gay panic defense

An Atlanta teenager was convicted of murder after a Fulton County jury rejected his gay panic defense.

19-year-old Marquavyian Gude (inset) told the court he expected to meet a girl for random sex, but Devontavius McClain, also 19, showed up instead.

Police say Gude shot McClain in the head and stuffed his body into the trunk of his car. Fulton County District Attorney Paul Howard Jr. said Gude killed McClain for "making a pass" at him.

Police suspect Gude engaged in a consensual sex act with McClain, but Gude denied having sex with the teen.

"Gude could not explain why, instead of leaving, he chose to ride around with the victim for several hours before killing him,” Howard told a reporter.

According to the NY Post, phone records and forensic evidence found in the abandoned car linked Gude to the murder. Gude also used McClain's stolen debit card.

McClain's sister said Griffin police did not do enough to find her brother when he went missing from the family's Griffin home in 2013.

Griffin police initially classified McClain as a runaway.

"I didn't give up hope," McClain's mother told CBS46 after her son's body was found in the car trunk in 2013. "But I knew that something was wrong with my son after he did not come home because he never did this before."

McClain's body was so badly decomposed that his tattoos were used to make the identification.

"She told me that she picked up my name, his sister's name, but half of my name was gone," McClain's mother said in tears.

The gay panic defense, also known as the homosexual panic defense, has been used successfully in the past by defendants who claim temporary insanity in response to a perceived threat to their manhood.

The gay panic defense has been ruled inadmissible in multiple jurisdictions. But Georgia courts allow the gay panic defense to be used in murder trials.

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    • Smartypants

      Terrible. Prayers to the deceased young man's family and the perp's family.

      I said all that to get on these names. What's going on?

    • Smartypants

      Terrible. Prayers to the deceased young man's family and the perp's family.

      I said all that to get on these names. What's going on?

    • lil goodie

      Jesus be the shield...he killed him after spending hours with him???? Well he we I'll have plenty of time to spend with the boys now... gay panic my azz

    • lil goodie

      Jesus be the shield...he killed him after spending hours with him???? Well he we I'll have plenty of time to spend with the boys now... gay panic my azz

    • Jacob Israel

      Black-On-Black killings...

      This is one of the reasons, God is allowing the white demons to shoot & kill the black males (and get away with it too) because of their ABOMINATIONS AND KNUCKLEHEADNESS

      DISOBEDIENCE TO THE COMMANDMENTS:

      1. THOU SHALT NOT BE GAY
      2. THOU SHALT NOT MURDER

    • Jacob Israel

      Black-On-Black killings...

      This is one of the reasons, God is allowing the white demons to shoot & kill the black males (and get away with it too) because of their ABOMINATIONS AND KNUCKLEHEADNESS

      DISOBEDIENCE TO THE COMMANDMENTS:

      1. THOU SHALT NOT BE GAY
      2. THOU SHALT NOT MURDER

    • You Aint Shyt-LuhYou, B.Sweet

      Uhm did I miss something today?

    • You Aint Shyt-LuhYou, B.Sweet

      Uhm did I miss something today?

    • Tippie Toes

      Gude is Gay point blank and now he will be raped in jail countless times

    • Tippie Toes

      Gude is Gay point blank and now he will be raped in jail countless times

    • LuvMyBrownSkin?

      He thought that he was going to get by with murder. Now instead of being afraid of gay men he better be afraid of not dropping the soap.

    • LuvMyBrownSkin?

      He thought that he was going to get by with murder. Now instead of being afraid of gay men he better be afraid of not dropping the soap.

    • Its Me

      THOU SHALT NOT BE GAY
      ^^^^^
      ?????

    • Its Me

      THOU SHALT NOT BE GAY
      ^^^^^
      ?????

    • Its Me

      This is a hate crime. I'm not sure what was in his heart but...man. yeah. This stuff getting crazy man

    • Its Me

      This is a hate crime. I'm not sure what was in his heart but...man. yeah. This stuff getting crazy man

    • Its Me

      This. All of it

    • Its Me

      This. All of it

    • SummerBaby

      So he got catfished? Slept w/dude than felt guilt & killed him. ?? How did they meet? RIP??

    • SummerBaby

      So he got catfished? Slept w/dude than felt guilt & killed him. ?? How did they meet? RIP??

