PORTLAND, Ore. (AP) – A 47-year-old man has been convicted of the hate crime of second-degree intimidation for threatening to kill a gay man in southwest Portland.

The Oregonian/OregonLive reports Scott Wayne Smith changed his plea Tuesday to no contest as his trial was scheduled to start.

Smith’s sentence includes 21 days in jail, two years of probation and conditions including staying away from the victim and the apartment complex where the crime occurred and preparing an apology letter.

A Portland police investigation showed Smith approached two men sitting outside a residence Aug. 13 to ask for a cigarette and started “using homophobic language and threatened to kill the men” when they didn’t respond, according to the Multnomah County District Attorney’s Office.

The residence is part of a treatment community that involves people diagnosed with HIV or AIDS, and many of the people living there are gay.

Information from: The Oregonian/OregonLive, http://www.oregonlive.com