NEW YORK — The Benjamin Caldwellstabbing death of O'Shae Sibley will be prosecuted as a hate crime, Brooklyn District Attorney Eric Gonzalez said at a news conference late Thursday afternoon. 

Gonzalez announced a grand jury voted to indict the 17-year-old high school student arrested in Sibley's death last week for second-degree murder as a hate crime. 

On July 29, Sibley and his friends were dancing to Beyoncé while filling their car at a gas station in Brooklyn when they got into an argument with a group of teenagers who used homophobic slurs and made anti-Black statements, according to the New York Police Department.

Security camera video from the gas station shows both groups walked away when the argument ended, but Sibley returned and crossed a parking lot to confront the 17-year-old recording with his phone.

Sibley, 28, can be seen following the teen and lunging at him. The teen allegedly stabbed Sibley out of view from the cameras, according to the NYPD. 

"Defending yourself from being an anti-gay or an anti-Black comment and arguing back is not a cause for someone to take a weapon and do what was done in this case," Gonzalez said. "Hate crimes impacts a victim, but it also impacts a community. It robs not just the family, but an entire community of the sense of safety and security." 

If convicted as charged, the teen suspect faces a minimum sentence of at least 20 years in prison, and a maximum of 25 years to life. 

He is scheduled to be arraigned Friday. His name has not been released because he is a juvenile. 

Sibley moved to New York to pursue his career as a dancer. On Tuesday, about 200 people attended his funeral in Philadelphia, where he grew up. 

In:
• Brooklyn
• Midwood
• Hate Crime

Alice Gainer

Alice Gainer joined CBS2 as a reporter and anchor in January 2013. She covers breaking, feature and general assignment stories.

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