When is a Hate Crime Not a Hate Crime? – When SAPD Investigates

When is a Hate Crime Not a Hate Crime? – When SAPD Investigates

March 20, 2010 Featured Hate Crimes 21

The San Antonio Police Department has refused to investigate the murder of Troy Martinez Clattenberg as a hate crime in spite of a confession from his murderer, Cody Carmichael, wherein Carmichael stated to police that he shot Clattenburg because the victim made sexual advances toward him.

Troy was murdered on February 21, 2010 in my hometown.  His murderer, was charged this past Monday with bail set at $100,000.00.

Troy’s body was found laying under a poster of the ten commandments in his apartment.

Troy’s murderer, Cody Carmichael, states that the sexual advances came while an unidentified man was with them, providing Cody with the gun.  Cody then left the apartment, took the man home and returned.  Troy had dinner in the microwave, some meat loaf and green beans, when he answered the door.  He didn’t get to eat.  Cody shot him.

As his murderer prepares for the highly successful Gay Panic Defense, let’s talk about what San Antonio’s pro-LGBT Police Chief is doing for the community.

Apologizing, again… and again

This latest slap in the face from the department comes just weeks after an SAPD officer raped a transwoman in the backseat of his patrol car and just months after the SAPD raided the home of a lesbian couple, laid panties and bras on the bed and harassed the two women about their sexual orientation [see links above].

I’ve had my own problems with discrimination from the San Antonio Police Department, including an incident where a group of skinheads threatened to murder me for being a “faggot.”  When the police arrived, they escorted me from the scene and released my assailants.

Isn’t it about time we say, “ENOUGH!?”  Isn’t it about time we GetEQUAL?


Cody Carmichael has been released on bond.

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21 Responses

  1. Jude says:

    Is this reported in any online San Antonio media? I would like to go leave a comment.

  2. Drea Michaud says:

    Hello, I came across this after trying to find out more information about Troy. I've known him since middle school and me and alot of his friends are trying to make sense of this. When I first herd he was murdered I automatically though hate crime because anyone who ever knew him, even in the shortest time would see that he was one of the sweetest kindest people you could know. He never had a mean word to say about anyone and you couldn't help but to fall in love with his gentle and happy personality. Honestly Troy was a tall yet petite man (couldn't and wouldn't hurt a fly) and has always been open about being gay, even since we were kids. When I say openly gay I don't mean prancing around and being feminine (seems alot of people find that offensive…I guess) he just never hid it and never ashamed about it. It makes me sick to my stomach to know (pardon my language) this asshole is out doing as he pleases while Troy was just laid to rest last month.

    • Heartbroken says:

      Dear Drea Michaud: Troy was our baby brother–the youngest of eight children. We are all devastated, heartbroken and deeply wounded beyond words. One would have to know Troy to truly understand just what a tragedy this is. Troy was all the sweet things you've said about him and more. Just the fact that he maintained friendships since childhood all these years is telling about what a loving and caring person Troy was. He did have a child-like innocence, gentleness and vulnerability about him, which is probably why these guys thought he would be an easy target. What they failed to realize is that behind Troy is our loving Mother, and seven more siblings, along with extended family and countless friends who know and love Troy and will stand up and be a voice for him! We all STRONGLY believe that this is a hate crime and should be prosecuted for the seriousness of the crime that it is…

      • Heartbroken says:

        continued: The fact that this self-confessed, cold-blooded killer, Cody James Carmichael (21), is freely walking about society is insane–he is a very dangerous man! Just what does it take to be kept behind bars?! The gun owner, Kyle VanHeynigen (19), has yet to be charged with anything. Make no mistake–he is responsible too for the murder of Troy. This has just further caused us pain–like ripping open our fresh wound and pouring salt into it. We wil not stand by quietly and allow this case to be treated with any less severity than it deserves–laws need to be enforced and changed. We believe it does fall under The Matthew Shepard Act. Thank you, Drea for your sincere input about our Troy Boy–he will forever be in our hearts…

  3. Drea Michaud says:

    Continued: It's absolute bullshit that they refuse to see this as a hate crime, Troy would have given a stranger the shirt off his back if anyone was in need, it was hard to believe his age because he had such a child like wonder and innocence about him. I bet these two guys target him and were trying to use him and that Cody guy just didn't like the face that Troy was openly gay, it's a load of crap that he made "unwanted sexual advances" towards him, Troy wasn't like that. Even sicker is the fact that the cops just want to be done with this because who cares about some gay kid getting shot to death…he probably deserved it for throwing himself at someone right? Ugh absolutely sad and disgusting. RIP Troy Boy

  4. Jane says:

    What a terrible tragedy – how do we alert the federal prosecutor in the area? This falls under the Matthew Shepard Act, doesn't it?

    • Sean says:

      Reported to the San Antonio branch of the FBI — SanAntonio@ic.fbi.gov — (210) 225-6741.
      This is so frustrating. You're right Jane. Sounds like a hate crime to me. If the SAPD won't ask for a Federal investigation, I think we should.

  5. Jeff C says:

    This is a hate crime and to treat it as anything else is an outrage.

  6. concerned says:

    An SAPD officer also intervened not too long ago when an assailant wass assaulting and robbing a transexual. The officer shot and killed the victim.

  7. Martin Schilde says:

    Reported to the SPLC, yesterday.

  8. His nephews friend says:

    That was a hate crime. Carmichael deserves LIFE without parole. Keep murderers behind bars once a murderer always a murderer.

