Michael Sandy
Encyclopedia
Michael Sandy was an African-American man from Brooklyn, New York, who died after being hit by a car while trying to escape four attackers who attempted to rob him because he was gay.
, and lived in East Williamsburg, Brooklyn
. He worked as a display designer at the Ikea
store in Hicksville, New York
.
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. 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
. The meeting took about an hour to arrange. Fox and Fortunato then departed for Plumb Beach with friends Ilya Shurov, 20, and Gary Timmons, 17.
to the location, and met Fox first, near Emmons Avenue. They then drove to Plumb Beach, where Fortunato, Shurov, and Timmons were waiting. At about 9:45 p.m., at least four witnesses saw four white men assaulting a black man.
Shortly after Sandy arrived, witnesses saw two young white men approaching his car. At that time, Sandy was confronted by two of the young men, who began looking through his vehicle. Shurov pulled Sandy from the car and began punching him.
Attempting to escape, Sandy ran toward the highway. He appeared to be calling for help on his cell phone. Two of his attackers caught up with him in the right lane of the highway. Shurov pursued Sandy across the guard rail, caught up with him in the right lane, and punched him. Sandy backpedaled into the middle lane, and was struck. One of the attackers dragged Sandy back to the side of the road. Shurov was seen rifling through Sandy's pockets after he was struck.
screen name "fisheyefox," traced the IP address
, and learned that the screen name belonged to Fox.
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.
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.
Witnesses picked Fox and Shurov out of line-ups and identified them as having been at the scene, attempting to grab Sandy.
Timmons was arrested on October 11. Fortunato was implicated by statements from Shurov and Fox, and surrendered to police on October 25.
Fortunato's family raised $1.3 million in hopes he would be granted bail. Bail, however was denied.
The suspects were held at Rikers Island
without bail.
for five days, without regaining consciousness. He died on October 13, 2006, one day after his 29th birthday, when his family made the decision to remove life support.
Following Sandy's death, Fox, Fortunato and Shurov were indicted on October 25, 2006 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.
On October 25, 2006 Timmons pleaded guilty to one count of attempted robbery in the second degree as a hate crime
.
On April 24, 2007, the taped statements by Fox and Timmons were played in court, in order to determine their admissibility at trial. In his statement, he said that he had been drinking beer at Fortunato's house, while Fortunato looked online for gay men to rob, and that Fortunato had said "It was the easiest way to make money."
On February 27, 2008 openly gay singer-songwriter and community activist Anye Elite
released Just In Case
a tribute to Sandy and other gay violence victims.
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.
The story of Michael Sandy's death, will be told from the perspective of screenwriter and dissident Fortunato jury foreman Eric Zaccar, in the upcoming independent feature film, Without Hate. The movie, that is being produced by Design Catcher Productions and Dolger Films, and directed by multi-award winning television and film director, Sylvia Caminer, is slated to be released in the fall of 2012.
In the opening arguments on Monday, September 17, 2007, Gerald Di Chiara, the lawyer for one of the defendants, Anthony Fortunato, announced that his client was also gay. Chiara also said that Fortunato had planned on telling his friends that he was gay the night the attack occurred, and that luring Michael Sandy to Sheepshead Bay for sex was part of that plan. Di Chiara also claimed that the prosecution's witness, Gary Timmons, one of the four men who were accused of attacking Sandy, was also gay. The lawyers for both defendants argued that no robbery had taken place.
On Friday, October 5, 2007, a jury came back with a verdict of guilty against John Fox, Jr on the charges of Manslaughter, Attempted Robbery in the Second Degree, and Attempted Robbery in the First Degree. All counts were as hate crimes. The prison times Fox faces could range from 5 to 50 years.
