The lawyer for one of the men charged in the deadly beating of an Ecuadorian immigrant in Brooklyn said Sunday that his client acted in self defense.

Keith Phoenix, 28, pleaded not guilty to charges of second-degree murder as a hate crime and acting in concert.

He was held Sunday without bail and was due back in court Monday.

Phoenix's lawyer says Jose Sucuzhañay and his brother kicked Phoenix's SUV in Bushwick in December, and that Phoenix's codefendant, Hakim Scott, started fighting with the brothers.

The lawyer says Phoenix tried to break up the fight, and thought Sucuzhañay was reaching for a weapon.

But police say there is no evidence to support Phoenix's version of events.

Investigators say Phoenix and Scott attacked the brothers as they walked arm in arm because they thought the brothers were gay.

Sucuzhañay died a few days after the attack.

Phoenix's lawyer said his client is remorseful about the incident, but that it was not a hate crime.

Scott is charged with second-degree murder as a hate crime.