151:. Cottrell told Dewitt that he was planning to travel. Dewitt testified in court that he told Cottrell that Phillips was attracted to him, and that Cottrell said he would "cold-cock" Phillips if he ever made a pass at him. Dewitt also testified that he had never seen Phillips act in an aggressive manner.
154:
Cottrell's aunt – Wendy McAnly – testified that
Cottrell confessed to the crime more than a week earlier, but his family didn't believe him. Cottrell's aunt and cousin testified that he had planned to kill Phillips because he was gay, and had lured Phillips into his hotel room where he
220:
to protect themselves against death, serious physical injury, kidnapping, and forced sexual intercourse. In
February 2001, Kentucky Representative Bob Damron sponsored a bill that would have added "deviant sexual intercourse" to the existing law. The Kentucky House Judiciary Committee amended the
264:
Cottrell was sentenced on March 1, 2005. The jury recommended
Cottrell be sentenced to 30 years; 20 for manslaughter, and another ten for theft and tampering with evidence. However, state law limited the judge to sentencing Cottrell to a maximum of 20 years.
807:"They asked for it': murderers of gay and transgender people across the country are still blaming the victims, claiming sexual advances can cause homicidal rage. Now prosecutors are joining together to get rid of the "gay panic" defense once and for all"
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When he realized
Phillips was dead, Cottrell says he panicked and put his body into the suitcase, which he said in court he'd brought to haul his belongings as he drifted between motel rooms and friends' houses.
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Prosecuting attorney Chris Shaw argued in closing that
Cottrell lured Phillips to his room in order to kill him, and then attempted to cover it up in a cold, calculated manner. Shaw added that Phillips's
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In May 2004, the trial was further delayed when Judge Henry Bland ordered a continuance after
Cottrell's defense attorney filed new discovery documents. The trial got under way in January 2005, at the
121:
A canceled check introduced into evidence showed that
Cottrell purchased the suitcase six days before the murder. Drops of Phillips' blood were found on the bathroom tiles in the hotel. Cottrell's
169:, and answered "He's gone. He's dead," when she asked him what he'd done. Gaddie also said she never heard Cottrell talk about strangling Phillips or use derogatory terms to describe him.
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motel room. When
Phillips arrived, Cottrell asked if Phillips liked him without his shirt, and when Phillips said yes and touched him, Cottrell put him in a headlock and choked him.
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62:, with a friend later identified by investigators as 21-year-old Joshua Cottrell. Several days later, his truck and other belongings were found abandoned in southern
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On Friday, June 27, 2003, Cottrell, an acquaintance of
Phillips's, was arrested and charged with Phillips's murder. Prosecutors announced that they would seek the
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Neither the defense nor the victim's family had immediate comment on the verdict or sentencing. One month later Greg
Phillips, the victim's brother, told
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if necessary. "But what set it all in motion, he was privileged to do," Drabenstadt said. "What set it in motion were the actions of a 36-year-old man."
66:. A witness later told police she saw Phillips and Cottrell together in Phillips's truck the same day. That was the last time Phillips was seen alive.
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185:. Cottrell then put Phillips in a headlock, pulled him to the floor and "started hitting him as hard as I could, as many times as I could."
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Cottrell's cousin – Tara Gaddie – testified that Cottrell arrived at her home in Phillips' truck after disposing of his body in
69:
Phillips's mother – Marge Phillips – reported her son missing and told police she feared he had been harmed because he was gay.
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201:, arguing that Phillips's own actions "led to a chain of events that caused his death, " and that Cottrell was within his rights under
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measure to replace "deviant sexual intercourse" with "forced sodomy," and clarify its definitions of "force," "threat," and "attempt."
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Rob Dewitt, a friend who introduced Phillips to Cottrell three years earlier said that Cottrell bought a set of luggage at the
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After deliberating for nine hours, the jury returned with its verdict. The jury had the option of finding Cottrell guilty of
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was also found on a cigarette in Phillips' truck. Previously, investigators were unsure whether Phillips had been killed at
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81:, unzipped it and found Phillips's body inside. Phillips was identified by personal items found with the body and a
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looking for a job, Phillips came into his motel room uninvited, tried to kiss him, and attempted to force him into
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Courthouse, where he pleaded not guilty to charges of murdering Phillips. He was then held on $ 500,000 bond.
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In Kentucky, committing a crime against someone because of the victim's sexual orientation is considered a
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was a "primary factor" in committing the offense. The prosecution in Cottrell's case did not pursue
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46:. Phillips disappeared on June 17, 2003. His body was found on June 25, 2003, in a suitcase in
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men. Shaw said that if Phillips made sexual advances Cottrell should have walked away.
