Dwight DeLee

DWIGHT R. DELEE

Dwight DeLee shot and killed a transgender woman in 2008.  The New York Court of Appeals recently overturned his conviction. From the dissent in that decision: “On November 14, 2008, the victim was the front-seat passenger in a vehicle driven by his brother. Their friend was sitting in the back seat of the vehicle. The victim was homosexual, regularly dressed in women’s clothing, and preferred to be known as a female. According to more than one witness, the victim’s sexual orientation, clothing preferences and gender identity were common knowledge in the community. The victim’s brother pulled up in front of a house where a number of people were congregating, and the occupants of the vehicle proceeded to converse with some friends. Meanwhile, witnesses overheard several members of a different group of people on the street, which included defendant, making derogatory remarks about homosexuals. Defendant then went into the house, retrieved a rifle, and walked over to the victim’s vehicle. As defendant approached the vehicle, a witness overheard him say, “We don’t play that faggot shit.” Defendant then pointed the rifle into the open window of the vehicle and fired a single shot. Another witness testified that, immediately prior to the shooting, defendant made comments to the effect that he was “not done with this faggot[] . . . [He]’s not done with this faggot shit, and they needed to get out of there.” A third witness heard defendant say, “Get you faggots, get out of here . . . Get the f*** out of here.” The bullet grazed the victim’s brother and struck the victim, who died shortly thereafter as a result of extensive internal bleeding.”

News Report.

State. v. DeLee.

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