1. Wes says

    “Police have not determined whether the murder will be considered a hate crime.”

    Really? Is it even possible to have a clearer case of a hate crime? Do killers need to write their motive out in the victim’s blood or something?

  2. haterz says

    ratbastard/pretty rat boy or his wannabes make an ugly appearance here in 3…2…1…

  3. Francis says

    True, Wes. Obviously, there is absolutely no question this is a hate crime.

    What a horrible story. Goes to show how some homophobes hate “gay” and everything in their mind encompasses that, than they love their own kids and family. People like this see their child’s non-heterosexuality as a dishonor to their family itself, and many times blame the partner for “turning” their kid from heterosexuality. So sick and demented. RIP to the two deceased women.

  4. Xtab says


    The police don’t have the authority to determine whether or not the murder was a hate crime. That’s up to the district attorney.

  5. Dave says

    It’s capital murder, in Texas. Determining whether or not it’s a hate crime will only effect reporting; since he’s already eligible for the death penalty, it can’t really effect sentencing.

  6. Rubén says

    Oh. Another Hispanic murdering a queer person. Surprise, surprise. Reminds me why I left Mexico.

  7. Bushsucks says

    Any bets we see a startling “panic Defense” based on the defendants’ religious beliefs. I bet this is one murderer that GW BUSH would have no problem paroling.

  8. Xtab says

    That’s strange, Ruben, because Hispanics in Texas are generally more supportive of gay rights than Anglos.

  9. Rubén says

    I’m related to half of the Hispanics in Texas. We’re all “primos.” That’s why I live in Oregon.

    They are not supportive. Most of them will happily have us lobotomized.

  10. ratbastard says

    Savage. Imagine murdering 2 people because your daughter is lesbian. I bet alcohol was involved.

  11. Craig says

    On the whole hate crime question (which isn’t really a question), please remember that this crime occurred in Austin/Travis County. and that the Travis County District Attorney is an out lesbian. I think the addition of a hate crime enhancement will be taken very seriously, though I won’t go so far as to say it is a forgone conclusion it will be added to the charges.

  12. Randy says

    This is clearly a hate crime motivated by homophobia, not a “forbidden romance”. KXAN better get that right.

  13. jonno says

    Reminds me why I never want to live in or visit Texas. I cannot imagine a clearer hate crime. Hopefully the DA will see that as well.

  14. Danny says

    @Ratbastard: you bet alcohol was involved? I bet Jesus was involved. The dude’s clergy should be detained and examined.

  15. Realest Turtle says

    Anyone who commits a double homicide should receive the death sentence, but why should there be a distinction between a murder motivated by homophobia and one that isn’t? WOuld their deaths have been less lamentable if they had died had died during a robbery? Regardless of the question of “why,” the net result is the same in both cases: two people’s right to live taken by another, and the two families left behind.

  16. Craig says

    Realest Turtle, So you favor doing away with all distinctions between first degree murder, second degree murder, justifiable homicide, voluntary manslaughter, involuntary manslaughter, vehicular manslaughter, depraved indifference and any similar act and replacing it with a generic offense: “Act that causes the death of another”? We make distinctions in motive and the thought process of the perpetrator all the time. Why not enhance those motivations society deems more abhorrent? Even ultra right winger William Rehnquist agreed its constitutional when he, quoting the famed English judge William Blackstone, who heavily influenced early American jurisprudence, “it is but reasonable that, among crimes of different natures, those should be most severely punished which are the most destructive of the public safety and happiness.”

    I tend to agree. consider this example: suppose some person commits an act of vandalism buy throwing an open can of paint at the door of some random house for kicks. Not suppose the same person uses a paint brush to paint a swastika on the door of the home of a Jewish family. While both are acts of vandalism, the second is far worse as it is likely to send shockwaves through the community, making every Jewish person in that community a little more fearful of their neighbors. Again quoting Rehnquist in defending hate crime enhancements, it has been shown that “bias-motivated crimes are more likely to provoke retaliatory crimes, inflict distinct emotional harms on their victims, and incite community unrest. […] The State’s desire to redress these perceived harms provides an adequate explanation for its penalty-enhancement provision over and above mere disagreement with offenders’ beliefs or biases.”

  17. Ben in Oakland says

    Here we have it. Two families wrecked, sacrificed on the altar of homohatred.

    And yet, somehow, it’s all our fualt.

  18. Realest Turtle says

    @Craig: I meant that two premeditated murders should be treated equally under law, regardless of motive. My example of robbery wasn’t appropriate for the point I was trying to make: while some robbery/murders do qualify as premeditated murder, not all do. A better case would be the premeditated murder of two children by a stranger. Would the perpetrator of said crime necessitate less punishment than the accused in this case?
    Your counterexample of manslaughter is unrelated to this argument because manslaughter lacks “intent to kill.” Similarly, differences between first and second-degree murder and justified homicide involve intent to kill and crimes committed along with the murder. These distinctions are valid in determining the severity of the crime; obviously planning to kill someone demonstrates greater danger to scoiety than killing someone accidentally or in self-defense. It shows that the person is capable of killing and could kill again, but it does not matter WHOM may be killed or WHY.
    I also disagree with your assessment that premeditated crime against a random target causes less damage to a community than a hate crime. Returning to the example of the murdered children, such a case would inspire paranoia and anger in most people in any community. Feeling unsafe due to crime is not unique to minorities being targeted for hate crimes; consider neighborhoods where the houses have bars over their windows and residents sleep with guns under their pillows in case of a burglary.

  19. Shannon says


  20. Carlos says

    This makes me sick and all sorts of anger issues come up for me. I’m Mexican and I often keep my distance from most Mexicans. I hope the murderer and his accomplice get the death penalty. Cultural sensitivity, my eye!

  21. says

    The newspaper keeps referring to Ms. Aviles as “high school-age” (to give the impression she was a minor) although they also admit she was 18.

    @JONNO: Thank you for staying out of Texas.

  22. wyocwboy62 says

    Hello look what state this happened in…Texas a conservative state….no hate crimes there…right!

  23. DALLASTX says

    @JONNO – This has little to do with geography, regardless of personal stereotypes of Texas. Yes, it’s generally conservative when taken in context with the whole US. But the large cities are far less so generally speaking, especially the city/ies proper. And this happened in Austin, the “San Francisco of the South” and arguably most “liberal” city in Texas. This has to do with a disturbed man and the tragic death of others because of his disturbed nature, which could happen anywhere.

  24. Francis says

    Shannon, please GTFO. Thanks.

    BTW, everyone saying “Texas sucks”. Austin is one of the most gay friendly places in the south/southwest. There was an unfortunate hate crime there last year, but it was by out of city thugs. So, don’t tarnish Austin because of stereotypes.

    This is much more of a cultural thing that it is anything else. It’s basically a honor killing type thing.

  25. Frederick says

    I’m sorry, but I have to disagree with Realest Turtle’s comment. I live in San Jose, CA, which has a very large Mexican-American population. When my partner and I got married here in 2008 (when same-sex marriage was briefly legal in CA), we tended to get mostly positive responses & support from many of our Mexican-American neighbors & coworkers. Therefore, I feel it simply isn’t right to make such a blanket statement that ALL Mexican-Americans are homophobic haters.

  26. dh says

    Hispanics are MUCH less conservative than people imagine. Machismo may still be alive, but it’s changed a lot in the last decade.

    Latin America is further ahead on gay marriage than we are, if not on hate crime legislation.