internet service provider, which may have been an attempt to lay the groundwork for connecting the account – which bore Fortunato's “stabthebeast” screen name, and showed a very active account – to Fotunato's alleged trysts with other men. The prosecution objected, and the judge agreed with the objection.31)

On October 7, 2007, Fortunato took the stand and testified that he was also gay and that he only wanted to score some marijuana from Sandy on the night of the attack. “I could be homosexual or bisexual,” Fortunato said when his attorney asked if he was gay, “I was leading two complete double lives.”32)

Fortunato testified that he had hidden his sexual orientation and encounters from his friends since he was 13.33) He also said that he masturbated with another male at 13. By 15 or 16, he began exploring chatrooms, engaging in phone sex and cybersex with men. Though he also had a girlfriend, he hoped to find someone discreet and who wouldn't shar any of the same friends.34)

Fortunato's lawyer called three witnesses to confirm his clients sexual orientation and encounters. Michael Roberto, a gay man, testified that he met Fortunato online and invited him to his apartment for sex. Roberto said Fortunato arrived wearing a bra and panties.35) Henry Rudolph gave similar testimony, saying that Fortunato arrived at his apartment wearing a bra and a g-string.36)

The jury in Fox's trial began deliberations at 4:12 p.m. on October 4, and informed the judge on October 5 that they had reached a verdict.37) On October 6, 2007, Fox was acquitted of murder, but convicted of manslaughter and attempted robbery as hate crimes. 38)

Fox's sentencing is scheduled for October 24, and he faces up a sentence of five to twenty-five years.39)

Fortunato's jury began deliberations on October 5, and has not yet reached a verdict. They asked to see some evidence and read some earlier testimony, and then were sent home.40)

On October 11, 2007, Fortunato was convicted on charges of second degree manslaughter as a hate crime and petty larceny.

Timmins pleaded guilty to attempted robbery and testified for the prosecution. Shurov is set to face charges in a separate trial.41)

On November 4, Shurov agreed to a plea bargain that meant he would serve 17 1/2 years in prison. In exchange, prosecutors dropped the charge of felony murder as a hate crime, which carried the possibility of a life sentence.42)

On Tuesday, November 20, Fortunato, Fox, and Shurov were sentenced.

Fortunato was sentenced to seven to 21 years in prison for second degree manslaughter as a hate crime and petty larceny.

Fox was sentenced to seven to 21 years in prison for second degree manslaughter as a hate crime and attempted robbery as a hate crime.

Shurov, who pleaded guilty, was sentenced to 17 1/2 years in prison for second degree manslaughter as a hate crime and robbery as a hate crime.

Timmons, who accepted a plea bargain in exchange for his testimony, had earlier accepted a four year sentence.43)