On October 11, 2007, Anthony Fortunato, the third defendant, was found guilty of manslaughter as a hate crime for his role in the death of Michael Sandy. He was also convicted of attempted petty larceny, but acquitted of attempted robbery. After the verdict, juriors criticized the application of the hate crime law as inappropriate in this case. In the trial, Fortunato had claimed he was gay and based on that, his lawyer asked that the hate crime charges be dismissed, but the judge ruled that the charges would stand. Three older gay men testified that they had sex with Fortunato on separate occasions before the attack against Sandy occurred in October 2006.
On November 5, 2007, Ilya Shurov, 21, the fourth and last defendant in the Michael Sandy case, pleaded guilty to manslaughter and attempted robbery as hate crimes on the day his trial was to have started. As part of the plea bargain, the charge of felony murder as a hate crime was dropped. Shurov agreed to serve 17.5 years for his guilty plea. If he had been found guilty of felony murder as a hate crime, it could have resulted in a life sentence. Shurov was the only defendant accused of physical violence against Michael Sandy.
Three of the four men were sentenced on November 20, 2007 for their role in causing the death of Michael Sandy in 2006. They received the following sentences from Justice Jill Konviser-Levine of State Supreme Court in Brooklyn, NY: Anthony Fortunato (21), 7 to 21 years. For the lure, John Fox (20), 13 to 21 years. And for the aggressor, Ilya Shurov (21), 17½ years. Each of those received slightly less than the maximum sentence. Gary Timmons (17), who in a plea bargain made last year, testified as a prosecution witnesses during the trial against John Fox and Anthony Fortunato, and he will be sentenced to four years at a later date.
Background
Michael Sandy, 28, was a native of Bellport, New YorkBellport, New York
Bellport is a village in Suffolk County, New York, United States. The population was 2,363 at the 2000 census. The village is named after the Bell family, early settlers of the area. The public education system in Bellport makes up the South Country Central School District consisting of six...
, and lived in East Williamsburg, Brooklyn
East Williamsburg, Brooklyn
East Williamsburg is a name for the area in the northwestern portion of the borough of Brooklyn in New York City, United States, which lies between Williamsburg, Greenpoint, and Bushwick. Much of this area has been and still is referred to as either Bushwick, Williamsburg, or Greenpoint with the...
. He worked as a display designer at the Ikea
IKEA
IKEA is a privately held, international home products company that designs and sells ready-to-assemble furniture such as beds and desks, appliances and home accessories. The company is the world's largest furniture retailer...
store in Hicksville, New York
Hicksville, New York
Hicksville is a hamlet and census-designated place located within the Town of Oyster Bay in Nassau County, New York, United States. The population of the CDP was 41,547 at the 2010 census...
.
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
John Fox
John Fox may refer to:* Tinker Fox, Colonel John Fox , English Parliamentarian Soldier*John Fox * John Fox , pitcher for Major League Baseball* John Fox , comedian...
, 19. After exchanging emails about having sex, Fortunato arranged to meet Sandy at Plumb Beach, a rest stop and popular cruising location on Belt Parkway
Belt Parkway
The Belt System is a series of connected limited-access highways that form a belt-like circle around the New York City boroughs of Brooklyn and Queens. The system comprises four officially separate parkways; however, three of the four are signed as the Belt Parkway...
in Sheepshead Bay, Brooklyn
Sheepshead Bay, Brooklyn
Sheepshead Bay is a bay separating the mainland of Brooklyn, New York City from the eastern portion of Coney Island, the latter originally a barrier island but now effectively an extension of the mainland with peninsulas both east and west...
. The meeting took about an hour to arrange. Fox and Fortunato then departed for Plumb Beach with friends Ilya Shurov, 20, and Gary Timmons, 17.
Attack
Sandy drove his 2004 MazdaMazda
is a Japanese automotive manufacturer based in Fuchū, Aki District, Hiroshima Prefecture, Japan.In 2007, Mazda produced almost 1.3 million vehicles for global sales...
to the location, and met Fox first, near Emmons Avenue. They then drove to Plumb Beach, where Fortunato, Shurov, and Timmons were waiting. At about 9:45 p.m., at least four witnesses saw four white men assaulting a black man.