    • Its Me

      said all that to get on these names. What's going on?
      ^^^^^
      Idk. Maybe @WhittyH coming to shed light on what she terms...Nigga names?

    • Its Me

      said all that to get on these names. What's going on?
      ^^^^^
      Idk. Maybe @WhittyH coming to shed light on what she terms...Nigga names?

    • brooklyn23

      Exactly. That dude I believe had sex with Mclain then felt a way about it afterwards. Probably thought the only way his dirty secret can remain a secret was killing the guy.

    • brooklyn23

      Exactly. That dude I believe had sex with Mclain then felt a way about it afterwards. Probably thought the only way his dirty secret can remain a secret was killing the guy.

    • Str8tUpMenace

      I believe Gude knew he was meeting up with a dude, and they prolly realized they knew each other from around the way or somewhere. They engaged in gay sex, and Gude killed him for fear that McCain would tell the hood that Gude's azz is gay.

    • Str8tUpMenace

      I believe Gude knew he was meeting up with a dude, and they prolly realized they knew each other from around the way or somewhere. They engaged in gay sex, and Gude killed him for fear that McCain would tell the hood that Gude's azz is gay.

    • SnootyPooty

      Senseless killing

    • SnootyPooty

      Senseless killing

    • Str8tUpMenace

      O_o Snooty!!!!!!!!!!!!!!!! It's Mirs. How are ya????

    • Str8tUpMenace

      O_o Snooty!!!!!!!!!!!!!!!! It's Mirs. How are ya????

    • Karma WhO

      I think gude is probably gay anyway, but robbery was the number one motive

    • Karma WhO

      I think gude is probably gay anyway, but robbery was the number one motive

    • WHITTYwithWORDS

      Chyle...

      always on 20

    • WHITTYwithWORDS

      Chyle...

      always on 20

    • WHITTYwithWORDS

      How does one go about pronouncing: Marquavyian

    • WHITTYwithWORDS

      How does one go about pronouncing: Marquavyian

    • jazmine

      Alot of men feel shame for having gay feelings and take it out on the person they have relations with. So sad. Gays need to stay away from people on the DL.

    • jazmine

      Alot of men feel shame for having gay feelings and take it out on the person they have relations with. So sad. Gays need to stay away from people on the DL.

    • You Aint Shyt-LuhYou, B.Sweet

      Hey hey hey, dont ask these questions after I've already made up my own version.

    • You Aint Shyt-LuhYou, B.Sweet

      Hey hey hey, dont ask these questions after I've already made up my own version.

    • WHITTYwithWORDS

      but like you ever see a name that makes YOU feel dumb bc you just don't know how to form your mouth to say it.

    • Str8tUpMenace

      Nope, you right on time for bible study. LOL!!!!

    • You Aint Shyt-LuhYou, B.Sweet

      Yeah I'm learning to ask folkshow to say their name when I see those kinds. Some people get antsy because you didn't know how to put those 10 letters together.

    • You Aint Shyt-LuhYou, B.Sweet

      I have missed it lately. What version of the bible we using?

    • http://Copblock.org aDingoDrankMyBabies

      I read it, a couple times, yet don't understand. What happened to the woman that showed up? Gaypanic, seems eerily familiar to Weaponized Blackness which is currently being used to demonize Johnathan Ferrell in the Kerrick trial currently going on.

    • http://Copblock.org aDingoDrankMyBabies

      Oooooh, I read also 19, as showed up also?

    • Tippie Toes

      Yep he was ashamed and didn't want to be outed.

    • http://Copblock.org aDingoDrankMyBabies

      No offense to the gay community, but as a straight woman, I knows gay when I see it. Marquavian has a look to his face...The first being old?? But yeah, he did what he did, which is what he likes to do, but felt shameful afterwards. I get those same feelings after masturbating?? Very unfortunate for Devontavius?

    • http://Copblock.org aDingoDrankMyBabies

      We've got to figure out a way to remove the negative connotations attributed to homosexuality in the Black community. Two Black men who could right now be on the front line in Ferguson fighting the oppressor, are now both gone (figuritavely) thanks to self oppression??

    • T3

      I'm a substitute teacher. Happens to me all the time. You know folks like to be "creative" with their spelling. Sometimes I just spell it out loud as opposed to trying to say it lol

    • T3

      Sometimes I just spell that is out loud lol

    • SnootyPooty

      Hello how are you??????

