PHOENIX — Bernardo Pantaleon's family is calling for change.
Pantaleon, 30, was murdered and mutilated and his family says evidence shows it's because he was gay.
Police said after Pantaleon was killed, in a group chat, the suspects connected to his death made derogatory remarks about his sexuality and said those in the LGBTQ community are not allowed in the northside.
They then sent photos of Pantaleon's mutilated body to his family members.
“We feel helpless. We’re scared. We’re terrified," said Juan Pantaleon, Bernardo's cousin. “It’s hell. It’s absolutely hell. None of us can get those images out of our head.”
So far, four suspects have been arrested in connection to Pantaleon's murder.
The suspect accused of pulling the trigger and ending Pantaleon's life, Leonardo Santiago, told police it was because Pantaleon made an unwanted advance toward him.
Santiago, 21, is also accused of murdering Osvaldo Hernandez Castillo in March after luring Hernandez Castillo to him through Snapchat for the purpose of a romantic meetup.
Pantaleon's family says evidence clearly shows the victims were targeted due to their sexuality, but charges do not reflect that.
“This was a hate crime. It is blatantly obvious and Maricopa County is deciding, choosing, to do nothing," Juan Pantaleon said.
The suspects are currently facing charges ranging from first-degree murder to assisting a street gang.
Pantaleon's loved ones question why they are not being charged with a hate crime.
No law for hate crimes in Arizona
“We do not have a crime called a hate crime in Arizona," said Maricopa County Attorney Rachel Mitchell.
Mitchell was asked about Pantaleon and Hernandez Castillo's murders in a recent press conference.
She explained a lack of law in Arizona when it comes to hate crimes.
Instead, she said if a biased crime is committed, attorneys can add on the motivation as an aggravating factor which can lead to a longer sentence.
That aggravator has not been added in either case.
“It’s up to the attorney and it can be staffed with their supervisory chain. It can come up to me in appropriate cases to decide whether that's appropriate," Mitchell said. "We have to keep in mind that we have to have evidence that, as you’re talking about, motivated by hatred toward a certain group and that we have to be able to prove that to a jury beyond a reasonable doubt."
Juan Pantaleon believes that is clear in his cousin's case.
He believes now more than ever, a message needs to be sent that these types of crimes will not be tolerated.
According to the FBI, incidents targeting gay men have been on the rise and reached the highest recorded total in the past five years in 2022.
This year's data is not yet available.
“How is it that in 2023, Phoenix, Arizona, gay men are being targeted, tortured, mutilated, murdered?” Juan Pantaleon said.
Not only is Pantaleon's family demanding the aggravator be added to Bernardo's case. They are calling for statewide change.
They've created a petition for Arizona to create a law specific to hate crimes.
“We demand that you give these men justice and that you put the measures in place to make sure that this never happens again," Juan Pantaleon said.
Pantaleon's family will be hosting a public discussion about this topic on Thursday night at 9 p.m. at BS West Bar in Scottsdale.
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