Video -- Vigil held at site of Troy Clattenburg's murder
IntoTheLightWalk.com, February 6, 2012

On Sunday, February 5, 2012 a vigil was held outside the home where Troy Martinez Clattenburg was murdered in 2010 after he made a pass at a straight male acquaintance. At the vigil was Troy's mother, sister, brother-in-law, nephew, neighbors, friends and local supporters from the San Antonio area. The event was part of the Into the Light Walk, a cross-country effort to visit sites where LGBT people have been murdered or took their lives as a result of discrimination.

Gay murder victim's family pleads for harsher penalties
KENS5.com, May 25, 2011
The mother and sister of Troy Martinez Clattenburg, a gay man who was murdered last year after he made a pass at straight acquaintance, say that hate crime laws are not being prosecuted to the full extent of the law. 

Cory James Carmichael (Video capture KSAT-TV 12)

Killer of gay man sentenced to 40 years
QSanAntonio.com, April 1, 2011

On February 24, 2010 22-year-old Cory James Carmichael told police that he shot 24-year-old Troy Martinez Clattenburg in the head because the young man had made a pass at him. On Thursday, Carmichael was sentenced to 40 years in prison for the crime.

Clattenburg was shot inside his mother's apartment in the 1400 block of West Bitters Road. The SAPD traced the victim's last phone calls to Kyle Van Heynigen who told detectives he gave Carmichael the handgun used to kill Clattenburg. No charges were ever filed against Van Heynigen. (See related stories below.)

According to Clattenburg's family, Clattenburg had recently met Carmichael and Van Heynigen and invited them to his mother's, where he lived. While there, Carmichael told police, Clattenburg made a pass at him. After he and Van Heynigen left, Carmichael said he returned to Clattenburg's apartment with the gun and shot him in the back of the head.

Testifying at Carmichael's bond hearing in June 2010, Ruth Clattenburg recalled the morning when she awoke to find her son dead on the floor. With tears in her eyes she recounted how she ran to a neighbor’s apartment to have her call police, then going back to her own apartment to cover her son’s body with his favorite blanket.

Ruth Clattenburg (Video capture KSAT-TV 12)

There was no trial since Carmichael pleaded guilty to the murder. Under the terms of the plea bargain he is sentenced to 40 years with the possibility of parole only after 20 years.

In an interview with KSAT-TV Ruth Clattenburg said she would have preferred a trail. "I want to know why he killed my son," she said. "And without a trial, I feel as though I never will know. I have no answers and it haunts me."

Convicted Killer Sentenced To 40-Year Prison Term
KSAT.com, March 31, 2011
Cory James Carmichael sat silently in the courtroom as pictures of the man he killed, Troy Clattenburg, 24, were shown on a movie screen with music playing in the background. It was part of what is called the victim impact statement, which is allowed by law.

Man who blamed sexual advance for murder gets 40 years
San Antonio Express-News, April 1, 2011
Newly convicted killer Cody James Carmichael wept Thursday as he was placed in a jury box and forced to watch a lengthy photo slideshow depicting a young man he shot execution style a year ago.

Clattenburg’s confessed killer gets house arrest
QSanAntonio.com, June 2, 2010

After admittedly killing Troy Clattenburg because Clattenburg made a pass at him, Cody Carmichael spent three days in jail and was set free on $100,000 bond without any conditions. On June 1, Judge Andrew W. Carruthers put new restrictions on Carmichael’s freedom.

The new conditions set for Carmichael’s bond include wearing a GPS bracelet, a partial house arrest (he may go to work), random drug and alcohol testing, and a no contact order that forbids him contacting the Clattenburg family or going near their home.

Ever since Carmichael was released on bond, Clattenburg’s family has been lobbying for his incarceration without bond. However, given that Carmichael has a clean record, is holding down a job and is living with his family, State’s attorney Rebecca Perez was unable to convince Judge Carruthers that he should be in jail until he goes to trial.

