NYC Gay Man’s Killer Indicted; Lawyer Blames Murder on Client Being Sexually Abused as a Child

The New York Daily News reports that a Manhattan Criminal Court has indicted Elliot Morales, 33, who shot Mark Carson, 32 (pictured), in the West Village on Saturday night in a hate crime murder. Morales did not appear in court, but his attorney did. Writes the Daily News:

Mark carson realThe lawyer, Kevin Michael Canfield, later said Morales is not guilty of the slaying and is "devastated by the charges."

"He didn't murder anybody," Canfield said, suggesting there were other factors at play.

"He was sexually abused as a child by a male authority figure which led to a lifetime of alcoholism and drug abuse," Canfield told the Daily News, adding, "It's a terrible tragedy."

Despite other factors which may have contributed, Morales was caught soon after he shot Carson, and the gravity of the situation is very real. Towleroad previously reported on Morales' charges which included murder as a hate crime and weapons charges, as well as the massive march and rally which followed on Monday.

The Daily News recalls the incident:

"Look at you faggots, you look like gay wrestlers," Morales allegedly told victim Mark Carson and his friend minutes before policed say he shot Mark Carson, 32, in the head.

Authorities said he callously laughed as he confessed to the random killing. His gleeful expression came as he allegedly told investigators, "I shot him in the face."

The indictment follows several weeks of increased anti-gay bias incidents in New York City, including the beating of two separate gay couples near Madison Square Garden, as well as an attack on New York nightlife promoter Dan Contarino. The Daily News reports that Morales will face "his Supreme Court arraignment on June 18th." For now, he is being held at Rikers Island with no bail posted.


  1. jjose712 says

    He is devastated by the charges´

    What kind of charges was he expecting after killing a man?

    And frankly i don’t care about his previous life, even if he was really abused, he didn’t kill his abuser, he killed someone who didn’t make him any harm

  2. says

    ….so….we LGBT folks can kill any straight person and be “inncoent” because, um, maybe at some point in our life we were physically, mentally, sexually, or emotionally abused by a Straight Authority Figure?

  3. Kevin_BGFH says

    “He didn’t murder anybody” but there are other factors stemming from childhood sexual abuse?

    Which is it? If he didn’t murder anyone, why would there be any other factors?

  4. Sam says

    WTF ever. If he was upset about having been abused as a child, then why not go after his abuser? I say that rhetorically of course. Murder is always a bad idea. Which most people realize, including pretty much all people who have been abused and do not go out and kill a random person as a result.

  5. Factoid says

    This defense is disgusting on many levels.

    1. its implying – what? That gays are pedophiles?

    2. its saying that victims of sexual abuse, even if he’s not lying, should have open season to kill

    3. and the list goes on

    wow, they should just plea and go straight to jail

  6. Taylor says

    I know that everyone is entitled to the best defense they can come up with. But, how do some of these defense lawyers sleep at night?

  7. Taylor says

    I know that everyone is entitled to the best defense they can come up with. But, how do some of these defense lawyers sleep at night?

  8. ousslander says

    WEHo the eff cares if he was molested? cry me a river. everything gets excusable with a sob story. If he was that messed up he should have just killed himself.

  9. Francis #1 says

    I wonder what would happen if I coped to a straight panic defense in response to me beating up a random straight guy. Or if a defense lawyer would even take up my case if I was angling for such an excuse for why I did what I did.

  10. Francis #1 says

    I wonder what would happen if I coped to a straight panic defense in response to me beating up a random straight guy. Or if a defense lawyer would even take up my case if I was angling for such an excuse for why I did what I did.

  11. Profe Sancho Panza says

    Google shows this isn’t the first murder case this lawyer has argued where the facts of the crime aren’t in dispute, so he goes with variations of “out of his mind” and tries for manslaughter. He made that argument back in February for Michael Kenny, the guy who stabbed his estranged wife after seeing a topless cell phone photo of her. The jury didn’t buy it, and they won’t buy it here.

