Oh Elmira } In Elmira, NY Man Contends on Trial “ Not Murder, Because He Was Not Ready For Sex with Another Man"


 By John Zick

Louis Duffy, 20, of Horseheads, has been charged with murdering Clinton "Billy" Lewis, 53, of Elmira.

 
Elmira, N.Y. —
The May killing of a gay nightclub owner in Elmira was manslaughter, not murder, because the killer acted under the influence of extreme emotional disturbance, one of the perpetrator’s attorneys told a jury Thursday.

Chemung County Public Defender Scott Fierro admitted his client, 21-year-old Louis Duffy, shot and killed 53-year-old Clinton “Billy” Lewis after the two had a sexual encounter May 1 at Lewis’ apartment. But, Fierro contends, Duffy’s mental state prohibited him from forming the necessary intent to commit murder.

During his opening statements in Chemung County Court, Fierro told jurors that Duffy was not “mentally or emotionally” ready for a sexual encounter with a man. He said Duffy, of Horseheads, grew up in a home where homosexuality was not tolerated, and Duffy was struggling with the fact he may be gay. The attorney added that Duffy created a “male power fantasy” to shield himself.

“This whole case is about Duffy not wanting to deal with the reality of who he is,” Fierro told jurors.

Fierro said Duffy’s mental anguish was compounded by his insecurity and a statement Lewis allegedly made after the encounter.

“(Lewis) said, ‘Oh, yes, this is going to happen again. You’re mine now,’” Fierro told jurors.

In his opening statements, Chief Assistant District Attorney John Thweatt told the jury that Duffy was guilty of murder. He implied that Duffy’s motive was embarrassment.

“Billy Lewis’ life wasn’t as important as keeping his little secret a secret,” Thweatt said.

The night of the alleged murder, Duffy went to stay with Lewis because the pair planned to go to Lewis’ lakehouse the next day. Duffy was going to help with unspecified construction projects, Thweatt said.

“He didn’t pack any construction tools, (but) he was very careful to pack his murder tools,” Thweatt said, noting that Duffy brought a handgun with him to Lewis’ apartment.

Before the killing, Duffy and Lewis stopped for a drink at Lewis’ bar, Club Chill. Next, the pair went across the street to Lewis’ North Main Street apartment, where they had consensual sex, Thweatt said.

After the encounter, Duffy shot Lewis in the head, Thweatt said.

“This was murder, not manslaughter,” Thweatt said.

After Thursday morning’s opening statements, Judge Peter Buckley adjourned the trial until 9 a.m. Monday.

Comments

Popular Posts