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Manslaughter conviction in park death by Seth Hemmelgarn
A
man who had been accused of intentionally choking to death another man in San Francisco’s Buena Vista Park in 2011 was found guilty of involuntary manslaughter this week, but jurors Courtesy SFPD acquitted David Mu- David Munoz Diaz noz Diaz of murder. In addition to the manslaughter conviction, Diaz, 25, was also found guilty of arson, mutilating human remains, and destroying evidence in the death of Freddy Canul-Arguello, 23, whose charred, mostly naked body was found in the park near a melted recycling bin just before 5 a.m. June 10, 2011. After the jurors announced their verdict in San Francisco Superior Court Tuesday, August 26, some indicated that they had deliberated most on whether to convict Diaz of seconddegree murder or involuntary manslaughter. They also could have convicted him of first-degree murder. The 10 men and two women had deliberated for more than five days over one week after listening to three weeks of testimony. Diaz, who wore a blue shirt and a dark suit and tie Tuesday, sat up straight throughout the reading of the verdicts and looked grim. Outside the courtroom, juror Prudence Hull, 63, said, “We felt that involuntary manslaughter is in fact part of the murder charge,” but the evidence wasn’t enough to support a conviction on first- or second-degree murder. Hull said jurors “ruled out fairly quickly” that there was premeditation on Diaz’s part in the killing of Canul-Arguello. “I don’t think he walked into the park that evening intending to kill this person,” Hull said. She added, “You never can see into the heart of another person. We had to just look at the evidence.” Much of the court testimony had been focused on fractures to cartilage in Canul-Arguello’s neck, and Hull said jurors felt “a lot of force” had been used to kill him. She said she and other jurors spent “a good bit of time” deciding between second-degree murder, for which there was “a strong case,” and involuntary manslaughter. She said there was “enough reasonable doubt that we did not all agree” on convicting Diaz of second-degree murder. During the trial, Diaz, who’s been in custody since his arrest in July 2011, testified through a Spanish interpreter that he and Canul-Arguello had met up in the Castro just hours before the death, decided to have sex, and walked to the park. They performed oral sex and other acts on See page 17 >>
Vol. 44 • No. 35 • August 28-September 3, 2014
Castro LGBT history plaques to debut Workers from Ghilotti Construction get ready to install the Christine Jorgensen plaque in the Rainbow Honor Walk in the Castro District.
by Matthew S. Bajko
T
wo decades after first being conceived, a history project honoring LGBT people will debut in San Francisco’s gay Castro district next week. Known as the Rainbow Honor Walk, the project consists of 20 bronze plaques memorializing deceased LGBT individuals who left a lasting mark on society.
The honorees, 14 men and six women, run the gamut from musical legends and beloved artists to LGBT rights pioneers and a Nobel Peace Prize winner. “Twenty years ago this idea came to me. It is incredibly moving to me to see the hundreds of people who came together over the years to make it happen,” David Perry, a gay local public relations professional, told the Bay Area Reporter this week as he surveyed
the sidewalk along Castro Street where the plaques will be installed. Perry is putting the finishing pieces together for the official dedication of the first batch of plaques, scheduled to take place at 11 a.m. Tuesday, September 2. Both Perry and Tom DeCaigny, a gay man who is the city’s director of cultural affairs, will make remarks at Harvey Milk Plaza that morning. See page 17 >>
LGBT groups respond to Ferguson Rick Gerharter
by Elliot Owen
St. Louis. Fueled by the nature of the shooting, the treatment of Brown’s body, and the police department preserving Wilson’s anonymity until nine days after the shooting, Ferguson residents called attention back to one of America’s largest problems – racism. During the first week, demonstrators were met with police in riot gear, armored vehicles, K-9 units, assault rifles, smoke grenades, stun grenades, tear gas, and rubber bullets. Scattered reports of looting and property damage surfaced, as did accounts of press censorship and police brutality.
T
he shooting of Michael Brown, an unarmed black teenager, by a white police officer in Ferguson, Missouri has prompted LGBT organizations across the country to join others in raising questions around the circumstances of his death in the almost three weeks since the incident. Brown, 18, was fatally shot by police Officer Darren Wilson around midday August 9. His bleeding body was left lying facedown, uncovered for a time, in the street for four hours while neighborhood residents, including children and Brown’s family members, looked on, horrified. Communities respond Elliot Owen According to news reports, at But Ferguson hasn’t been alone. least six different bullets caused Protesters gathered in front of the Phillip Burton Federal Building Expressions of solidarity have over a dozen different wounds and United States Courthouse in San Francisco Tuesday, August 26 ranged far and wide. On August to demand justice for Michael Brown and others killed by police. The 15, Palestinian groups and indiincluding two through his head. Police officials said Brown as- rally was organized by handsupunited.org. viduals signed a letter expressing saulted Wilson and a struggle for solidarity with Brown’s family as the aggressor, ultimately shooting and killthe officer’s gun ensued ending and the people of Ferguson. The ing Brown while he was either surrendering or with Brown fatally shot. According to the Los same day, the National Hispanic Leadership running from Wilson’s first shots. Angeles Times, a handful of witnesses, includAgenda publicly called for justice and extended In the subsequent days, protests to the ing Dorian Johnson, who was walking alongcondolences to Brown’s family. On August 19, shooting erupted in Ferguson, a working-class side Brown when the incident began, negate OCA-Asian Pacific American Advocates repredominantly African American suburb of Brown as the antagonizer and place Wilson See page 18 >>
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