A Queens Criminal Lawyer said that, defendant was originally charged by a Queens County Grand Jury with one count of murder in the second degree, two counts of criminal use of a firearm in the second degree and criminal possession of a weapon in the second degree emanating from the shooting of the victim with a handgun on May 19, 1982. On the People’s motion, the criminal use of a firearm counts were dismissed. After two trials on the murder and criminal possession counts, defendant was convicted of the lesser included offense of manslaughter in the first degree. The fact that the victim died at defendant’s hands is beyond dispute. By defendant’s own admission, he shot the victim in the course of an altercation. According to competent medical authority, the victim sustained five gunshot wounds and died as a result of internal hemorrhaging caused by those wounds.
A Queens Criminal Possession of a Weapon Lawyer said that, after advising the defendant of his rights, the police took a statement from him at the precinct on the day of the incident. Defendant at that time informed the police that on the afternoon of the shooting he had received a telephone call from the victim, with whom he had been acquainted for approximately two years, with regard to a burglary of defendant’s apartment which had occurred some two to three weeks previously. Defendant permitted the victim to come to his apartment in order to discuss the burglary. The victim apparently intended to obtain money from defendant in exchange for his information concerning the burglary. To the Officer who had responded to the scene and traced a trail of blood from the pizza shop where the victim was found back to defendant’s apartment, defendant initially stated “I caught the guy” and motioned to a pair of pliers lying at the base of the stairway leading to his apartment.
Defendant later made the following admission: “I knew the guy. We argued, we fought. I shot him” and pointed to a gun which was lying on a couch in his apartment.
A Queens Gun Crime Lawyer said that, the defense rests heavily upon the testimony of the person who was painting the front room of defendant’s apartment at the time of the shooting. Approximately 20 minutes after the victim arrived at the apartment, the said person heard arguing coming from the room where defendant and the victim were. He also heard defendant say something about a “rip off”. The person then heard a gunshot and immediately proceeded to the room and opened the door, whereupon he observed defendant holding a gun on the victim. Although defendant repeatedly told the victim to turn around and keep his hands behind his back, the victim lunged at defendant with a silvery, railroad spike-type object. The person then heard a number of gunshots in rapid succession followed by the sound of breaking glass. He took cover behind a wall. When the person returned to where he could get a view of the room in which the altercation took place, he saw defendant seated atop some broken glass attempting to get up. The victim, who was standing over defendant, ran past the person who unsuccessfully tried to restrain him. The victim fled down the stairs followed by defendant who still held the gun.
To Be Cont…
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