    • SugarFoot a.k.a Ty

      Chile DeDe was here :twostep: Sprinkle me *in my E40 voice while sitting holy water spray bottle on the blog*

    • SugarFoot a.k.a Ty

      *jumps on back* Give me some shuga.... I am your neighbor *in my 3 Stacks voice*

    • http://Copblock.org aDingoDrankMyBabies

      Hey frenfren?? What a day today was? Zankou is busy, but I've got the power of 3 on my side? How are you? You be in and out. Busy I take it??

    • SugarFoot a.k.a Ty

      Yes Im still playing with the auditors :( I will catch up tonight over some Yak not yaki either. I see DeDe dropped by lol Have a good weekend :hugs:

    • http://Copblock.org aDingoDrankMyBabies

      ??????A shout out to the Yay urrrea?? You know SugaT and I had a failed business venture together...Allegedly?? Long ago...Allegedly??

    • http://Copblock.org aDingoDrankMyBabies

      Oh chile, I'm talking offline. No clue what these folks was doing up in here today? I know yesterday in that Tom Brady post, @NancyDrew showed her ass, her entire flat ass chile? A mess?

    • Kima

      Hunty,90's babies...everybody wanted to be "different"

    • DDNY

      MAR -QUAY- VIAN. it is a mouth full. and no pun intended

    • Kima

      Thought shall not be gay is no damn commandments, whose bible are you reading? Spewing nonsense....and who made you God's official spokesman, you sound stupid as hell.

    • Kima

      The king james, LeBron apparently, ignorance pisses me off, didn't the bible say STUDY TO SHOW THEY SELVES APPROVE

    • DDNY

      yea so many questions. like, u were expecting a girl. a dude came and he convinced u/ u were down? what the hell. u decided u will try dack today? oh so much confusion in these young minds

    • just being me

      What bible is that from .. Its funny you have all these reasons why black men are being killed because if there abominations and knuckleheadness but what about all the other people that die .. I guess everybody dies for this reason also huh because the last time I checked every human that was born or created has died unless they are still alive today ..

    • Rayne

      I'm guessing Mar/qway/ v/ on...idk. doesn't ten minutes sounding it out..smh

    • Rayne

      Deon/Tay/ v/ on..I tried hell. Lol

    • DDNY

      thats true Bren u have so much insight. even tho u play alot...

    • Its Me

      ?...

    • http://Copblock.org aDingoDrankMyBabies

      ???? Thanks?? I go in and out. It's the meds...

    • MookieFly

      Gudee is straight lying and can't keep the story together. Did you get catfished or did McClain make a pass? Why did you spend extra time with the victim? So sad to lose a young man because you are uncomfortable with who you are.

    • Ladysweetthang

      He might not get Raped chances are he's going to be in jail throwing the that thang. Trifling ass

    • SummerBaby

      I just read more about this. So the killer was 17 when he killed him & this poor young man was missing for 2 months before he was found. RIP??

    • SugarFoot a.k.a Ty

      Lmao going to see what Nan done did

    • GTrain

      Marquavyian... Devontavius... *sigh*

    • Meme81

      I partially agree with you. People need to choose which side of the fence they're on , whether it be the issue of homosexuality or murder or other things. Either you believe the Bible and speak up for it or you don't. However, sexual immorality and even murder are sins that you can repent of, and people need to be told that, too.

    • Sexy CJ

      ....................

    • 1/8

      There's a popular gay hook up site that has been used by psychopaths to facilitate several murders and who knows how many assaults and robberies.

      A month ago, I spoke with a man who said he met a young black male via the site who robbed him at gunpoint.

      When the victim showed me the suspect's picture, I was surprised, because I have the suspect before, usually hugged up with a young mulatto girl.

    • mzwhang90210

      Happy Friday everybody!!!! Luv you guys...listen....

      I've read about this case several places online and still have un-answered questions. So...I've come up with my own theory on what happened. Wanna hear it? No?
      So what..here it is anyway...

      Marquavyian ( a known weed head who'd been convicted in 2013 for possession) had been communicating online with what he'd been led to believe was a female for quite sometime. He digs "her" & "she" seems pretty cool. Soo...one day this "female" (who, btw... goes by the online name of Que'zinfendella) suggests that they hook up because she knows where to get some bomb weed. He agrees that she'll drive somewhere & pick him up after she gets off work---- so that they can hang out..smoke... talk....dry-hump...whatever.