Members of the Clattenburg family told QSanAntonio that they were pleased with the Judge’s decision despite it not being what they ultimately wanted.

Friends of the Clattenburg family and supporters from the GLBT community filled the small courtroom to capacity. Some wore t-shirts with Troy Clattenburg’s image while others held photos of the slain gay man.

Clattenburg’s mother testified about the morning in February when she awoke to find her son dead on the floor. With tears in her eyes she recounted how she ran to a neighbor’s apartment to have her call police, then going back to her own apartment to cover her son’s body with his favorite blanket.

Carmichael’s step father, Ed McLaren, testified that Carmichael has been working steadily at a series of jobs -- at a gas station, a car dealership and most recently, as a construction worker. When asked by the State’s attorney if Carmichael had any anger management issues McLaren replied, "He’s just a normal teenager and gets upset but that’s typical."

McLaren also testified that six months ago he and Carmichael’s mother found that Cody had left some marijuana in the family truck and that they reprimanded him for it.

Troy Martinez Clattenburg in a photo from last Christmas and with his mother and seven brothers and sisters. (Photos courtesy Ginger Hicks)

Murdered gay man’s family says his killer should not be free
QSanAntonio.com, May 20, 2010

Update: May 24, 2010 -- For the second time, the District Attorney's office has failed to properly give notice to the defendant of the scheduled hearing, therefore today's hearing was reset to June 1, 2010 in Judge Carruther's Magistrate Court, basement of Bexar County Courthouse, 100 Dolorosa.

The family of a gay man who was murdered after he made a pass at a male acquaintance say the killer should not be free on bond.

Cody Carmichael shot Troy Martinez Clattenburg to death on February 21. Carmichael told police that he killed Clattenburg because he made sexual advances toward him. Carmichael spent three days in jail before he was released on a $100,000 bond without condition.

Since Clattenburg’s death, his family has been publicly vocal about the nature of the killing. As a result of their efforts, the San Antonio Police Department on April 14 designated the murder a hate crime. (See related story below.)

The family also has been upset that Carmichael is not in jail but free on bond. According to a posting on Facebook by activist Jay Morris, who’s been working with the family to get the word out to the GLBT community, "With Cody out on the street, Troy’s family has expressed deep concern that Cody may strike another member of our community or a member of their family. Therefore, they’ve pressed to have some sort of conditions placed on Cody’s bond."

Carmichael's hearing is scheduled on Monday, May 24 at 2:30 p.m. at the Bexar County Courthouse in Judge Andrew W. Carruthers’ court. The family is asking the GLBT community to come to the hearing and show support for their cause.

SAPD says gay man’s murder is hate crime
QSanAntonio.com, April 15, 2010

In an apparent change of opinion, the San Antonio Police Department has told the family of a gay man murdered after he made a pass at a male acquaintance that his death is indeed a hate crime.

Cody Carmichael shot Troy Martinez Clattenburg to death on February 21. Carmichael told police that he killed Clattenburg because he made sexual advances toward him. When the story was first reported in the San Antonio Express-News, a police spokesperson said that the case "lacked elements to prove a hate crime occurred."

Ginger Hicks, Clattenburg’s sister, told QSanAntonio that she and her mother met with police officials, including Deputy Chief Jose Banales, on April 12. Also at the meeting was Dr. J. Lynne Armstrong, the Stonewall Democrats GLBT liaison to the SAPD and a member of the Peace Officer’s Training Committee.

Clattenburg’s family has been publicly vocal in their desire to see the murder designated as a hate crime. "Our family has been wounded beyond words," says Hicks, "we want everyone to know the real reason our bother was murdered. This was an evil act on an innocent person."

Hicks described her brother as "one of the most gentle-natured, childlike, whimsical, loving, trusting and forgiving person anyone could know." She adds that Clattenburg enjoyed cooking, artwork, hiking and socializing with friends. "To truly understand what a tragedy this is you would have to know Troy and what a beautiful person he was."

