Judge declares mistrial in case against NY man accused of fatally beating Ecuadorean immigrant

Mistrial declared in NY beating death of immigrant

NEW YORK — A judge has declared a mistrial in the case against a New York man charged with a hate crime in the death of an Ecuadorean immigrant.

Judge Patricia Dimango declared a mistrial Tuesday after a juror refused to continue deliberations.

Keith Phoenix was accused of beating Jose Sucuzhanay (soo-koo-suh-NEYE’) with a baseball bat. Sucuzhanay died several days later at a hospital.

Sucuzhanay and his brother were walking home arm-in-arm in December 2008. Prosecutors say Phoenix and co-defendant Hakim Scott targeted them because they thought the brothers were gay.

Scott was convicted Thursday of manslaughter and attempted assault in the attack, but a separate jury decided his acts were not motivated by hate. He will be sentenced June 9.

Two juries heard the case because the defendants had implicated each other.