The two men accused of the brutal killing of a man they mistakenly believed to be gay are expected to appear at a pre-trial hearing Monday morning in New York.

Hakim Scott, 25, and Keith Phoenix, 28, are accused of the December 7, 2008 slaying of Jose Sucuzhanay, an Ecuadorian immigrant.

Police arrested the men after video surveillance taken at a tollboth at the Robert F. Kennedy Bridge identified the pair. The video shows Phoenix laughing 19 minutes after the attack.

Jose Sucuzhanay and his brother Romel were attacked in the Bushwick neighborhood of Brooklyn while walking home arm-in-arm from a bar. Their attackers yelled anti-gay and anti-Latino slurs as they beat them. Police say Phoenix wielded the death blow to the head with an aluminum bat and even returned to strike Jose Sucuzhanay again after he noticed the 31-year-old move. Romel Sucuzhanay managed to escape and call police.

Jose Sucuzhanay, a real estate broker, died five days later at Elmhurst Hospital Center in Queens.

Both men have confessed to the crime but insist they were only defending themselves. Police have charged the men with second-degree murder as a hate crime.