A Brooklyn man who stabbed gay dancer O’Shea Sibley to death during a confrontation at a gas station in 2023 was found guilty of manslaughter as a hate crime but acquitted of murder.
Dmitry Popov, a 20-year-old smoke shop worker from Brooklyn’s Sheepshead Bay neighborhood, is accused of fatally stabbing O’Shea Sibley, a 28-year-old professional dancer who moved to New York City from Philadelphia to pursue a career in the arts.
Popov was charged with nine charges, including two counts of second-degree murder as a hate crime, two counts of first-degree manslaughter as a hate crime, and aggravated harassment based on race, religion, or sexual orientation.
Popov was 17 years old at the time of the murder. was convicted of a crime First-degree manslaughter as a hate crime, second-degree menacing, second-degree aggravated harassment, and fourth-degree criminal possession of a weapon after trial.
Prosecutors say on July 29, 2023, Sibley and friends stopped at a gas station in Brooklyn’s Midwood neighborhood after returning from the beach. While filling their car with gas, they got out of the car, listened to music, and danced to a Beyoncé song.
Popov and two of his friends then exited the gas station and hurled homophobic and racist slurs at the men, telling them to “get the hell out of here, you gay assholes.” A prosecution witness testified that the teens made fun of the man’s appearance and demeanor. One of the teens claimed to be Muslim and said he was offended by their actions, police said.
Sibley tried to defuse the situation by telling the group, “You guys don’t know us. We’re just having a good time and enjoying our lives. It’s all about respect and we’re allowed to be here just like you.”
Popov’s friends eventually left, but he remained outside the gas station, recording the encounter on his cell phone and continuing to harass the group. When Sibley and two friends confronted him, Popov pulled a knife from his pocket and pointed it at them. He then stabbed Mr Sibley in the chest, piercing his heart.
Sibley was pronounced dead a short time later at Maimonides Hospital.
During the trial, Popov’s lawyers argued that he acted in self-defense after being contacted by Sibley and two of his friends. Popov testified that he felt threatened and stabbed Sibley for the first time after Sibley “lunged at me” and punched him in the head.
“I panicked and started shaking,” Popov testified. “I was confused. I didn’t know what was happening. Everything happened so fast.”
Popov’s lawyer, Mark Pollard, argued that his client is too young to act rationally at this point, citing research that suggests the brain does not fully develop until age 25. Pollard claimed that Popov made a split-second decision to retreat.
Prosecutors rejected Mr. Popov’s claim of self-defense, arguing that Mr. Sibley only moved toward Mr. Popov in an attempt to disarm him, and that the confrontation escalated even though Mr. Popov had several opportunities to leave. under new york lawIf you initiate a confrontation and fail to retreat when given the opportunity, you generally cannot claim self-defense.
Under cross-examination, Popov admitted he never saw any weapons on Sibley or his friends and testified that he threw away the cell phone he had been using to record his interactions with the group.
During deliberations, jurors appeared to have difficulty distinguishing between murder and manslaughter, and asked Judge Dena Douglas to reread the relevant law three times. The jury ultimately acquitted Popov of murder, but found him guilty of manslaughter and other charges.
A conviction for manslaughter carries a sentence of eight to 25 years in prison.
Mr. Popov is scheduled to be sentenced on June 30th.
Joshua Sanchez, 34, one of Sibley’s friends who was at the gas station that night, said the jury’s verdict felt like “half justice” and that Popov “got off easy.”
When Popov attacked Sibley, he recalled witnessing “hatred coming out of the mouth, from the soul.”
“I didn’t think it was manslaughter,” Sanchez said.
Brooklyn District Attorney Eric Gonzalez praised the jury’s verdict.
“O’Shea Sibley moved to New York to pursue his dreams of becoming a dancer and choreographer, but his life was cut short when he was murdered by this defendant, who couldn’t bear to see O’Shea and his friends just being themselves and openly living their lives as black gay men,” Gonzalez said in a statement.
“The jury’s verdict will hold this defendant accountable. As the LGBTQ+ community celebrates the start of Pride Month, I hope this verdict brings some comfort to O’Shea’s family, friends, and the larger community. Hate has no place in Brooklyn, and my office will do everything we can to keep our vulnerable communities safe.”
Source: Metro Weekly – www.metroweekly.com
