On July 26, 2005,
BC Supreme Court Justice
Patrick Dohm rejected the application that Tom's murder was a
hate crime under the premise that Patel did not intentionally target Tom because of her
gender identity, because Patel did not know that Tom identified as a transgender woman when they initially met. This resulted in anger and outrage from the many who believe that this crime was committed with a bias that resulted entirely because of Tom's gender identity and status as a sex worker. Patel's defense argued that Patel's encounter with Tom caused her to feel rage, betrayal, and personal violation, which ultimately caused her to suffer from
posttraumatic stress disorder. The defense also stated that Patel had been sexually assaulted during her sentences over the past 14 years in different U.S. jails, which explained her raging reaction to Tom. Patel's defense issued a
plea bargain for her charge to be dropped from
second-degree murder down to
manslaughter. This request was approved and Patel was sentenced to a total of 9 years in prison. However, in 2009, after a total of 4 years of jail time, Patel was released from jail and relocated to a
halfway house, after she was granted double-time credit for the time she previously served in jail following Tom's murder. Patel was later taken back into police custody after failing to return to the halfway house before curfew. Police suspect Patel was on the
Downtown Eastside around other sex workers. ==Remembrance==