Clattenburg was shot inside his mother's apartment in the 1400 block of West Bitters Road. The SAPD traced the victim's last phone calls to Kyle Van Heynigen who told detectives he gave Carmichael the handgun used to kill Clattenburg. No charges have been filed against Van Heynigen.

Hicks says that in a conversation with a lawyer at the District Attorney’s office she was told that since the crime is first degree murder, Carmichael already faces the most severe punishment the law will allow. Hicks says that even with that harsh punishment, the family wanted to make sure that the public knew the real motive behind her brother’s killing.

Fatal shooting linked to unwanted sexual advances
San Antonio Express-News, March 16, 2010
Despite a man's confession that he fatally shot another man because of unwanted sexual advances, the San Antonio Police Department is not investigating the shooting as a hate crime. Police said last month's slaying of Troy Martinez Clattenburg — the son of Cesar E. Chavez Legacy and Educational Fund founder and president Jaime P. Martinez — lacked elements to prove a hate crime occurred. However, a police spokeswoman declined to elaborate.

Community and family deserve response from SAPD on hate crimes
Commentary by Sam Sanchez, QSanAntonio.com, April 2, 2010

About a week ago, Yvonne Jonas, President of PFLAG San Antonio, received an email from Alice Clattenburg the aunt of Troy Clattenburg, a young San Antonio man who was murdered after he made a pass at a male acquaintance.

Alice Clattenburg and her husband George are members of PFLAG Boston. They were reaching out to see if Jonas could help them find out why the San Antonio Police Department had not deemed their nephew’s killing a hate crime.

Cody Carmichael was charged with murder after he confessed to detectives that he shot Clattenburg because the victim made sexual advances toward him. Despite the confession, the San Antonio Police Department is not investigating the shooting as a hate crime. A police spokesperson said that the case lacked elements to prove a hate crime occurred. (Click here for related story.)

Clattenburg’s mother and sister have been interviewed in local media and say they believe the murder was a hate crime. However, the police department’s silence on the case persists.

There have been at least two other deaths in San Antonio in the last seven months that seemed like hate crimes but were not classified as such by the SAPD.

In November 2009, a man arrested for murder told detectives he killed to stop the victim from making sexual advances towards him. According to an arrest warrant affidavit, 22-year-old Enrique Santos admitted to punching Jorge Sgetelmeg and hitting him several times in face with a rock.

In the early morning hours of August 31, 2009 James Lee Whitehead (a.k.a. Niki Hunter) was walking along Ogden street where he encountered three armed assailants who knocked him to the ground and began beating him. A policeman responding to the attack accidentally killed Whitehead when he shot at one of the assailants.

"Some in the gay community think Whitehead was intentionally targeted for his sexual orientation," wrote the San Antonio Express News, "but police spokesman Sgt. Gabe Trevino said detectives found no evidence of a hate crime, because no witnesses reported hearing derogatory slurs during the incident."

The Texas Hate Crimes Act defines hate crimes as "crimes that are motivated by prejudice, hatred or advocacy of violence including, but not limited to incidents for which statistics are or were kept under the Hate Crimes Statistics Act."

The federal law further defines hate crimes as crimes that manifest evidence of prejudice motivated by race, color, religion, national origin, a victim's actual or perceived gender, sexual orientation, gender identity, and disability.

In 2008, the year for which the most recent statistics are available, the largest percentage of hate crimes committed in Texas were racial in nature. However, the second most commonly reported bias motivation was sexual orientation. In fact, 22 percent of hate crimes committed in Texas in 2008 were against GLBT citizens. (See above chart.)

The failure to classify these most recent murders in San Antonio as hate crimes is troubling. Underreporting of hate-fueled criminal acts gives the impression that there is no problem.

Given the description in the law and the confession by the shooter, it would seem that at least in the matter of Clattenburg’s death, the determination would be cut and dry. If the police have not classified this murder as a hate crime, then they should share the reason why with his family and with the community.