Crime & Safety
Co-Worker Arraigned In Campbell Man's Death
The defendant reportedly told police his co-worker made unwanted sexual advances toward him while they were at Santa Clara's Central Park.
SAN JOSE, CA — A Sunnyvale man accused of killing his co-worker in Santa Clara's Central Park earlier this month made his first court appearance today in the Santa Clara County Hall of Justice. Gage McCartney, 25, represented by Deputy Public Defender Matt Wilson, was arraigned on one count of murder and will remain in custody without bail. He did not enter a plea.
McCartney and the victim, Raynard Hyde, 54, of Campbell, both worked at a Safeway on 2760 Homestead Road, according to Santa Clara police.
On the night of July 19, Hyde clocked out of work at 9 p.m. and met McCartney at a McDonald's at 3509 Homestead Road a couple hours later to eat dinner and drink alcohol, police said.
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The two men went back to Safeway at about 11 p.m. to buy more alcohol. Surveillance video showed the two men dancing, intoxicated and in good spirits, according to police.
The men then went across the street to Central Park in Hyde's car.
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In a statement of facts, police said McCartney told officers that Hyde made unwanted sexual advances toward him at the park.
According to police, McCartney said he pushed Hyde away and punched him twice in the face when Hyde allegedly tried to kiss him.
McCartney said he then put his hands around Hyde's neck and squeezed, making the victim fall to the ground.
McCartney thought Hyde had become unconscious, and left the park "furious" over Hyde's alleged sexual advances, police said. McCartney allegedly demonstrated to investigators how he choked the victim, and explained that "instinct took over" when he attacked Hyde.
Police were initially investigating Hyde's death as "suspicious," but the Santa Clara County medical examiner's office later ruled it a homicide by strangulation.
McCartney was arrested last Tuesday and was booked in the Santa Clara County Main Jail without bail.
McCartney's suggestion that he attacked Hyde because of unwanted sexual advances invokes the "gay panic defense," which was banned in California in 2014. Only two other states, Illinois and Rhode Island, have also implemented the ban.
D'Arcy Kemnitz, executive director of the National LGBT Bar Association, could not comment on the specifics of McCartney's case, but said the "gay panic" defense has led to light sentences after suspects committed brutal attacks in states where the defense is not banned.
"It is unconscionable and unfair to the victim to bring up whether or not they are gay or not gay," Kemnitz said. "Otherwise it turns into, 'Did the victim bring it upon themselves? Were they asking for it?'"
Deputy District Attorney Alaleh Kianerci said outside of court that detectives are still investigating the motive for McCartney's alleged homicide, but noted the "gay panic defense" can still be used in a limited capacity despite the 2014 ban.
The gay panic defense can no longer reduce a murder charge to involuntary manslaughter by claiming the murder was a "heat of passion" act, according to Kianerci. However, attorneys can still consider the claim -- if it is backed by reliable evidence -- to determine if the victim was provoked.
Kianerci added that there is currently no indication of race-based motivation for the homicide.
A Safeway spokeswoman said last week that the store is cooperating with police in their investigation.
"We mourn the unexpected loss of Ray Hyde. We send our deepest and heartfelt condolences to Ray's family, friends, and co-workers. Our team at the Homestead store will miss seeing him at work," spokeswoman Wendy Gutshall said in a statement.
Ramone Hyde, the victim's brother, shared the news of Hyde's death on Facebook last week, saying Hyde loved his family and God, loved to laugh and was the "absolute best big brother ever."
Hyde attended the Cathedral of Faith in San Jose, according to the church, and many remarked on Hyde's faith in God and the religious songs he would sing. Others said Hyde was a beautiful person and a "joy to have known."
Judge Arthur Bocanegra set McCartney's plea hearing for Sept. 25 at the Santa Clara County Hall of Justice.
By Bay City News Service
Photos courtesy Santa Clara Police Department