Shortly after Sandy arrived, witnesses saw two young white men approaching his car. At that time, Sandy was confronted by two of the young men, who began looking through his vehicle. Shurov pulled Sandy from the car and began punching him.
Attempting to escape, Sandy ran toward the highway. He appeared to be calling for help on his cell phone. Two of his attackers caught up with him in the right lane of the highway. Shurov pursued Sandy across the guard rail, caught up with him in the right lane, and punched him. Sandy backpedaled into the middle lane, and was struck. One of the attackers dragged Sandy back to the side of the road. Shurov was seen rifling through Sandy's pockets after he was struck.
Arrests
Following the attack, police got their first lead in the case from Sandy's computer, which was still running the day after. Investigators examined the hard drive. The found exchanges with the AOLAOL
AOL Inc. is an American global Internet services and media company. AOL is headquartered at 770 Broadway in New York. Founded in 1983 as Control Video Corporation, it has franchised its services to companies in several nations around the world or set up international versions of its services...
screen name "fisheyefox," traced the IP address
IP address
An Internet Protocol address is a numerical label assigned to each device participating in a computer network that uses the Internet Protocol for communication. An IP address serves two principal functions: host or network interface identification and location addressing...
, and learned that the screen name belonged to Fox.
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
MySpace
Myspace is a social networking service owned by Specific Media LLC and pop star Justin Timberlake. Myspace launched in August 2003 and is headquartered in Beverly Hills, California. In August 2011, Myspace had 33.1 million unique U.S. visitors....
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.
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.
Witnesses picked Fox and Shurov out of line-ups and identified them as having been at the scene, attempting to grab Sandy.
Timmons was arrested on October 11. Fortunato was implicated by statements from Shurov and Fox, and surrendered to police on October 25.
Fortunato's family raised $1.3 million in hopes he would be granted bail. Bail, however was denied.
The suspects were held at Rikers Island
Rikers Island
Rikers Island is New York City's main jail complex, as well as the name of the island on which it sits, in the East River between Queens and the mainland Bronx, adjacent to the runways of LaGuardia Airport. The island itself is part of the borough of the Bronx, though it is included as part of...
without bail.
Death
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. Sandy remained on life supportLife support
Life support, in medicine is a broad term that applies to any therapy used to sustain a patient's life while they are critically ill or injured. There are many therapies and techniques that may be used by clinicians to achieve the goal of sustaining life...
for five days, without regaining consciousness. He died on October 13, 2006, one day after his 29th birthday, when his family made the decision to remove life support.
Following Sandy's death, Fox, Fortunato and Shurov were indicted on October 25, 2006 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.
On October 25, 2006 Timmons pleaded guilty to one count of attempted robbery in the second degree as a hate crime
Hate crime
In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...
.
Motive
During questioning after arrest, the suspects made statements indicating that they had used the internet to lure gay men in the past. According news reports, the attackers told police that they thought gay men would be easier to rob.On April 24, 2007, the taped statements by Fox and Timmons were played in court, in order to determine their admissibility at trial. In his statement, he said that he had been drinking beer at Fortunato's house, while Fortunato looked online for gay men to rob, and that Fortunato had said "It was the easiest way to make money."
Aftermath
On August 3, 2007, Judge Konviser ruled that Fox, Fortunato, and Shurov could be charged with hate crimes in Sandy's death. 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.On February 27, 2008 openly gay singer-songwriter and community activist Anye Elite
Anye Elite
Anye Elite , aka Anye Ellis, is an American singer-songwriter and LGBT activist. He is best known for his contributions to Atlanta, Georgia’s gay community.-Early life:...
released Just In Case
Just in case
Just-In-Case manufacturing is a term sometimes applied to the traditional manufacturing system. It is the opposite of Just In Time manufacturing.-Operation:...
a tribute to Sandy and other gay violence victims.
