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Updated 02/28/2009 03:59 PM

Second Suspect In Fatal Beating Charged With Hate Crime

By: NY1 News

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The second man wanted in connection with the beating death of an Ecuadorian immigrant was arraigned Saturday morning on charges of second degree murder as a hate crime and acting in concert.

Keith Phoenix, 28, is now being held without bail.

Second Suspect In Fatal Beating Charged With Hate Crime

Police say Phoenix was found Friday morning hiding in the bathroom of a Yonkers apartment. The elderly owner, who raised one of Phoenix's friends, made authorities aware about the suspect's presence.

Hakim Scott, an alleged accomplice, was arrested Wednesday; the 25-year-old was arraigned Thursday on charges of second-degree murder as a hate crime.

Police say he made a full confession after his arrest.

The two men are charged in the beating death of José Sucuzhañay, 31, and the injury of his brother Romel.

Mayor Michael Bloomberg said the brothers were victims of "a deadly combination of ethnic and homophobic prejudice."

Police allege Scott and Phoenix attacked Sucuzhañay and his brother with baseball bats as the two were walking home from a party in Bushwick in December.

Police Commissioner Ray Kelly says the attackers screamed anti-gay slurs during the attack. He said there may be other suspects in the case.

Second Suspect In Fatal Beating Charged With Hate Crime
Romel and Diego Sucuzhañay, the brothers of José, made their first public appearance but did not speak at the press conference. Council Speaker Christine Quinn said their appearance is an expression of gratitude to the police department and the entire city.

During a press conference Friday, city officials said the arrests send a message that such brutal hate crimes will never be tolerated in the city.

"You picked the wrong city if you want to be intolerant," said the mayor.

"We cannot stay silent when people are attacked because of their sexual orientation, their race, their gender, or whatever it is," said Hynes. "Because clearly here, these two young men were attacked because these people, these cretins thought they were gay. And it makes it no less despicable that they weren't gay."

The police commissioner also praised the painstaking efforts of the detectives and Brooklyn district attorneys office.

Phoenix is expected to be back in court on Monday.