April 23, 2009

Transgender murder trial: reporter's notebook

Posted: 09:17 AM ET

GREELEY, Colorado–Guilty times four. Allen Andrade stood to hear the judge read the jury’s verdict. He showed no emotion, though there were a few audible sobs in the packed gallery. After fewer than two hours, the jury of eight men and four women found him guilty of first-degree murder, bias-motivated crime, car theft and identity theft related to the brutal bludgeoning death of transgender teen Angie Zapata last July.

Allen Andrade sentenced to life in prison without parole

An hour later, Andrade was back in the courtroom, wearing bright orange jail attire, to hear the judge pronounce his sentence of life without the possibility of parole. Two days ago, jurors heard a recorded jailhouse call from last August. In it, Andrade told a former girlfriend that he could do “10, maybe 15 [years]” but that he hoped he wouldn’t get a sentence of “forever.” But that, of course, is just what he got. He will be sentenced on the remaining charges after a hearing on May 8. At that time, prosecutors will seek to add 60 years to the life sentence based on Andrade’s criminal history.

This trial was closely watched across the country, particularly by transgender advocacy groups, because it is one of the first cases to charge a bias-motivated crime of a transgender victim. The majority of states that have hate crime protections do not include transgender people within the definition of sexual orientation.

The grave of Angie Zapata

Angie Zapata, born Justin, had been living as a female for about three years before her death. Mara Keisling, Executive Director of the National Center for Transgender Equality in Washington, D.C., applauded the work of the police, prosecutors and jurors in Greeley, Colorado. “It was heartening to see that the society in Greeley got this. They understood that [Angie] was a human being. Remarkably and sadly, this was a step forward.”

The jury rejected Andrade’s defense of provocation which could have resulted in a second-degree murder conviction or less, as well as a lighter sentence. Andrade said he became enraged when he learned that the woman he met online, and then spent a few days with, was biologically male.

At the sentencing, Zapata’s mother, struggling to stay composed, told the judge: “Mr. Andrade took my baby away…But he could never take away the love and the memories.” Andrade’s sister, Christina Cruz, also spoke: “Nobody wanted to be in this position. I am very sorry.”

Family and friends visit Zapata's gravesite

Of her brother, she said there are many who love him. “He’s human too.” As Judge Kopcow pronounced sentence, he told Andrade that he hopes “he thinks every day about the violence and brutality he inflicted on a fellow human being.”

At the end of the day, Zapata’s family and friends visited her gravesite. They gathered in a large circle where they prayed, cried, laughed, told stories and promised her that she will never be forgotten. Standing at the headstone, Zapata’s mother reflected: “Right now, I cannot forgive [Andrade]. Maybe someday, in 20 or 30 years, I can forgive, but not right now.”

–Beth Karas, In Session correspondent

Filed under: Uncategorized

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jesse   April 23rd, 2009 9:42 am ET

we no this is a victroy, but rember that it took a life to send a message that we in the lgbt commmunity will not sit by and let this happen to us we are "law abiding citzens" . now Angie may you rest in peace and no that you did not die in vane. Lets all stand up and be heard and that lets make this a natioanl hate crime.

lori   April 23rd, 2009 10:04 am ET

Does anyone find it disturbing that Andrade shows no remorse or could not even utter one word to the court or Angie's family acknowledging that what he did was wrong.

Kandy   April 23rd, 2009 10:14 am ET

Although, Mr. Andrade's was wrong for taking another life. It's understood. He was mislead and it was not fair to him or any other male in the same situation. Why do transgender's withhold information so important? In the long run, they have to know that the person they are misleading could flip and do harm to them. Please people be HONEST from the jump and in the future it may deter this type of crime in the long run.

Chuck   April 23rd, 2009 10:26 am ET

I know we didn't get to see the entire thing, but I think special note should be made of that masterful interrogation of Andrade by Detective Tharp. I wouldn't mind seeing it again. I am so glad to see this creep put away for the rest of his life, but why are people attracted to people like him? I have a major problem with the prison industry, but now I know why we have to have them. Stop hate!

Mobile   April 23rd, 2009 10:49 am ET

This is SO unjust!!!!!!!!!!!!!!!!! A very confused young man played a game and lied to another man. Justin did not die because he had problems. He died because he presented himself as something he wasn't!

kos   April 23rd, 2009 10:52 am ET

I was gratified to see the the love and respect 'angie"s family had for her. Many transgenders families reject/disown them.

Lisa Comer   April 23rd, 2009 10:52 am ET

As an African American, I find it difficult to understand why gays are included in hate crimes. They have a choice We don't. I can not put white powder on my face and expect everyone to now acknowledge me as White person. This was not a women, this was a troubled young man that needed help. He should not have been killed no, but this was not a hate crime.

David   April 23rd, 2009 10:56 am ET

Trans gender is a deception by men. It requires cover-up (make-up
hair, nails etc) as trans gender for females requires un covering (shorter hair, no make-up etc). Males who decide to be transgender should be REQUIRED to tell their dates immediately. Anything else is deception in the most horrible way.

lotusjani   April 23rd, 2009 10:56 am ET

This individual got what he deserved, I don't know if Colorado has the death penalty, but yes, this sentence was appropiate.
This guy never said sorry nor apologized to Angie's family, but he was all eyes making gesture to her gum chewing disrespectful girlfriend, that Mendoza woman. Birds of a feather, flock together.
Least Andrade could do is ask for the family forgiveness, but he was arrogant to the last minute. Well, happy stay, buddie! You will never see the green grass outside those walls.

