{"id":259963,"date":"2026-06-09T01:10:09","date_gmt":"2026-06-09T01:10:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ny\/259963\/"},"modified":"2026-06-09T01:10:09","modified_gmt":"2026-06-09T01:10:09","slug":"man-who-fatally-stabbed-gay-dancer-convicted-of-hate-crime","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ny\/259963\/","title":{"rendered":"Man Who Fatally Stabbed Gay Dancer Convicted of Hate Crime"},"content":{"rendered":"<p class=\"css-ac37hb evys1bk0\">A man who fatally stabbed a gay, Black dancer at a Brooklyn gas station in July 2023 was convicted on Monday of manslaughter as a hate crime, but a jury acquitted him of the most serious charges against him.<\/p>\n<p class=\"css-ac37hb evys1bk0\">The man, Dmitriy Popov, was 17 years old when he plunged a five-and-a-half-inch blade into the chest of the dancer, O\u2019Shae Sibley, striking his heart.<\/p>\n<p class=\"css-ac37hb evys1bk0\">The attack happened after Mr. Popov and a group of his friends began yelling racist and homophobic slurs at Mr. Sibley and his friends, all gay men of color who had been blasting Beyonc\u00e9 while filling up a rental car with gas, prosecutors said.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Mr. Popov, who claimed self-defense, faced a total of nine charges, including two counts of second-degree murder as hate crimes, two counts of first-degree manslaughter as hate crimes and aggravated harassment because of race, religion or sexual orientation. <\/p>\n<p>O\u2019Shae SibleyCredit&#8230;Whitney Brown, via Associated Press<\/p>\n<p class=\"css-ac37hb evys1bk0\">On Monday, the jury acquitted Mr. Popov, who is white, of several charges, including second-degree murder as a hate crime. They convicted him on several other charges, including manslaughter as a hate crime, which carries a sentence of eight to 25 years, and aggravated harassment.<\/p>\n<p class=\"css-ac37hb evys1bk0\">The jurors spent about two and a half days deliberating before convicting Mr. Popov of killing <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2023\/08\/04\/nyregion\/oshae-sibley-dancer-stabbed-lgbtq-nyc.html\" title=\"\" rel=\"nofollow noopener\" target=\"_blank\">Mr. Sibley, 28,<\/a> whose death led to vigils across the city, <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2023\/08\/07\/arts\/dance\/oshae-sibley-vogueing-memorial.html\" title=\"\" rel=\"nofollow noopener\" target=\"_blank\">including a gathering<\/a> at the Mobil gas station on Coney Island Avenue where the stabbing occurred. Beyonc\u00e9\u2019s website read \u201cRest in Power O\u2019Shae Sibley\u201d days after the killing.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Ms. Popov\u2019s mother wept as the jury declared him not guilty of the most serious charges. About a dozen of Mr. Sibley\u2019s friends sat across from her in the courtroom. Several of them shook their heads or wiped tears away as the verdict was read. Joshua Sanchez, 34, who was with Mr. Sibley the night he was killed and testified about what he witnessed, put his hands over his face in shock.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Outside the courthouse, Mr. Sanchez said that the outcome felt like \u201chalf justice.\u201d Mr. Popov will do time, but \u201che got off easy.\u201d<\/p>\n<p class=\"css-ac37hb evys1bk0\">Mr. Sanchez said that he saw firsthand the \u201chate that came out of his mouth, out of his soul\u201d when Mr. Popov attacked Mr. Sibley.<\/p>\n<p class=\"css-ac37hb evys1bk0\">\u201cIt didn\u2019t feel like manslaughter,\u201d Mr. Sanchez said outside the courthouse.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Mr. Popov, now 20, <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2026\/05\/27\/nyregion\/oshae-sibley-brooklyn-murder-trial.html\" title=\"\" rel=\"nofollow noopener\" target=\"_blank\">took the stand<\/a> during the trial and sought to convince the jury that he had believed Mr. Sibley and his friends intended to hurt him that night on July 29, 2023. He said that he had felt overwhelmed and scared as Mr. Sibley and two of his friends surrounded him and that he stabbed Mr. Sibley only when he \u201cran at me\u201d and punched him in the head.<\/p>\n<p class=\"css-ac37hb evys1bk0\">\u201cI was panicking and started shaking,\u201d Mr. Popov testified on May 27. \u201cIt was chaotic. I didn\u2019t know what just happened. It all happened so quick.\u201d<\/p>\n<p class=\"css-ac37hb evys1bk0\">Mr. Popov\u2019s lawyer, Mark Pollard, argued that his client was too young to act reasonably in the moment, citing research that says the brain is not fully developed until a person is 25 years old. At the time of the killing, Mr. Popov was living with his mother in Sheepshead Bay and working at a smoke shop that his family ran.<\/p>\n<p class=\"css-ac37hb evys1bk0\">During closing arguments, Mr. Pollard said that Mr. Popov had made a split-second decision as he tried to retreat.<\/p>\n<p class=\"css-ac37hb evys1bk0\">On Monday, Mr. Pollard said that his client was relieved he was not facing life in prison, but he planned to appeal the manslaughter conviction.<\/p>\n<p class=\"css-ac37hb evys1bk0\">\u201cWe\u2019re disappointed in the jury\u2019s verdict,\u201d he said. \u201cThis 17-year-old young man did not intentionally murder Mr. O\u2019Shae Sibley. I\u2019m glad they considered that.\u201d<\/p>\n<p class=\"css-ac37hb evys1bk0\">Mr. Popov\u2019s parents declined to comment.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Prosecutors had pushed back on Mr. Popov\u2019s self-defense claim, arguing that Mr. Sibley was trying to get the knife away from Mr. Popov and that he had plenty of opportunities to leave but instead chose to escalate tensions.