      Soo....Marquavyian gets to the allotted meeting place, and instead of Que'zinfendella being there...some dude who introduces himself as Devontavius drives up.

      He says "Hey, are you Marquavyian? Hop in. I'mma take you to meet Que'zinfendella. She's nervous about meeting guys from online, so she sent me to make sure that you were safe/legit. She don't get off work for another couple of hours anyway..so we can just ride around/chill till it's time to pick her up."

      So they ride around for a couple of hours, stopping to get sumthin to eat, (which dude agrees to both super-size & go 1/2 on) & after they've eaten, Devontavius pulls onto a deserted road..and turns to Marquavyian like...

      "Can I be honest with you? There is no Que'zinfendella, that was me all the time..I just really liked you and I was afraid of what you'd do if I told you the truth.

      After some conversation & confusion...he manages to unzip Marquavyian's pants.... & proceeds to do all the things with his mouth that Que'zinfendella claimed that she could do... (and then some.)

      Afterwards, Marquavyian is so ashamed.. and afraid this will get out..that he freaks out & shoots Devontavius in the head . The he goes thru dudes murse..discovers his debit card..and tries to use it before abandoning the car. (which had ran out of gas already anyway)

      The end.

      Yup..makes sense to me now.

    • mzwhang90210

      I agree. I think initially he thought he was going to meet a woman..when he saw it was a dude, he decided to rob him..and welp..there you have it.

    • BahaGirl

      This world......everyday something worse happens, than the day before.

    • understandingoverignorance

      Marquavyian? I can't even pronounce mess of a name.

      May he rot in jail for this senseless murder.

    • Beverly Johnson

      For the dudes who say they would've done the same thing, please keep In mind, the next time dude has sex, high probability It will not be with a girl!!!! IJS

    • MISSMEWITDATBULL

      ^^ALL. OF. THIS.^^

    • mzwhang90210

      ...

    • SummerBaby

      I think your version is probably right. I'm so mad that it did make me laugh tho!

    • mzwhang90210

      Marquavyian =
      Mark (like you mark something down) -
      qway (rhymes with sway)-
      vyi (as in vee ),
      an (as in pork an beans.

      Mark-qway-vee-an.

      I did it!! I solved the puzzle!!

    • 1/8

      Thanks! Saved me a lot of keystrokes! ?

    • Hopeless RHOmantic

      Yup! I blame Queen Latifah, LOL! Everyone wanted to channel Muvah Africa with their names, but ending up on Auntie Alley instead.

    • zeta4life

      SUMMA-BREEZE!!!!!

    • zeta4life

      WHANGE PLZ GIT SOMEWHERE....got me wasting my goodt liquor (Henny- BLACK)... :hug: and :kiss:

    • zeta4life

      and your honor the prosecution rest!!! *bangs gavel*.... lol

    • mzwhang90210

      lmaooooooo..hey bew!!! Gimme some shugga...

    • zeta4life

      *moves head slightly so u can find my damn mouff*...lmao!!!!!

    • mzwhang90210

      Hey bew..with your annoyingly logical self. LOL...any-hue.

      Did the guy take the pic to the police and report the robbery?
      I ask because I've had like 3 gay friends tell me they were victimized by people they'd met up with from gay websites....but were ashamed to go the authorities, so they just kept mum.

    • mzwhang90210

      ...

    • zeta4life

      what time is it where u at??? *a bish high/ tipsey* because that question don't look right....LMAO!!!

    • mzwhang90210

      lmao..it's only 7:15 in Cali.
      I forget that most posters here are inna diff Time Zone.

    • zeta4life

      yes...its 9;18 here in Bama...we r waiting for our Man-child to get here...WE SO EXCITED!!!! he just called and he will be here in another 2hrs...#ProudArmyMom

    • zeta4life

      most probably at the NWA movie....we r all going Sunday...after all them youngsta get out the way...who really don't know that NWA was a MOVEMENT!!! IMHO!!! cause some of this so call "real rap" they be listening too...ain't chit....NWA gave "us" da chit...real...raw...and rough...
      *twist my "milla fangas" thowing up the "W"
      rofl!!!