  12. jaragon says

    Give me a break! I’m surprise he didn’t mention twinkies or the gay panic defense.

  13. Lucas H says

    Also: a couple of other articles I read describe this guy as having a VERY violent and troubled history, being in and out of prison.

    He NEEDS to be off the streets. Permanently. He’s obviously a danger to the public.

  14. Bollux says

    If he thought he got butthurt as a wee’un…he gonna be Sing-singing soprano at the Graybar Hotel.

  15. Will says

    I hope he gets sentenced to the maximum amount of time possible. Anyone who is willing to walk up to a stranger or anyone else for that matter in a public place and shoot them at point blank is a threat to society no matter what defense some low life lawyer makes up.

  16. Padre Vuestro says

    If sexual abuse made homicide justifiable there’d be no more priests. Nice thought, but try again.

  17. greenfuzz says

    Posted before and now it’s gone. A lot of us had pretty bad upbringings but we didn’t go out and end someones life.

  18. andrew says

    The sexually abused as a child defense is so overused it is ridiculous. Do jurors ever buy that bull $hit?

  19. ratbastard says

    The guy is probably mentally ill, has a so-called personality disorder, and has serious substance abuse problems. He should not have been out on the streets. That’s the real scandal, not the BS his lawyer is using to defend him. He’s just doing what lawyers do.

  20. Acronym Jim says

    Ah, so now we have to put up with a proactive gay panic defense in addition to reactive gay panic. This is why neither should be allowed as a defense.

    Keep tapping Mr. Lawyerman. Roxy needs a book deal.

  21. Queer Supremacist says

    Can we bring back public stoning just for this piece of breeder filth?

  22. Jeton Ademaj says

    his gay panic defense is typical, but he would need a Utah jury to have any chance of selling the claim he did not MURDER anyone. his acts practically define words like “malice” and “intent”…NOTHING about his crime bespeaks delirium or lack of control.

    he seems to have wanted to return to prison, not surprising given his long recent stint.

    clearly he felt that sacrificing the life of an innocent queer man was a low-risk choice. after all, queers too-rarely fight back…we are lulled by rallies that induce large groups of us to pretend and convince each other that reacting non-violently to a murderer is somehow the safest and “best” choice.

    keep aware of your surroundings, always. if some shmuck insults you with the slightest hint of menace as you pass by, keep your wits about you and don’t be caught off guard.

    if someone pulls a knife or gun on you, DO NOT GO PASSIVE! DON’T EVER LET ANYONE TELL YOU OTHERWISE.

    FIGHT…your life and the lives of loved ones could easily depend on it.

  23. Caliban says

    Is it wrong that I’d like to see some gay person snap and shoot one of these “professional homophobes” in the face then claim PTSD as a defense?

    Then we’d see some outrage!

  24. says

    Caliban – according to the non-logic of this murderer’s defense, it doesn’t even need to be a killing of a homophobe!

    this is pretty much laying groundwork for LGBT people to kill an straight person that we ever see, at any place, ever.

    why/ because, you know, we may have been abused in some form by a Heterosexual Authority Figure at some point.


    “Sorry officer, i noticed that they were straight and i panicked because there have been so many attacks recently, and i worried that they might get gay-panic and kill me so i had to preemptively kill them first”

  25. Jeton Ademaj says

    to Raykiwi: i held my nose n voted Obama this last election, and Ralph Nader every other Presidential election since 1996. Clinton in 92. only Republican i ever voted for was D’Amato over Schumer in 96, with no regrets…Schumer’s pathetic slander of “antisemitism” (D’Amato called him a “putzhead”!) was how he become Senator that year.

    i invite your cheap doubt, since you’re the guy who loves projecting fantasies of distant fathers and fundie midwestern childhoods in every direction. your question was posed in hopes of “quarantining” the very idea of self-defense, but i invite you to deny that as well.

    “violent/aggressive self-defense is SOOOOO RIGHT-WING, MAAAAN…’REAL MEN’ go lobbying children’s classrooms to change opinions and open minds!”