Mona Wi   April 23rd, 2009 10:57 am ET

I am shocked that 11% says they are not satisfied with the verdict.
He admitted he did it and why. Unless they are people who would have wanted the death penalty. They must be intolerate homofobes.

Randall Beatty   April 23rd, 2009 11:08 am ET

Hello the verdict was fair sad that a young lady had to die for what
she believed in and that was just to be excepted for who she was,but
throught this laws should change to protect everyone there is no difference we are all created equal under Gods eyes and i believe that
Angie is looking down from heaven and that her death was not over looked that people do care and she was a very strong woman just trying to get by in life iam very happy for all the verdicts of guilty on all counts,justice has been very fair.

Randall Beatty

scottie   April 23rd, 2009 11:18 am ET

congratulations to the jurors in the angie zapata murder trial for a job well done. R.I.P. angie, you were much to dearly loved ** EVER!!! ** to be forgotten. you must be sooo proud of your family, well done to them also.

anna   April 23rd, 2009 11:36 am ET

I think that allen andrade should appeal this case. I believe he was deceived by this guy posing as a girl, and that he just lost it. Justins family warned him over and over to be careful becuase they knew he was not being honest about the fact that he was a male. thats why they were afraid not that people would not accept him, but that he was deceiving other men by trying to be a girl. the whole thing sickens me. and now becuase of the this deception a man is dead and allens life is basically over.

Susie Robbins   April 23rd, 2009 11:38 am ET

I feel the jury reached the correct verdict in this case. After being with this person he had to know the difference. A hate crime is a hate crime even if he did just snap. He could have hit Angie with his fists but not with a fire extinguisher. He went over the top and beat this poor person to death. She did not even try to defend herself.

Rhonda Solis   April 23rd, 2009 11:38 am ET

I am very glad that the jury came back with the verdict that they did and I'm so proud of the residents in my area. I do have some concern with what District Attorney Ken Buck said during his press conference. I do realize he will be running for the Colorado Senate and that plays a factor, but with the history in this town that he has-it's a little hard to swallow how welcoming he thinks Greeley is. He recently lost a lawsuit filed by ACLU against him and our local Weld County Sheriff which I think proves that he doesn't look out for all people. I do believe it was the rallying of all the organizations and the passion of Angie's family that are the true heros in this case. I also applaud the Greeley Police Dept. and Chief Garner, who I feel try their best to be as fair as possible in a very divided community. The prosecution did their homework. Good job everyone.

Paula J. Cooper   April 23rd, 2009 11:41 am ET

Shame on Attorney Kundelius!!! How dare she try to justify this crime with the surprise defence. Shame on her for referring to Angie as a man when she was clearly a beautiful Transsexual Woman She should be deeply ashamed to say something so outrageous that her client, a man convicted of a brutal hate crime that he is a good person. She says he does not deserve this. All I can say is WOW.

Daniel Leon   April 23rd, 2009 11:44 am ET

I am a Gay male in Phoenix and I have been following this program for the past few days. I didn't even know that the event had taken place. I am really open to both sides of the story . I know that human life taken is unthinkable. I know that someone shouldn't have been beaten to death in such a manner. But when you buy a car and you realize that it's a bus , you are going to be shocked and surprised! What really gets me is in that manner that the crime happened. Who can grab a fire extinguisher and take the life of a person. Watching life slip away with your eyes , I personal believe only someone with hate in there heart toward a group of persons can do that ! Once more I personally believe we are all human and are here to learn from our mistakes...

Jocelyn   April 23rd, 2009 11:48 am ET

Today as I watched Jamie Floyd interview the attorney for the defendant Mr. Andrade who was found GUILTY I was sickened by the comments this attorney made. Stating that Mr. Andrade is a "good man". No he is not. He murdered someone, that a good man does not make. I understand that everyone has the right to a fair trial and I am in total support of a strong defense for every individual. However, he has been convicted and has admitted to killing Ms. Zapata. I would ask this attorney who so many times in this interview stated "he is a good man and very kind" would say those same words for this man if he had been convicted of this same crime but committed against a member of her family. Would she describe him in the same manner? This man commited a crime of great depravity of which he has been convicted, doesn't that action remove Mr. Andrade's humanity?

todd thomas   April 23rd, 2009 11:51 am ET

first my sympathy goes to the family of justin. i say justin and not angie for a reason, he was a man. it hurts me to hear most of everyone refer to him as "her" and "angie". as a parent having a son and watching him grow up as a beautiful little boy theirs no way i would be refering to my son as a woman even if he perfered it. a childs parent should "always" encourage them in the right way, u was born a boy why change, would if everyone done this? lets understand that he was a man and not angie, that troubles me that the media even call him angie. and if justin wanted to be a girl and date boys he should of found another one like him and not go out posing as a girl. I would like to think i'd never hurt anyone but i too would snap if i'd been dating someone who was really a man. it dont make it ok but what justin did to me is just as wrong. do you know how troubled i'd be knowing i had been dating a person like justin posing as a girl. that can cause some damage. most important though is andrade is a human whom to me doesnt seem like no serial killer he just snaped like most human would put i his position, ask yourself if the person youve been with turned out to be the oppisite, what would you do. he should have another chance, all putting him in their is doing is revenge for justins family which is not right. people now a days need to learn the gift of forgivness that god gave us. would if god didnt forgive us, first off if he did that justin would be in hell. is that what his family wanted when they let him make that poor chioce when he was "15". i also beleive parents need to take more control in their childrens life. we live in a wicked crazy world and our kids will have all kind of wierd desires but we need to counsel them and teach them and by no means give in to the devil. i know andrade is just a waste of a person where he's at, plus its not doing his family right, at least give him 1 chance. my prayers go out to both families and hope they both hear God's voice in the midst of this.

logan allen   April 23rd, 2009 11:56 am ET

Ask yourselves what would you do if the person you'd been seeing turned out to be the opposite? I'd snap! justin was a man, it sickens me to hear people refer to him as a girl and by angie. thats not who god made him. i pray for both families, allen should get 1 chance though to right his wrong in life, all they have dont was put another soul in the tornado of hate while the family's heart turns black and cold. forgivnes is the key in life!!!

