It’s 2018 and people are still successfully using the ‘gay panic’ defence

One of the most controversial legal defences has been used successfully once again.

On Thursday, a 69-year-old man was convicted of criminally negligent homicide after stabbing his neighbour to death in 2015.

James Miller will serve 10 years probation after the death of his neighbour Daniel Spencer, in addition to six months in prison.

According to NBC, friends Spencer and Miller were together in Austin, Texas, when Spencer made a sexual advance on him.

“Hold it, I’m not a gay person,” Miller reportedly replied.

Spencer allegedly became aggressive after Miller rejected his advances, brandishing a glass at Miller.

The defence argued that Miller acted in self-defence.

(Photo: diego_cervo)

However, the prosecution argued that Miller did not have “so much as a scratch on him.”

Miller reportedly told the jury: “He had height advantage over me, arm length over me, youth over me. I felt he was going to hurt me.”

Miller then stabbed Spencer before turning himself into the authorities.