    • mzwhang90210

      Awww..God bless all of you.
      Show him my pic & tell him I don't kiss & tell.

    • zeta4life

      #COUGARLIFE :rofl:
      MR Z done came down here to my "woman cave" looked at me...and said I can't even see your eyes..
      *EYEZ STAY LOW
      FROM THAT CHEEFIN*
      ME responding: whet u need to see m eyez four...

    • mzwhang90210
    • zeta4life

      Sweetie u have a great and bless rest of the evening.... going to chill with MR..cause this negro walking and chit....trying to pretend like he ain't just as excited as me...MEN!!!
      love ya!!!! mean it!!!!

    • mzwhang90210

      Yup. I had these same questions. Then I came up with my own scenario. See above.

    • 1/8

      Annoyingly logical? Mmm... I might adopt that as my new screen name! LMAO! ?

      No. He didn't go to the police, because prostitution was involved. He gave the guy money in exchange for sex, but he wanted more than the agreed upon price and pulled a gun.

    • mzwhang90210

      Love you bew-bee. Thank you for inspiring us (esp me) with your testimony/presence!!

      Now gimme some real sugah!! Wait..lemme take my teef out first....

    • 88

      I guess it doesn't pay to be gay.

    • mzwhang90210

      LOL...if you do use that name...I want my cut.

      But ummm yeah. That's so sad.
      I feel sooo sorry for my gay friends sometimes. They are all...(for the most part) over 30 and they are sure each hook up will be "the one."

      I cry with them each time they are continually disappointed. I keep telling them to be more careful with online hook ups..but as as the straight married female friend ..I can only do so much.

      https://uploads.disquscdn.com/images/1f50c0b4fc3a424149ce2e06d0ca0780048d50e1944ff7015ea17aa1b29dfe09.gif

    • 1/8

      Are you familiar with The Stylistics "Children of the Night?"

      These lyrics pretty much describe every gay man's existence:

      Late at night, when all the world is safe within their dreams, I walk the shadows.

      Late at night, an empty feeling creeps within my soul, I feel so lonely.

      So I go into the darkness of the night, all alone.

      I walk the streets until I find someone who is just like me,
      looking for some company.

      Children of the night."

    • derty001

      My gay friend tells me all the time he has to hurry up and leave after freaks with a dl/"straight" dude because they become voilent after they nut... He calls it "gay guilt" HAHA use that for a defense!

    • eljjai

      Marquavyian.....Devontavius

    • eljjai

      LMAO,
      thou shall not be gay!
      above thou shall not murder.
      that is too funny, I'd like to see the rest of your commandments please.

    • eljjai

      Join us brother Bullsweet...

    • eljjai

      boy-puscee on fleek!

    • eljjai

      a self hate crime with a different person as the victim.

    • Jacob Israel

      Murder and homosexuality and Adultery carry the same judgement... Death!
      I worded the gay thing in my own words, but it does not take away from the fact that Homosexuality is Condemned in the Bible, and all those who partake in it and don't repent from it will have themselves to blame on Judgement Day

    • BRING THE PAYNE

      LMAO,you is CRAZY with a "K"!!!! and I love it all,when you on meds AND OFF!!!!much love bren<3 <3<3

    • BRING THE PAYNE

      Gm,you don't think his mama was trying to name him after the drink JOSE "CUERVO" and got seriously sidetracked?he look as unpleasant as it is to always have to pronounce his name.this whole story is disturbing. and becuz he REFUSE to be truthful to himself.this young man will never be able to give a truthful account as to how all this came to be.

    • http://yeuphonic.com @yeuphonic

      Dana Owens? Even her stage name is a real name. This comment makes no sense.

    • http://yeuphonic.com @yeuphonic

      King James was an actual person who had the bible revised for his own selfish gain. That version became the most wide spread. #theology

    • ?Sugar&Spice?

      This is so sick and sad.

    • Trillbish

      The craziest part of this story is that "The Gay Panic" defense is a real thing. In the words of Ed Lover C'mon son!!

    • Hopeless RHOmantic

      Jokes, sweetie. Latifah, Khadijah (genuine, ethnic names that mean something), and other names like it were part of the 90s "back to Africa" naming movement, when people wanted to reconnect with their culture. Remember the African shaped amulets and black/red/green clothing? Maybe you don't. But some ghetto girls got ahold of the trend and perverted it, thinking Frashikashay and Zatarains were African, too. Thanks, though.