Pat in Texas   April 23rd, 2009 12:00 pm ET

It's a shame that we can't separate facts from political issues in these cases. Yes, he was guilty of murder but the tag "hate crime" shouldn't automatically come into it. It might have been the same if the victim had lied and portrayed him/herself as single if the defendant was looking for a serious relationship. Or any other strong lie. Has the victim been upfront from the beginning, the situation would have never arisen. That doesn't warrant killing a person for their lie but it does address premeditation unless the lie was discovered far in advance of the killing.

We've seen the politics enter in on other issues in the past as society "corrected" whether it was race, social status, wife abuse, etc. Judgement always swings from far one side to far the other side (with the help, good or bad, of issue advocates). Some times the side issues are important and other times they are just side issues.

The jury could have also been swayed by the fact that the defendant LOOKed like a "skinhead" and we all know those people just go looking for gays to kill. Social judgements again. Maybe people who choose to have an easy hair style and decorate their body with ink need advocates. The next cause?

Cotton   April 23rd, 2009 12:09 pm ET

We are all human and our decisions effect more than just our selves they effect everyone around us. Angie was human and nothing more nothing less noone deserves to lose their life because of how they chose to live. In the case of this monster with no heart Angie was the bigger person and will always be

Sheila   April 23rd, 2009 12:09 pm ET

This man got what he deserved. He brutally slaughtered a fellow human being and must now pay for what he has done. I find the statement that the defense attorney made referring to Andrade as a kind man who made a mistake to be a total joke. Smashing in the skull of a person with numerous blows is far far from a mistake. How can anyone consider this horrible crime as a mistake. it is obvious by the evidence given that Andrade was full of hate and acted out on this hate. Angie was a beautiful young person who was murdered and now lies in the cold ground. It is time for us all to stand up and put a stop to hate crimes.

MIMI   April 23rd, 2009 12:25 pm ET

I do not agree with the sentence of life without parole. I believe the crime was certainly a cruel, brutal act. However, if he was deceived as he states, many people would have acted much the same. Transgender people should not assume that they are accepted by everyone. No matter what is said the average person is not exposed to this and has no understanding of it. He should be sentenced with the possibilty of parole.

Lee   April 23rd, 2009 12:40 pm ET

Allen Andrade got what he deserved for taking a life, But I am still sickened by the "reporters"who are continually call this GUY a Female.
If anyone learns anything from this it needs to be the "TRANSGENDERED" people who are FOOLING others into thinking they are something they are not. ITS not ok to make a Heterosexual Male think your a woman when you have a penis.
Or Vice- Versa...And if something like this happens again WHY call it a HATE CRIME? All Crimes are "hate crimes", and JUSTIN and his family should accept SOME responsiblity.

bill   April 23rd, 2009 12:45 pm ET

In 1996, in a truck stop.i witnessed the same thing.i feel that the state of mind this man was in, was not of his own control..i think this man is being over charged..when you witness it, and see exactly what happens, you kinda understand the that you have no control...

MWMcGuire   April 23rd, 2009 12:49 pm ET

I'm sorry but if I was inclined to "talk" to someone who presented themselves to be a man, looked like a man, etc and we agree to meet and take it to intimacy and I found out "he" was actually a "she", not only would that've messed up MY psyche (and I think the opposite would be true – I know I'm a female and enjoy being female) I probably would've reacted by beating the daylights out of this person. I would feel very much a victim.

ps I have several gay friends and love them dearly though each and every one of them have had traumatic childhoods, hmmmm

Karen   April 23rd, 2009 12:49 pm ET

My deepest sympathy to the Zapata and Andrade's families. Although, thinking about this case it is very sad Allen will be punished so severely. Why would anyone lie about their gender? If Justin had been honest the beginning this would not have happened.

Mark   April 23rd, 2009 1:00 pm ET

Killing anyone for any reason other than self defence is wrong. Please explain why you keep saying he killed a woman? If the victim was born a man, then he is a man no matter what, if in our society you can just decide what you want to be and then be accepted as that i think all people who are treated badly because they are different should just say you are one of the accepted groups, now that dosn't make since no does it, this country still has a problem with most non whites but a black man can't just decide to be white and it be accepted, the police commit hate crimes daily and it's just swept under the rug, and we just accept whatsever they do as right, we have a long way to go in the area of tolorence for people that are different reguardless of what it is race, gender or what have you

Daniel R. Martin   April 23rd, 2009 1:02 pm ET

I must confess that I was not surprised at the verdict sending this man to prison for the rest of his life. Growing up in New York City, I was exposed to living in a community of diverse people, whites, blacks, gays, and transgenders and was taught to live together from a very early age. I am a senior, age 74, have raised two boys and a daughter. I came out to them some years ago, after their mother's sudden death. Fortunately, my wife anf I taught them to be tolerant of others, It is sad that this man Andradde was apparently a latent homosexual, although he identified himself as bi-sexual, and could not face his true self. How sad.