    • unknown says:

      now heres a question for you and every one else on the damn web its always a hate crime when someone kills a gay what the hell is it when a gay person kills a straight person? and i know for a fact that every one on here would feel deferent if carmichael was one of their family members or friends i still believe murderers should be locked up but dont make it any harder on his friends and family then it has to be I've known him for some time now and he has been the one of the best friends that i could ever have he's been like a brother to me and my family so please unless you know him shut the hell up hes not a monster hes a human being for crying out load!

      • Koby says:

        And when has a gay person killed a straight person because they were straight? I'll answer that for you: it's never happened. Cody Carmichael killed Troy as he was making himself a dinner that he would never get to eat. Cody still gets to eat dinner. But Cody does NOT deserve to eat his dinner in his home or with his family and friends. He's not a monster? What else would you call someone who murders someone in their own home for no reason. Since you claim to know him, "unknown", answer some questions for me. Enlighten me on your dear friend Cody. When he shot Troy, was he standing in front of him? Did Troy know what was about to happen? Did Cody have the guts to look him in the eye as he pulled the trigger? Or did he shoot him in the back? Surprise him like a coward? What kind of HUMAN could do that?

      • jaysays says:

        It's not always a hate crime when a straight person kills a gay person, contrary to your statement. However, Cody (aka "CJ") confessed that he killed Troy because Troy "made a pass at him." It's a common claim of "Gay Panic" and constitutes a hate crime.

        2% of sexual orientation based hate crimes in 2008 were committed due to heterosexual bias. None of which were murder.

        I won't get into the rest of your comment, but if you would like a referral to a psychiatrist, please feel free to email me via the contact page.

      • Heartbroken says:

        "Unknown"–your name suits you well, as there is so much that you obviously do not have any clue about. So, Cody James Carmichael, "CJ", is "like a brother to you"… Really? Well, Troy ACTUALLY WAS OUR BROTHER; the youngest of eight children. When "your friend" CJ shot Troy in the head that night, February 21, 2010 @ 1:45 am–he shot every one of us in the heart. CJ better be glad we are a strong Christian family–we are absolutely counting on God, and for His justice to be served. Troy was a beautiful person–a life that God created. Troy is loved by so many people, whose hearts are broken without him here with us. CJ is such a cold-hearted, evil person that it didn't matter to him which one of God's creatures he took out. I've said before and I will state it again: anyone who could do this to Troy could kill a small innocent child; most people would describe such a person as "a monster". We consider him an evil sociopathic coward–who is now a confessed murderer. He would not have dared to do such a thing if any one of Troy's siblings had been there. (Part One)

        • Heartbroken says:

          (Part Two) All cowards operate in the dark, as CJ did that night. He came back to our Mother's door, as a wolf in sheep's clothing, and he slaughtered one of God's most precious lambs. Troy had absolutely no idea he was in any danger, or what was about to happen to him. He didn't even have a chance to defend himself. As our Mother stated, Troy would never have imagined that these two people, CJ and Kyle Van Heynigen, who came to "hang out" with him (@ her home as she slept in their small apt) as if they were his friends–were actually planning to kill him. Kyle knew Troy–CJ just met him that night. Word of advice: don't turn your back on your "friend" CJ, or he may very well decide to execute you too; please refer to the book, "The Sociopath Next Door", by Martha Stout, ph.d.

          • Heartbroken says:

            (Part 3) As for your reference to "making it any harder on CJ's family and friends than it has to be"…Again, SERIOUSLY?! Unless his mother, or any family member, has to wake up in their own home to find one of their own loved ones' body on the floor dead, cold, w/blood and brains coming out of their head…why don't you "shut the hell up'? Don't ridiculously try to defend a horrible defenseless crime. We looked CJ in the eyes–he showed absolutely no remorse and zero humanity factor. As I told him the 1st time @ the courthouse–he has no idea what he's done, but he will, and this is not going away for him EVER. Or his accessory, Kyle, who provided his gun–the murder weapon used to kill Troy. And we know for a fact "Unknown", that if Troy had been your family member, you'd be feeling very differently about CJ.

          • Heartbroken says:

            (Part 4) It has been 6 months and 5 days since we have seen Troy's sweet face w/ his great smile, heard his voice, or been able to hug him or laugh with him. Our Mother weeps EVERY DAY–multiple times a day–for Troy. She is still physically ill from her sorrow and grief over the loss of Troy–and haunted by the image burned into her mind of how she found Troy that Sunday morning. I am sorry that CJ's mother, step-dad, father, sisters and family (who, by the way, @ least will still be able to see him in prison) have to endure the consequence of his evil choices, but that is completely on him–not the general public who has a moral compass, compassion and a sense of decency to speak out agains such a hateful act. Let's not make it any more sick & twisted than it already is. Keep all of the blame where it belongs: on the murderers. The victimizers do not get to turn things around and try to be the victims. No way. No how. The truth always comes out. God's justice will prevail over evil every time.

  9. Heartbroken says:

    Thank you, Rhonda, for your kind words–I will be sure our Mother sees your post. We will take all the prayers we can get; it is only by the love and grace of God and those around us, that we have been able to carry through.
    Thanks also to the other posters showing your support–it is all greatly appreciated.
    Thanks again and God Bless You All.

  10. drew says:

    wow i personally lost a friend due to hate crime but the cops won't determain it to be that who stab's a person 22 x'z and say's its any thing else l know we have a fuked up system i just hope the cop's who determain what they want can sleep with them self's and i hope n pray that u get justice

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