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based on forensic evidence that showed Phillips was most likely killed in Cottrell's
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was immaterial in the case, except for Cottrell's "steaming anger" toward
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law to fight back to protect himself from being raped, including use of
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hotel room. The change in jurisdiction delayed the start of the trial.
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On Wednesday, June 25, 2003, two fishermen pulled a suitcase out of
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On June 17, 2003, Phillips was seen having lunch at a restaurant in
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In court, Cottrell testified that after he drove Phillips around
439:"Prosecutors Seek the Death Penalty For Suitcase Murder Suspect"
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of more than 300 dollars, and tampering with physical evidence.
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590:"Kentucky murder was bias motivated, suspect's family says"
717:"Kentucky considers, expanding, or canceling rights laws"
685:"Deadly force bill adds 3 crimes to lethal-defense list"
497:"Court Records: Suitcase Murder Suspect Admitted Crimes"
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Cottrell's defense attorney employed what is called a
320:in July, 2007—2½ years after his conviction.
158:McAnly said that Cottrell invited Phillips to his
350:"Suspect Named In Case of Body Found in Suitcase"
212:Drabestadt may have been referring to a Kentucky
103:Cottrell was arraigned on June 28, 2005, at the
408:"Missing Man's Body Found In Suitcase In Lake"
110:In October 2003 Cottrell's trial was moved to
891:Violence against gay men in the United States
8:
881:Deaths by strangulation in the United States
653:"Jury Rejects Murder Verdict in Gay Slaying"
526:"Suitecase Murder Trial Delayed for Months"
468:"Suitcase Murder Suspect Pleads Not Guilty"
871:American victims of anti-LGBTQ hate crimes
129:, where his body was found, or elsewhere.
746:"Cottrell Found Guilty of Lesser Charge"
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280:if it is determined that the victim's
886:June 2003 crimes in the United States
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805:Lindenberger, Michael (2005-04-12).
381:"Family of murder suspect speak out"
559:"Cottrell's Cousin Takes the Stand"
38:(1967 – June 17, 2003) was a
901:20th-century American LGBTQ people
775:"20 Years In Kentucky Gay Slaying"
272:. At sentencing, a judge may deny
25:
896:2003 murders in the United States
1:
841:Richie Phillips Memorial Page
783:. 2005-03-01. Archived from
715:Resnick, Eric (2001-03-02).
661:. 2005-02-01. Archived from
598:. 2003-08-28. Archived from
532:. 2004-05-05. Archived from
503:. 2004-05-05. Archived from
474:. 2003-07-01. Archived from
445:. 2005-01-05. Archived from
416:. 2003-06-26. Archived from
358:. 2003-06-27. Archived from
330:Violence against LGBT people
876:People murdered in Kentucky
683:Cheves, John (2001-02-21).
622:"Joshua Cottrell Testifies"
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620:Zager, Eric (2005-01-28).
557:Zager, Eric (2005-01-21).
316:Cottrell was eligible for
255:second degree manslaughter
216:permitting people to use
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140:Friend and family testify
916:Elizabethtown, Kentucky
866:American murder victims
690:Lexington Herald-Leader
386:The Cincinnati Enquirer
214:"stand-your-ground" law
155:hit and strangled him.
60:Elizabethtown, Kentucky
44:Elizabethtown, Kentucky
752:. 2005. Archived from
722:Gay People's Chronicle
237:Verdict and sentencing
911:2003 in LGBTQ history
304:charges against him.
173:Cottrell's testimony
73:Discovery and arrest
18:Guin Richie Phillips
193:"Gay panic defense"
105:Breckinridge County
99:Trial and testimony
294:sexual orientation
227:sexual orientation
247:reckless homicide
199:gay panic defense
88:on the shoulder.
16:(Redirected from
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861:2003 deaths
856:1967 births
850:Categories
823:2007-07-31
791:2007-07-31
780:365Gay.Com
760:2007-07-31
728:2007-07-31
701:2007-07-31
669:2007-07-31
658:365Gay.Com
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393:2007-07-31
366:2007-07-31
336:References
302:hate crime
270:hate crime
54:Background
274:probation
750:WKYT.com
324:See also
298:religion
203:Kentucky
183:oral sex
36:Phillips
83:Wildcat
64:Indiana
42:man in
318:parole
278:parole
243:murder
86:tattoo
32:Richie
296:, or
286:color
249:, or
282:race
28:Guin
276:or
231:gay
123:DNA
40:gay
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