LC   April 23rd, 2009 1:10 pm ET

Murder is Murder – Hate crime seem redundant to me. Is it a less offensive murder if the victim is not trans gender?!?

charlene   April 23rd, 2009 1:14 pm ET

I think allen andrade is guilty of murder but not first degree murder , i also think that this transgender person should have been honest with mr. andrade from day one.

Day   April 23rd, 2009 1:35 pm ET

Essentially the jury did the politically correct thing and went with a conviction only on the outcome of the case not the case or circumstance that lend to the outcome. That is really sad the whole case could have been avoided had there not been fraud in the first place.

Oh and I've decided I am no longer 5'10" from now on I'm 6'2" because that's the real me, no no 6'4" cause that really the real me.

Leigh   April 23rd, 2009 1:38 pm ET

I watched the trial, heard the evidence, he knew well before he killed Angie that she was biologically a man. He killed her for other reasons and he's being punished as he should. I think it's really sad that some of you are blaming the victim in this case for the way they lived their life. Try and remember that there may be people out there who don't like your morals, values, choices, lifestyle - should that be reason to absolve someone of guilt for harming you?

A victim is a victim regardless of their lifestyle – and if you think for one second that a killer's sentence should be lighter based on the lifestyle of the victim then you need to rethink your own morals and values.

Me   April 23rd, 2009 1:40 pm ET

When will it be a crime for transgender people to not telling a person if they are male or female. I think it should be against the law for a transgender to withhold that from a sexual partner. It's up there with having sex with a person who knows they have HIV, but doesn't tell you. It's wrong to murder, but it's just as wrong to pretend your something you are not. Laws need to be changed! It needs to be a crime! I have the right to know if I'm having sex with a male or female!

lidia barron   April 23rd, 2009 1:41 pm ET

i think the jury just by his appearence and being hispanic didnt even give a chance. they just didnt see that justin lied about being a man not a woman.If he would have told andrade the truth before they even met in person none of this would have happend. there using andrade as there ginnie pig.If trasgenders are so proud to think that their women they should also tell the truth of what they are instead of giving oral sex and not saying their men. Andrade felt discusted knowing a man gave him oral sex. the whole family has issues about there sex identity.

CSH   April 23rd, 2009 1:41 pm ET

It is a proven fact that male-to-female transsexuals have female brains.
It has something to do with the hypothalamus being larger in men. People who think this is just a random choice need to research it. How hard must it be to make this decision. And to do it while you are a teenager? Most teens think they are in full control and are invincible. I don't believe for a second this man didn't know she was physically a man. I think he got what he needed and then became worried that people may find out. Well guess what? Everyone knows now! He got exactly what he deserved.

-Rock   April 23rd, 2009 1:42 pm ET

I for one agree with the jury’s decision, and am glad that he will no longer be free to roam the streets. Yes, I believe that a bold statement was made on the hate crime issue, and also believe that people shouldn’t judge one based on gender preference, sexual orientation but instead judge one for hating on them.

Shelly   April 23rd, 2009 1:43 pm ET

To Lee, who said: "But I am still sickened by the “reporters”who are continually call this GUY a Female. If anyone learns anything from this it needs to be the “TRANSGENDERED” people who are FOOLING others into thinking they are something they are not."

I'm happy that you feel comfortable in the body you were born in. Those of us who are happy with our gender are truly lucky because there ARE people out there who were not. Transgendered people genuinely feel uncomfortable and alien in the body they were born in and trying to be on the outside what you are on the inside isn't a crime. Yes, Angie should not have deceived this man (unless you believe some of the prosecutions arguments saying that the man had known Angie was born a male for hours before the attack), but I applaud the press for continually referring to Angie as 'she.' She may not have had the reproductive organs of a woman, but she had the mind of one and that's enough for some of us.

Ryan   April 23rd, 2009 1:53 pm ET

Ok. I have followed this trial only at the very end. Andrade did the unthinkable, all because Angie Zapata was transgender. Kandy, think a moment. Sometimes, transgenders are scared. NOTHING gives Andrade an excuse. not even the fact that Zapata hid her transgender from him. Nothing excuses murder, extinguishing a life..........nothing. It is heartbreaking to see what has happened, how society reacts to those that "aren;t like them" and how, in this case, we have reached out. All I must say is, now Andrade has a long time to sit in the corner and think about what he has done and how nothing can bring Angie back.

MaryJane   April 23rd, 2009 1:54 pm ET

Although this is a sad event, The "transgendered" should have never been elusive. This is what happens to ppl when you mess with the wrong and violent type. I know many many other men and women who would have reacted in almost the same manner had they been misled-right or wrong. Angie/justin was wrong too! Lets not forget that and I don't believe Andrade should have to spend the rest of his life in prison. I hope he can appeal and I hope he wins. I also hope this is a lesson to ALL to not mislead others for it could cost you your life!!!!!

LauraJ   April 23rd, 2009 1:54 pm ET

I agree with you LC-when a human life is taken,any human life,that is a hate crime.This was a very emotional case,very sad for the Zapata family and all her friends-Peace be with all of you. Rest in peace,Angie. the right judgement was made & the right sentance

Marilyn   April 23rd, 2009 2:01 pm ET

Murder is Murder !. It doesn't matter if it is a woman or a man or a feminine man or a masculine women. Murder is Still MURDER !!

dlc   April 23rd, 2009 2:02 pm ET

Angie is not here to say her side of the story. The killer met her on a bisexual website. He obviously knew she was transgendered. How can any of you say he deserves to be paroled one day. Are you crazy. He really deserves the death penalty!!! You people make me sick. He really deserves to get his head bashed in the way he bashed in Angies, not once, but TWICE. Angie was not tricking anyone. After the killer had his fun, he realized what he was and went into a rage. Why can't anyone see this.

dlc   April 23rd, 2009 2:07 pm ET

And may I say Rest in Peace Angie, your in a place now where there is only love. My sincerest condolences to your family, especially your Mom.
I am the mother of a dead child and it's a long long road that you never get over. Peace.