Sandy's death also brought back to public attention the death of Michael Griffith, an African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
man who was killed after being hit by a car in Howard Beach, Queens
Howard Beach, Queens
Howard Beach is a suburban neighborhood in the southwestern portion of the borough of Queens in New York City. It is bordered in the north by the Belt Parkway and South Conduit Avenue in Ozone Park, the south by Jamaica Bay in Broad Channel, the east by 102nd-104th streets, and the west by 78th...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, while trying to escape a group of attackers.
The story of Michael Sandy's death, will be told from the perspective of screenwriter and dissident Fortunato jury foreman Eric Zaccar, in the upcoming independent feature film, Without Hate. The movie, that is being produced by Design Catcher Productions and Dolger Films, and directed by multi-award winning television and film director, Sylvia Caminer, is slated to be released in the fall of 2012.
Trial and sentencing
In a New York State trial courtroom, the Brooklyn Supreme Court (located in Brooklyn, NY), jury selection started on September 10, 2007 for the trial of Anthony Fortunato and John Fox, two of the four men accused of chasing Michael Sandy to his death in October 2006. They were charged with two counts of second-degree murder, one as a hate crime, four counts of attempted robbery with two as hate crimes, two manslaughter counts, one as a hate crime, and two assault counts, one as a hate crime. The third man, Ilya Shurov, was to be tried separately at a future date on the same charges. The fourth, Gary Timmons, had already pleaded guilty in 2006 to the reduced crime of attempted robbery as a hate crime in return for testifying as a prosecution witness.In the opening arguments on Monday, September 17, 2007, Gerald Di Chiara, the lawyer for one of the defendants, Anthony Fortunato, announced that his client was also gay. Chiara also said that Fortunato had planned on telling his friends that he was gay the night the attack occurred, and that luring Michael Sandy to Sheepshead Bay for sex was part of that plan. Di Chiara also claimed that the prosecution's witness, Gary Timmons, one of the four men who were accused of attacking Sandy, was also gay. The lawyers for both defendants argued that no robbery had taken place.
On Friday, October 5, 2007, a jury came back with a verdict of guilty against John Fox, Jr on the charges of Manslaughter, Attempted Robbery in the Second Degree, and Attempted Robbery in the First Degree. All counts were as hate crimes. The prison times Fox faces could range from 5 to 50 years.
On October 11, 2007, Anthony Fortunato, the third defendant, was found guilty of manslaughter as a hate crime for his role in the death of Michael Sandy. He was also convicted of attempted petty larceny, but acquitted of attempted robbery. After the verdict, juriors criticized the application of the hate crime law as inappropriate in this case. In the trial, Fortunato had claimed he was gay and based on that, his lawyer asked that the hate crime charges be dismissed, but the judge ruled that the charges would stand. Three older gay men testified that they had sex with Fortunato on separate occasions before the attack against Sandy occurred in October 2006.
On November 5, 2007, Ilya Shurov, 21, the fourth and last defendant in the Michael Sandy case, pleaded guilty to manslaughter and attempted robbery as hate crimes on the day his trial was to have started. As part of the plea bargain, the charge of felony murder as a hate crime was dropped. Shurov agreed to serve 17.5 years for his guilty plea. If he had been found guilty of felony murder as a hate crime, it could have resulted in a life sentence. Shurov was the only defendant accused of physical violence against Michael Sandy.
Three of the four men were sentenced on November 20, 2007 for their role in causing the death of Michael Sandy in 2006. They received the following sentences from Justice Jill Konviser-Levine of State Supreme Court in Brooklyn, NY: Anthony Fortunato (21), 7 to 21 years. For the lure, John Fox (20), 13 to 21 years. And for the aggressor, Ilya Shurov (21), 17½ years. Each of those received slightly less than the maximum sentence. Gary Timmons (17), who in a plea bargain made last year, testified as a prosecution witnesses during the trial against John Fox and Anthony Fortunato, and he will be sentenced to four years at a later date.