    • Aanelove

      The names.....smh

    • yallcrazy

      They need to get rid of that gay panic law. I don't like that at all. I mean I'm not for all this gay stuff but they damn sho got a right to live. That's just plain evil and I hope he gets life.

    • Smartypants

      Lmbo not Zatarrains.

    • Bayou Classic

      Who names these chillens these days. ?

    • Bayou Classic

      Smh. I don't know what two genuises named those kids that nonsense

    • http://Copblock.org aDingoDrankMyBabies

      ?????? mi vedga el juapo?? That means thank you shuga in Xenuishian???

    • QueenMonica

      Lol thank you kima

    • QueenMonica

      Black people smmfh so sad no love in the black community just ignorant closeminded and hateful people

    • choco late

      Please read

      Leviticus 20:13

      If a man also lie with mankind, as he lieth with a woman, both of them have
      committed an abomination: they shall surely be put to death; their blood shall be upon them.

    • choco late

      1 Corinthians 6:9-11
      Or do you not know that the unrighteous will not inherit the kingdom of God? Do not be deceived: neither the sexually immoral, nor idolaters, nor adulterers, nor men who practice homosexuality, nor thieves, nor the greedy, nor drunkards, nor revilers, nor
      swindlers will inherit the kingdom of God. And such were some of you. But you were washed, you were sanctified, you were justified in the name of the Lord Jesus Christ and by the Spirit of our God.

    • choco late

      The bible still speaks against it. READLeviticus 20:13

      If a man also lie with mankind, as he lieth with a woman, both of them have
      committed an abomination: they shall surely be put to death; their blood shall be upon them

    • choco late

      King james was also a homosexual pedophile

    • choco late

      Gude could not explain why, instead of leaving, he chose to ride around with the victim for several hours before killing him,” Howard told a reporter.....
      Homosexual

    • choco late

      This world makes me sick

    • rodt

      that bow tie tells the story

    • http://sandrarose.com SandraRose

      I love 100's logical and enlightening comments.

    • http://sandrarose.com SandraRose

      I didn't know the Stylistics sang this song. I thought The Jones Girls made this song originally. They sound like angels. https://www.youtube.com/watch?v=SqBBGxL6KYk

    • http://sandrarose.com SandraRose

      Even though this case is very sad… thanks for the laugh.

    • http://sandrarose.com SandraRose

      The first woman I ever slept with had gay guilt syndrome every time we had sex. She acted like a completely different person when we were done. She was so guilt-ridden. I guess it was the age difference. I was 15 and she was 31. She was the asst. principal of my high school in Miami. Needless to say, I was so confused by her unpredictable behavior and how quickly she flipped on me.

    • 1/8

      I like both versions. The Jones Girls' harmonies were insane!

      The Stylistics released Children of the Night in 1972. The Jones Girls' version debuted in 1980.

    • http://sandrarose.com SandraRose

      Women too.

    • http://sandrarose.com SandraRose

      Congrats!

    • http://sandrarose.com SandraRose

      Wait, I read this wrong. I thought you were expecting a baby.

    • SameoleJ

      Isn't that contradicting one of the Commandments? Exodus 20:13 (KJV)- Thou shall not kill.
      IJS

    • SameoleJ

      If I had my pick.....I'll be gay before a murderer. Just my preference though, one will weigh heavy on my mind, wherein the other may provide me pleasure. Since, I come from a long-time Bi-Racial family, I am already damned to hell, so I think I am entitled to be picky with any additional sins......No?

    • Tiffany Miller

      Lying about your gender can't possibly be a smart thing to do... Too much!!!!

    • mzwhang90210

      Me too. ( I only tease him because he has a delightful wit.. and can take a joke.)

    • mzwhang90210

      Me too. ( I only tease him because he has a delightful wit.. and can take a joke.)

    • mzwhang90210

      Me too. ( I only tease him because he has a delightful wit.. and can take a joke.)

    • chappedlippz

      Damn shame.

    • JUDGEMENTAL

      Mothers when you put a 'Qua' in your sons name, you give him no choice but to be gay...its yo fault!

    • Ladysweetthang

      ilk lol