Kristen   April 23rd, 2009 2:07 pm ET

3 posts in a row....ok I am rambling
It is really sad to see all these ignorant comments in here. So lets say for example you start dating someone who states they are single, and all of a sudden you find out that person deceived you and they were actually married or in a committed relationship. Does that give you the right to kill that person? There is a universal constant that no two people in this world are exactly the same, thus for you to judge another human being on their life, lifestyle completely illogical, and frankly speaking, of a ghetto mentality.

kathy   April 23rd, 2009 2:07 pm ET

As I agree NO onr deserves to die because of livestyle choices and my heart goes out to the family.

I am just wondering though what protect us from transgender who choose to not let the sexual partner know know they are transgender, I a vitim of just such a thing, If you think you are having sex with a male who is actually a female isn't that rape? I mean I did not agree to have sex with a woman I was 16 and *he* was 19. What about that side of the story?

richard bruce   April 23rd, 2009 2:18 pm ET

and bisexual doesnt mean it was a man... go look up besexual... that means you are attracted to both sexes... he was tryna find a woman that like men and women... instead he found a man.... read between the lines...doesnt mean it was right but thats wat the world has came too... god is gonna take his world one day.... see yall at the end

GRIGS   April 23rd, 2009 2:23 pm ET

NO ONE RESPONDING TO THIS IS FREE FROM SIN. that includes false advertisement. so Angie lied. that means she deserved to be beaten to death with a fire extinguisher? how bout kick her in the sack and walking away vs taking a life that wasnt his to take. it doesnt matter what you lie about, LIEING IS NOT EQUAL TO MURDER AND DOES NOT EXCUSE TAKING SOMEONES LIFE. for every action there is a reaction. the reaction did not warrant the lie.

Banfield & Ford Fan   April 23rd, 2009 2:29 pm ET

I want to comment on the Transgender Murder Trial. While I do not condone what the Defendant did, I think this verdict needs to send a message to the Transgender & Homosexual Community as well. It is not wrong to be what you want to be, but it is wrong to deceive someone when they think you are something youre not. If the Defendant thought Angie was born a female, she was deceiving him. It is important for people with this lifestyle to understand that they MUST be up front about who they are. They MUST understand that even though they believe they are a different gender (MALE OR FEMALE), others may not. If a transgender person believes he is a woman, but is BIOLOGICALLY a man, he must understand that other people will still see him as a man. Bottomline, people with this lifestyle must be upfront about who they are.

Liza   April 23rd, 2009 2:38 pm ET

I can't believe Annette Kundelius said he "made a mistake". He's a good person with redeeming qualities, polite, respectful etc. Ask Angie if he was polite as he bashed her head in with a fire extinguisher!!

A MISTAKE is when you're dining and pick up the wrong fork!!
She should be ashamed!!
San Diego

Beth   April 23rd, 2009 2:40 pm ET

first, I am trangendered myself. second, He had to have known Angie was TG...c'mon he spent 3 days with her; either he was in complete denial to the obvious signs or he was a complete idiot. I'm sure it was the former. third, this was a hate crime: he knew well before he murdered her that she was TG hence the pre-meditation charge...end of story there. He killed her because of the fact that she was TG. fourth, Angie should be referred to as she, not he. Biological sex is different than gender identification (gender is in the head) and Angie identified and presented herself as female to the outsided world. It is simple respect to refer to her as a girl since this is who she was inside and how she identified. Also, she appeared to be changing her body from male to female to match her already feminine brain.
fifth, a question for you guys who say she is to blame or even partly to blame for the murder: why such a brutal and violent reaction? why such anger resulting in homicide? over what? he was 'deceived' ?? there is NO justification you can provide for his reaction...none whatesoever. This is nothing more than sever internatlized homophobia set to the panic level which will usually gives birth to hatred. Minorities have been discriminated against in this country out of fear. It is fear that motivates these individuals to commit hate crimes. Andrade was most likely afraid of what he was.

Jennifer   April 23rd, 2009 2:45 pm ET

believe that all transgender should be made to tell the other party that they plan on being affectionate with their true gender before touching or anything that may lead to sexual intercourse. I feel that a person leading someone to believe something that is not true in this matter should be charged with an assault. An assault is classified as the act or threat of use of unlawful force that results in bodily injury. Here in this matter I see the act of intimacy without disclosing the persons correct birth gender therefore not allowing the other party to make a full conscience decision to willfully participate and the bodily injury that is a result of such assault is physiological problems which come be long term issues. It the case of Allen Andrade I don’t think should have gotten 1st degree murder because I don’t feel that he sat out to kill this person just because she or he was a transgender and therefore it was not a hate crime. His reactions in this case a little extreme should have been weighed on his physiological state of mind. I know I would be mad if I found out that I was with a person of the same sex as me without giving the chance to make that decision for myself.

allison   April 23rd, 2009 2:53 pm ET

My heart hurts for Angie's family.I can't believe some if you think that Angie was in the wrong,yes she wasn't not honest but that doesn't not give Andrade any reason to take anyones life.Now the Zapatas are devastated and he has to sit in jail for the rest of his life dealing with what he did.You can't just kill people cause you don't like what they did.

