CRIME
Slain Man’s Husband Accuses NYPD, DA of Bias
As suspect arrested, victim’s spouse says law enforcement mistreats him as gay man
BY MATT TRACY
Police have arrested one of two men
allegedly responsible for the shooting
death of a gay man who was hit
by a stray bullet in Manhattan in
June, but the victim’s surviving spouse is not
celebrating.
Terry Solomon, the husband of the late
Winston McKay, told Gay City News following
that arrest that the NYPD’s 30th precinct and
the Manhattan District Attorney’s Offi ce have
spent the last several months discriminating
against him due to his sexual orientation by
blowing off his questions and instead contacting
the victim’s mother to provide updates
about the case — even though he’s next of kin.
NYPD offi cers, he said, have even laughed at
him when he has sought answers from them
about his husband’s death.
McKay had just fi nished celebrating his
wedding anniversary with Solomon and their
loved ones when he was walking his dog on
Amsterdam Avenue at West 146 Street shortly
after 2 a.m. on June 10. Strangers across the
street were, according to the Manhattan DA,
engaged in a drug-related altercation, and
one man fi red a rifl e at another — but inadvertently
shot McKay in his leg. Emergency
responders rushed to the scene and transported
him to Harlem Hospital, but it was too
late. Doctors told an NYPD detective he died
due to “a gunshot that traveled through his
right thigh and into his left thigh that caused
extensive vascular and arterial damage,” according
to the DA.
In the days following McKay’s death, police
identifi ed one suspect, 20-year-old Erick Batista,
who remains at large and is described
as the shooter in a complaint from the DA’s
offi ce obtained by Gay City News. But on October
21, authorities busted Ozjheir McClain,
19, of Syracuse, on a second-degree murder
charge in connection with the shooting. Mc-
Clain is said to have told prosecutors he was
serving as a lookout while Batista sought to
“run up” a man with whom he had a disagreement.
“Defendant stated that he observed Batista
aim the rifl e at the man’s head, but the
rifl e initially jammed,” the complaint noted.
“Batista then pulled the bolt of the rifl e, reaimed,
and fi red.”
Gathering even basic information about the
case, however, has been a struggle for Solomon,
who said he lives near the 30th precinct,
which has jurisdiction over his husband’s
killing. He said he has gone to the precinct
once per week since the murder to check for
COURTESY OF TERRY SOLOMON
The late Winston McKay (left) with husband Terry Solomon.
COURTESY OF TERRY SOLOMON
Winston McKay (left) and husband Terry Solomon hold up their
marriage license.
updates, but described those visits as being
rife with discrimination.
“I got laughed at,” he said in an interview
with Gay City News. “Literally, they’re laughing
at me. I said, ‘Is something funny?’ I got
humiliated. It’s hard for them to believe that I
was married to this man, whether they want
to accept it or not. I think there’s no compassion
toward us gay people.”
Solomon doesn’t believe that same kind of
approach would be taken toward a straight
person whose spouse was recently murdered.
He said he has often left the precinct emptyhanded
after offi cers offered numerous excuses
regarding why they couldn’t assist him on
that given day.
“This person is busy, that person is busy,
the detective is busy,” he said. “I even left my
email and my offi ce number.”
While Solomon has been left in the dark
about his late husband’s case, he doesn’t understand
why authorities have been happy to
report updates to McKay’s mother.
“I am the spouse,” he said. “I’m still hurting
and you can’t even give me the sense of
relief to call me? I’m sitting here, like, am I
the spouse? Did I actually marry this man?
I have legal documents from the courthouse
saying that we were married and that doesn’t
mean anything. They just bypass me.”
Solomon said that there have been times
when he has learned updates about the case
while watching television. He then gets bombarded
with calls from loved ones, which
overwhelms him with profound feelings of
emotion about his late husband.
Gay City News contacted the NYPD and the
Manhattan DA’s offi ce to ask about Solomon’s
exclusion from regular updates about the case
and to offer them an opportunity to respond
to allegations of discrimination. A person who
answered the phone at the 30th precinct on
October 23 told Gay City News that those in
the precinct are “not allowed to make any
comments,” and he referred the inquiry to the
NYPD’s press offi ce. The NYPD did not return
requests for comment.
The day after Gay City News contacted the
DA’s offi ce, however, Solomon said he suddenly
received three calls from them and four
emails — a huge difference when compared
to before when he was the one who had to pry
information from authorities.
“Maybe that’s why they’ve been calling me
today,” he said on October 24.
The DA’s offi ce did not directly respond to
questions about what courtesies it has extended
to Solomon, but said in a written statement
that the offi ce is “committed to treating
all crime victims and their family members
with compassion. We offer Mr. McKay’s loved
ones our sincerest condolences, and we will
do everything we can to bring justice for this
family.”
In response to that statement, Solomon told
Gay City News that he simply wants authorities
to fi nd justice for his husband. As for the
NYPD, he continued to express his displeasure
with the department’s handling of the
case.
“I have no respect for the police offi cers in
that precinct,” Solomon said. “I am happy
that a suspect is in custody, but I’m not happy
about the way things worked out.”
He concluded, “I was mistreated because I
was a gay male.”
November 7 - November 20, 12 2019 | GayCityNews.com
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