Jurors agree that enraged man killed gay cousin, but shooting doesn't fit definition of 'murder' | OregonLive.com

A twisted case out Oregon, although the headline is a tad misleading,,,

A Multnomah County jury on Thursday found 30-year-old Brandon Alexander Hickman guilty of first-degree manslaughter for shooting his gay cousin in the head after a prosecutor argued the attack might have been motivated by homophobia.

The guilty finding means Hickman must serve a 10-year prison sentence -- a far lighter term than the life sentence he had been facing if convicted of murder in the death of 37-year-old Makeitho "Tito" De Monz Herring. Jurors voted 10-2 that Hickman didn't commit murder, which under Oregon law is defined as an "intentional" killing.
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Prosecutor Steve O'Hagan contended that while Herring was open about being gay, Hickman lived his life as a heterosexual -- and that Herring decided to "out" Hickman as gay moments before Herring was killed.

O'Hagan pointed to witness testimony that Herring had been shouting out that the two cousins were in a "secret sexual relationship." A witness said Herring even referred to a distinct mark on Hickman's body that Herring claimed to know of because of their sexual relationship.

Herring was taunting his cousin and trying to embarrass him, the prosecutor said. Neither he nor the defense addressed whether Herring was telling the truth.

Jurors agree that enraged man killed gay cousin, but shooting doesn't fit definition of 'murder' | OregonLive.com