Jennifer   April 23rd, 2009 2:55 pm ET

They meet on Moco Space which is not a site just for Transgender people. Justin or Angie's friend was talking and said that she was not sure if Justin/Angie actually disclosed that information on her page or not. Therefore, no one really knows when Andrade found out Justin was actually a guy. If it before or after sexual contact.

Angelina   April 23rd, 2009 3:07 pm ET

HOORAY for humanity! Crimes against one are crimes against us all! We, as humanity, should stand proud this day. It is a shame in this day and age that human morality (not to be confused with religious morality) must be legislated. We like to "preach" tolerance but rarely practice it, let alone stand up for it. Socially acceptable behavior needs to be redefined to include tolerance of anyone living a non-criminal lifestyle.

SG   April 23rd, 2009 3:39 pm ET

I do not agree at all with the verdict!! Justin/Angie presented herself as a woman to Mr. Andrade. He did not know he was going to meet a man it was to his understanding that he was going to meet a woman and after finding out that she was really a man he just reacted as any man would react!! I feel people should just be honest with others about who they are. Mr Andrade should appeal and I hope he wins!!

Angelina   April 23rd, 2009 4:03 pm ET

I just wanted to add that Andrade was also deceptive. He did not disclose his gang affiliation nor his felony background to Angie. Would Angie have driven to pick him up had she known his background? I think not. Angie's chosen lifestyle was not that of a criminal.

Arlene, TX   April 23rd, 2009 4:09 pm ET

My condolences to the Zapata family for their tragic loss. Angie was a beutiful girl. In watching the trial everyday I could feel the love that everyone,including friends, had for Angie. May God bless you all and know that Angie will always be with you.

Marsha   April 23rd, 2009 4:28 pm ET

the jurly only deliberated 2 hours! Is that a record?
I can't believe the intolerance from some of you commenters.
I hope for your sake that nothing ever happens to you to make you different in any way. Then you will find out how horrible intolerant people really are.

richard   April 23rd, 2009 4:40 pm ET

it should be eligal for a man to miss lead another man posing as a female. Im not against transgenders, but they need to be honest. Justin did not deserve to die, but allen didnot deserve murder one. Crime of not murder one.

Wendell   April 23rd, 2009 4:47 pm ET

Jack Ford, I have been watching truTV (CourtTV) since about 1991. The interview you had with the Juror #4 about the Angie Zapata case was probably the best after-trial interview I have ever listened to. You really made me understand the inner workings of this jury panel. As the juror stated, I hope this does send the message that targeting someone because they are gay is never justified.

Riccardo Capachilli   April 23rd, 2009 5:49 pm ET

So glad to see that the Districts Attorneys Office and the people of Greeley Col. presented as good Christians. Whether they are Christians or not. Perhaps followed the teachings of Jesus . Not like the Miss California who wears her religion and literal translation of the Bible on her sleeve like a badge of honor. The people v. Andrads say through to all the facts in this case and have made it very clear that in Greeley Co. all citizens are protected by the law and justice is for all. Thank you Greeley for holding the Zapata family in your hearts.

Jenna in KY   April 23rd, 2009 9:08 pm ET

It really sickens me that people out there are blaming the victim for this man's conviction. Just because their sexual orientation is not the same as a straight person that doesn't mean they deserve to die. Besides, what you do in your bedroom is your own business. For the people who thinks SHE should have told him about her genitalia a long time ago, why was Andrade on the BI-SEXUAL side of that chat room? He should have told the girls he was dating that he liked men!!!
He got what he deserved!!!

Bri   April 24th, 2009 12:24 am ET

For those arguing Allen Andrade's side, look at the facts. The pink vibrator with his "wealth" of DNA, multiple witnesses that testified to Angie's general disposition of openly expressing her sexual identity, Andrade's bisexual Mocospace...HELLO! I believe he knew wholeheartedly that Angie was biologically male. Regardless, there are no excuses for the inhumane beating and murder of that poor girl. He is obviously struggling with his own sexuality and he will have the rest of his life to do it in prison.

RJ   April 24th, 2009 12:32 am ET

Why is everything called a hate crime, to benefit someone in getting justice? There is as much crime against straight white people as staight any race. ITs time we all are truly equal rights!
All crimes should carry the same amount of punishment on every peron no exception no special concideration! A victim is a victim!

Racist is racist not matter the color of the skin of the racist, It
is the same the in sexual orentaion, !! What a shame a life was lost. And another is in jail. I honestly don't know how I woud act if I found a added package on a person I was dating... I will never call some one with a male package a she, no matter how he looks...
May God forgive both parties and except them into heaven!

Aim   April 24th, 2009 1:50 am ET

I believe in eye for an eye. Allan took a life, his life should be taken from him. I don't believe that ANGIE was fooling anyone on purpose. In her mind, she was a WOMAN. The majority of the transgenders believe that they are who they are. In this case, Angie believed that she was a woman, so in her mind, she wasn't fooling anyone. She was merely living her live the way any other woman would. As a woman.

I don't believe that the sentence fit the crime.

My prayers are with Angie's family. May god rest her soul and give her family the strength to get through this horrible time. It will certainly take a long time to get over it.

Cheryl Settle   April 24th, 2009 6:01 am ET

Well, I'm so glad that the jury saw the truth! Maybe this will send a huge message to our country that we will not tolerat hate crimes. Everyone is free to live as they want. We are all created equal. Great job!!!!!

