During questioning after arrest, the suspects made statements indicating that they had used the Internet to lure gay men in the past. On April 24, 2007, the taped statements by Fox and Timmons were played in court to determine their admissibility at trial. On August 3, 2007, Judge Konviser ruled that Fox, Fortunato, and Shurov could be charged with hate crimes in Sandy's death. In her written statement, Judge Konsiver said that prosecutors only need to show that Sandy was chosen because of his sexual orientation, under the state's Hate Crimes Act of 2000. Jury selection started on September 10, 2007, in the
New York Supreme Court in Brooklyn for the trial of Anthony Fortunato and John Fox, two of the four men accused of chasing Michael Sandy to his death. They were charged with two counts of second-degree murder, one as a hate crime, four counts of attempted robbery with two as hate crimes, two manslaughter counts, one as a hate crime, and two assault counts, one as a hate crime. The third man, Ilya Shurov, was to be tried separately later on the same charges. The fourth, Gary Timmons, had already pleaded guilty in 2006 to the reduced crime of attempted robbery as a hate crime in return for testifying as a prosecution witness. On Friday, October 5, 2007, a jury came back with a verdict of guilty against John Fox Jr. on the charges of manslaughter, attempted robbery in the second degree, and attempted robbery in the first degree. All counts were as hate crimes. The prison times Fox faced ranged from 5 to 50 years. On October 11, 2007, Anthony Fortunato, the third defendant, was found guilty of manslaughter as a hate crime for his role in the death of Michael Sandy. He was also convicted of attempted petty
larceny, but acquitted of attempted robbery. On November 5, 2007, Ilya Shurov, 21, the fourth and last defendant in the Michael Sandy case, pleaded guilty to manslaughter and attempted robbery as hate crimes on the day his trial was to have started. As part of the
plea bargain, the charge of felony murder as a hate crime was dropped. Shurov agreed to serve 17.5 years for his guilty plea. If he had been found guilty of felony murder as a hate crime, it could have resulted in a life sentence. Shurov was the only defendant accused of physical violence against Michael Sandy. Three of the four men were sentenced on November 20, 2007, for their role in causing the death of Michael Sandy in 2006. They received the following sentences from Justice Jill Konviser-Levine of State Supreme Court in Brooklyn, New York: Anthony Fortunato (21), 7 to 21 years. John Fox (20), 13 to 21 years. Ilya Shurov (21), years. Each of those received slightly less than the maximum sentence. Gary Timmons (17), who in a plea bargain made the previous year, testified as a prosecution witness during the trial against John Fox and Anthony Fortunato, and he was to be sentenced to four years at a later date. Michael Sandy's attorney was Tarsha C. Smith. == Aftermath ==