After using rare "gay panic" legal defense, Austin man avoids prison time

The defense argued Miller stabbed his neighbor when Spencer allegedly came on to him. The prosecution argued blood evidence didn’t match Miller’s story. However, Foye says the jury did its best with a hard trial.

“We don’t know exactly what did happen in that house that night,” Foye said, “So that can be something that can be very difficult for juries to work through.”

Defense attorney Charlie Baird said he’d hoped Miller wouldn’t have to serve any time.

“We were disappointed with the verdict yesterday, when he was convicted of criminally negligent homicide,” Baird said. “We thought that he should have been acquitted on the basis of self-defense.”