Pasha   April 24th, 2009 10:59 am ET

OH MY GOSH!! I don't tell every person I meet that I am divorced and have 5 children. Why would I? How is this for an opener "Hello, my name is Pasha. We just met, but you should know of the baggage I carry before we even exchange opening pleasantries." Good Grief! Who out there in CNN land reading this tells people they just met their life stories? Everyone hides things to people they just meet.

Blaming the victim....classic. So I guess I should be shot by my next first date just because he I didn't offer full disclosure.

blaire   April 24th, 2009 11:38 am ET

i'll start off by stating that i am a transsexual woman. that said i'd like to weigh in on this discussion.
being trans is not a crime, nor is keeping that information to yourself. allen andrade was looking for someone from the "alternative lifstyles", many of these sites allow and invite transgender people to join. andrde spent three days with angie so he had to know.

also his friend, who ended up with angies car, had made many phone calls to her home before andrade came over. now this leads me to think that they decided to kill her. andrede was also heard sayingthat all the gat things should die. this clearly shows his hatred for himself< being bi-sexual himself< as well as others.

prmeditated YOU BET YOUR LIFE and he should have been given the death sectence.

tjohnson393   April 24th, 2009 12:30 pm ET

I agree that transgendered people should tell love interest their true gender before getting too close. If this person is someone worth their time, then they are worth knowing the truth about who you are. However, if they dont tell the other person, they do not deserve to die. Angie did not deserve to die. She was a beautiful young girl,and I feel she did nothing that would warrant a death sentence.

Jean   April 24th, 2009 12:47 pm ET

I cannot decide whether to be disgusted or amazed at the people who say they would have done the same thing if "deceived". Trust and believe that if I had been deceived it would NEVER cross my mind to go get a fire extinguisher, bash someone in the face repeatedly and after seeing them sit up and hearing them gurgling and drowning in their own blood, go over to them and bash in their face until they were dead, steal their car, and use a debit card I "happened" to get lucky and find inside the vehicle I just stole from the person (and she WAS a person) I had just beaten to death.............People please get real with yourselves!!!!!!!!!

Terri   April 24th, 2009 1:46 pm ET

While we all know Andrade is guilty, I agree with Jami F. comment today in her "Last Word". The prosecution did not PROVE this was premeditated, therefore the jury should have discussed 2nd degree murder. Juror #4 in her phone conversaton tells how they (jurors) didn't even TALK about 2nd degree murder. She said Jurors went in room all agreed he's guilty and 1st degree was it. As Jami said, the the law is the law and the jurors did not follow the judges instructions. Can't be mistrial but how about reason for appeal? Don't the jurors have to be held accountable when someones life is at stake???

Raven   April 24th, 2009 1:58 pm ET

HE As in ANGI deserved what HE got, Either these "Changelings" as I call them start telling people "Hey I am messed up in the head and am really a different sex then I appear" Or simply deal with the anger when people they date retaliate, I have no problems with gays or trannys IF THEY ARE HONEST. when a tranny sleeps with someone without being honest it should be considered sodomy/rape

A.W.Coles   April 24th, 2009 2:24 pm ET

Although this is definitely a tragedy, but because "Angie" was a transgender this makes it a hate crime? What if "Angie" were really a woman, would Andrade be given the same sentence? What about the women that are battered by their companions or children that are abused/murdered?

RJ   April 24th, 2009 4:19 pm ET

Transgender should tell in advanced for their protection. I dont think anyone should die for their life styles. But anoyone involved with them should know ! We will never know all the facts of this case! If he knew and killed him, It was pre- murder. I would not have a problem if he was excuted. But transgender people should not get specail concession on the verdic. I except that other people have different life styles, I dont agree with it. BUt I don't ask laws be changed to stop them, every day special intrest groups ask to have more pertection under the laws and that plan ole Bull Sh*T. If you want equality in life exspect the same in death. Justin was a He! He looked like a she, but with the plumbing of a male, your a male no matter how pheme he looked. A needle would do all killers good! And crime would drop! Transgender does not deserve more pertection than a striaght person!
A offender does not deserve more punishment for hurting a transgender . Allen would have got less years if he would have killed a child! Justin chose his life style. ITs sad it cost Him his life!
If the law protected us all like it should , A person thats transgender should tell anyone they have relations with, in the first meeting.! Informing the person removes all doubt and if you inform someone in public your less appt to get hurt! A person should know about a person sexual situation , transgender ,gay, bi before a act of sex is performed! NO SUPPRISES! OUr counrty preaches exceptance , but pushed for seperation of church ,religion and state,,,,,, these same people want exceptance,,,,, DONT ASK FOR WHAT YOU TRY TO TAKE AWAY FROM CHRISTIANS our rights! Be willing to give what you ask for!
The law should prosicute any offenders for crimes against all people the same! We have to many laws as it is!
IT 's plan to see Allen is guilty.
Capital punishment is the only answer, they do not repeat offences,. and the cost to the public ends when the hole is filled in!
Having a alternate life style is not a crime ,but does make the chance of you being a victim higher. Sad but true!

Jace   April 24th, 2009 6:39 pm ET

So, according to your logic, if a married man does not tell the woman he is dating that he is married, he should be charged with rape (assuming they have had sex)? Don't say it's not the same because a lie is a lie.
By your logic, women would be justified in killing all men that lie to them and vice versa. Oh what a wonderful society that would be.
It was obvious that Andrad knew for at least 36 hours that the person he was having intercourse with was a male. That is why the jury didn't consider 2nd degree murder.
It is also very obvious that Andrade is a lifetime criminal and a scumbag. He arrogantly thought that this human being's life was worth less than his and that everyone else would agree with him. I am proud to say the jury was made of sane, rational human beings unlike some of the people who post on this site.

d   April 26th, 2009 3:55 pm ET

As juror #4, let me tell you we did discuss the law. Our decision was based on the law as we were given it. Unfortunately, we were not given the chance to impose the death penalty. From what I have heard since the verdict was read, Mr. Andrade deserved it.

