Self defense…

Marine Ordered To Stand Trial In Gay Murder

A San Diego judge has ruled there is enough evidence against a U.S. Marine for him to stand trial for murder with a hate crime enhancement in the slaying of a gay man in 2006.

… 

Following his arrest, Hardy told San Diego police homicide detectives that he passed out at Catolico’s apartment and later awoke later to find Catolico trying to sexually assault him. 

According to Hardy he felt violated and that “one thing led to another and I ended up choking him.”

One thing led to another…

Hardy’s attorney told the court that the murder was not a hate crime – but rather self defense – and that [the district attorny] had not established that Catolico’s sexuality had anything to do with the killing.

But, [the district attorny] countered that Hardy knew full well that Catolico was gay and had agreed to share his bed.  

"He had time to think about it, and he formed a plan in his mind for the victim to lay on his stomach, and that’s when he decided to choke him out"…

[the district attorny] also told the court that following the murder Hardy went out for fast food, and then brought it back to the apartment and ate it while playing video games on Catolico’s computer.

Presumably with the corpse of the man he claimed had sexually assaulted him still in the bedroom.  How does any sane person look at his, and believe that there was an assault to begin with?  But you see this kind of thing over and over again in gay panic defenses.