<\/p>\n<p>Dmitriy PopovCredit&#8230;Mark Pollard<\/p>\n<p class=\"css-ac37hb evys1bk0\">\u201cHe was not just parachuted into the moment when O\u2019Shae runs at him to disarm him,\u201d said Sarah Jafari, a senior assistant district attorney. \u201cIt was not justified. It\u2019s not self-defense. It was not legal. It was murder.\u201d<\/p>\n<p class=\"css-ac37hb evys1bk0\"><a class=\"css-yywogo\" href=\"https:\/\/www.nysenate.gov\/legislation\/laws\/PEN\/35.15\" title=\"\" rel=\"noopener noreferrer nofollow\" target=\"_blank\">Under New York State law<\/a>, people cannot claim self-defense if they started a confrontation and did not walk away if given the chance.<\/p>\n<p class=\"css-ac37hb evys1bk0\">During deliberations, jurors seemed to struggle to understand the laws behind the charges, specifically the murder charges, and asked Judge Dena Douglas three times to read them aloud in court. It was a lengthy process as Judge Douglas frequently stopped to read the law again, appearing to correct herself. Jurors declined to comment after the verdict.<\/p>\n<p class=\"css-ac37hb evys1bk0\">During cross-examination, Mr. Popov admitted that he had never seen any weapons on Mr. Sibley or his friends. He also said he had thrown away the phone he had been using to record his interactions with Mr. Sibley and his friends just before the stabbing.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Eric Gonzalez, the Brooklyn district attorney, noted that the verdict came at the beginning of Pride month and said he hoped it would give Mr. Sibley\u2019s friends \u201csome measure of solace\u201d to know Mr. Popov would be held accountable.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Mr. Sibley\u2019s life \u201cwas cut short when he was killed by this defendant, who couldn\u2019t stand the sight of O\u2019Shae and his friends just being themselves and living their lives openly as Black gay men,\u201d Mr. Gonzalez said in a statement.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Mr. Sanchez said he had not been the same since Mr. Sibley\u2019s death, constantly worrying that he could be attacked because he is gay.<\/p>\n<p class=\"css-ac37hb evys1bk0\">\u201cI\u2019m always looking behind my shoulder,\u201d he said. \u201cBefore, that wasn\u2019t a thought in my mind, especially living in New York City.\u201d<\/p>\n<p class=\"css-ac37hb evys1bk0\">The day of the killing, Mr. Sibley and his friends had been at a beach in New Jersey and stopped for gas on their way back home.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Surveillance footage showed Mr. Sibley, bare-chested and in pink swim trunks, leaning against a column at the gas station, eating sunflower seeds and, at one point, raising one leg gracefully as Beyonc\u00e9 played from the car. His friend, Otis Pena, shimmied up and down the parking lot, laughing.<\/p>\n<p class=\"css-ac37hb evys1bk0\">In that moment, \u201cwe were still happy,\u201d testified Philip Wilson, 38, a friend of Mr. Sibley\u2019s who had been driving the rental car that night.<\/p>\n<p class=\"css-ac37hb evys1bk0\">\u201cWe were living our best lives,\u201d he said.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Mr. Popov and his friends then emerged from the gas station, recording them and telling them to leave, mocking their painted nails and calling them gay slurs. One of the teenagers said he was Muslim and was offended by them.<\/p>\n<p class=\"css-ac37hb evys1bk0\">The footage shows Mr. Sibley calmly walking up to the group, still holding his sunflower seeds as he talked to them.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Mr. Popov\u2019s friends eventually left, still yelling, and Mr. Sibley and his friends also turned away. But Mr. Popov remained, still filming and calling out at them. When Mr. Sibley and some of his friends walked back, Mr. Popov pulled out his knife and held it toward one of Mr. Sibley\u2019s friends.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Mr. Sibley ran toward Mr. Popov, who rammed the knife into his chest and then fled, according to the video. Mr. Sibley fell to the ground, his pink swim trunks covered in blood, before his friends and nearby witnesses ran to help him.<\/p>\n<p class=\"css-ac37hb evys1bk0\">The police and emergency technicians soon arrived. One officer\u2019s body camera captured the sound of someone trying to comfort Mr. Sibley.<\/p>\n<p class=\"css-ac37hb evys1bk0\">\u201cIt\u2019s OK, my man,\u201d the person said. \u201cYou\u2019re going to be OK.\u201d<\/p>\n<p class=\"css-1n7yjps etfikam0\">Wesley Parnell contributed research.<\/p>\n","protected":false},"excerpt":{"rendered":"A man who fatally stabbed a gay, Black dancer at a Brooklyn gas station in July 2023 was&hellip;\n","protected":false},"author":2,"featured_media":259964,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36],"tags":[101105,98,100,99,17075,16471,101104,96033,9,24,63,101106,101103,4722,101082],"class_list":["post-259963","post","type-post","status-publish","format-standard","has-post-thumbnail","category-brooklyn","tag-2023-murder","tag-brooklyn","tag-brooklyn-headlines","tag-brooklyn-news","tag-decisions-and-verdicts","tag-discrimination","tag-dmitriy-july-29","tag-homosexuality-and-bisexuality","tag-new-york","tag-new-york-city","tag-nyc","tag-oshae-d-2023","tag-popov","tag-race-and-ethnicity","tag-sibley"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/259963","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/comments?post=259963"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/259963\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media\/259964"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media?parent=259963"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/categories?post=259963"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/tags?post=259963"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}