Raven   April 27th, 2009 12:54 am ET

Whoever this last person was your mindset truly sickens me.
I'm a straight female and I think that it's such a shame that some of you don't see this as a hate crime. To the African American woman who thinks this shouldn't be classified as a hate crime, are you serious? True you cannot change your skin tone. But neither can a transgendered person change what they feel. Or a gay person. A straight person. It's all a hate crime. If I killed you right now because I was racist that would be a hate crime. But if I killed you because you were gay and I was a homophobe than that is a hate crime too. Just because your skin happens to be black doesn't give you more of a right over the term hate crime than anyone else.

As for the case itself I'm glad that he received the maximum sentence. So what she was transgendered. She was a human too. I think it's horrifying that some of you think she was sick. Why was she sick? because she lived as the person she felt she should be? Isn't that what the majority of us do on a regular basis? She wasn't any different. He shouldn't have beat her when he found out that she was biologically male. Yes she should have been honest with him up front but I can also see why she wouldn't be. I don't know very many people who would be ok with going out on a date with a transgendered person without having met them first.

Andy   April 27th, 2009 1:27 am ET

I'm a Trans Person & i'm Out & Proud!

Look lets get something straight here, this was a Hate Crime!!,, wether Angie Told him or not, About being born a guy, does not Justify Allan killing her, Angie was a Woman, born in a boys body!, he chose to become she, there is no way you can justify what happened, she did not deserve this at all.

Allen Deserve no Sympathy, He is not a Victim!, he killed someone & must pay for his Crime!, there are many reasons Trans People don't, tell people about the gender, look @ it this way,

if joe mislead me & sold me a lemon of a car, should i go back to the dealership & beat joe to death?.....

Killing would not make it right or solve the problem!, it would only make it worse!, Angie did not bring this on, Allan was filled with Hate, when he killed Angie.

I'm Disgusted with you people, that Sympathize with Allan He is not a Victim you should all be ashamed of yourselves!, the Man is a Murderer!, He chose to kill Angie & will Pay for His Crime!!.....

Stop the Hate!


Rico   April 27th, 2009 5:59 pm ET

RIP Justin. Andrade may you pay everyday with your lie sentence. I no longer longer want to be Hispanic. From now on I am a 18 year old black male, no wait make that a 18 white male. Forever young and a member of a privileged race without being subject to hate and racism, how cool is that! God, I love this country, you are whatever you want to be, never mind how God created you!

Jace   April 28th, 2009 1:41 pm ET

Right on, Andy.

There is no justification for what Andrade did, none!!!
People who are showing sympathy for him make me sick. The only people deserving of sympathy in this case are Angie and her family and friends.

JV   April 28th, 2009 4:19 pm ET

"Although, Mr. Andrade’s was wrong for taking another life. It’s understood. He was mislead and it was not fair to him or any other male in the same situation. Why do transgender’s withhold information so important?"

Understood... REALLY? So what about bottle-blondes? Do they deserved to be killed? Also, there is no proof that he didn't already know, that is just something he tried to claim to get out of a life sentence.

Spider   April 30th, 2009 12:21 pm ET


Some of you folks think anger over a deception is, somehow, an excuse for killing another individual.

OK, what if you new wife has told you that she is a virgin or your new husband has bragged about how well endowed he is? If you find out otherwise on your wedding night, does that make it acceptible for you to wait until they're asleep and kill them?

Anyone explain a valid difference to me, between this case and my scenarios?

Spider   April 30th, 2009 2:45 pm ET

Lisa Comer-

Come on!!! If a Black attacks a Korean store owner, it's probably going to be considered a "hate crime". If a Catholic person shoots a Jewish person. If a Chinese man kills a gay guy. If a White guy drags a crippled man down the street behind his pickup.

What is it? Only Black people can be discriminated against and hated? Isn't that a form or discrimination, a rather odd one I admit,
but still a type of discrimination?

cathy   May 1st, 2009 9:53 pm ET

I dont have a problem with gay marriage...woman to woman or man to and women....everyone deserve to be with the person they love...and who are we to judge...its up to god....

Danny Gans....I got to see him here in San Antonio,Tex when he came with Celine Dion....i had never heard of him...he put on a good show he was fun to thoughts and prayers go out to his family/friends....he will be greatly missed....thank you....

mike   March 5th, 2010 2:43 pm ET

This is what happens when a straight guy realizes hes been making out with another guy. Justin was getting off on the fact that he was screwing with a straight guy and it cost him. I know gay guys and they say turning out a straight guy is the biggest turn on. This guy learned how dangerous a game he was playing. If I found out I was even kissing a guy, I would have beat the hell out of anyone responsible. Face it ladies, gays, trannies, you are a self imposed minority and you have every right anyone else has, however, you do not have the right to call yourself what you are not. I dont care if you have surgery, you are what you were born as, there is no other logic possible.

Justin didn't deserve to die, but, he did deserve to get his ass kicked severely. That guy should have gotten like 5 years for this. They give rapists like 10-15 years and they RUIN a persons life, then they get out and RUIN another persons life. This is BS. Parents, get your heads out of your ass, you dont let your kids be whatever the hell they want. Your there to guide them. PS. No I absolutely do not sympathize with 1.6% of the population that choose to be minorities and want the rest of us to change for them.

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