murder

Published on: February 22, 2012

Defendant Convicted of Manslaughter in DWI Case

by Stephen Bilkis

This is a pending motion of a man’s appeal to dismiss the charges against him. He seeks to dismiss the first count of accusation, murder in the second degree, the second count which is manslaughter in the second degree and all other counts of charges against him.

Based on the record, on the night of the incident, the man was operating his motor vehicle in an eastbound direction. It crossed the center line into the westbound lane of traffic then he collided with a westbound vehicle driven by a woman. As a result of the collision, a man seating on the front seat of the woman’s vehicle died. The grand jury returned a seven-count felony, charging the man with murder in the second degree, manslaughter in the second degree, vehicular manslaughter in the second degree, criminal negligence homicide, two counts of misdemeanor, DWI and failure to keep right. Under the facts presented here, the distinction between the two types of homicides takes place in the context of a driving while intoxicated fatality case.

The analysis results from the man’s motion requesting that the court review the grand jury’s minutes of the proceedings to determine if the evidence presented was legally sufficient to sustain an indictment for depraved indifference murder and manslaughter in the second degree.

Published on: February 17, 2012

Court Rules on Diabetic Hypoglycemia Defense Case

by Stephen Bilkis

In 1981, a wife was shot and killed at her home by her estranged husband. The defendant husband was charged for murder in the second degree for intentionally causing the death of his wife. At trial, the husband did not deny that he fired the shots which killed his wife; rather, he offered evidence to establish that he did not have the right state of mind to commit intentional murder. Specifically, the husband sought to show that at the time of the shooting he was suffering from hypoglycemia, a condition resulting from his having taken an excessive amount of insulin to control his diabetes, which rendered him, in effect, intoxicated and incapable of forming the requisite intent.

Records revealed that the defendant husband requested to the jury that manslaughter in the second degree and criminal negligence homicide be charged as lesser included offenses of intentional murder. After the County Court denied his request, the husband was found guilty as charged and a term of imprisonment of 25 years to life was imposed. The husband appealed and raised several grounds of error.

Initially, the Penal Law has established a hierarchy of culpable mental states with felonious negligence as the least liable mental state, recklessly as the next highest, and intentionally as the most liable mental state. It is further recognize that the lower mental states are necessarily included in the higher forms of mental liability. A review of the statutory definitions of criminally negligent homicide, reckless manslaughter and intentional murder reveals that these crimes are distinguished only by the degree of their required mental states. Thus, it is impossible to commit the greater crime without concurrently, by the same conduct, committing the lesser crimes. Criminally negligent homicide and reckless manslaughter are, therefore, lesser included offenses of intentional murder.

Published on: February 9, 2012

Queens man extradited from California back to Long Island on Murder Charges

by Stephen Bilkis

A 27 year old man was extradited to Long Island from California to face murder charges on a 2009 fatal shooting that took place in a local nightclub. He is facing a charge of 2nd degree murder on the shooting of a victim Valley Stream. The victim was pronounced dead at a local hospital in Manhasset. A New York Criminal Lawyer has been called to defend the suspect. No date has been set for a trial but because of the serious charges, one will be set soon.

The laws that govern homicide in New York are governed by Section 125.00 of the New York Criminal Proceedure Law. There are many different factors that come into play when a charge of murder is involved. Courts will look at the intent of the party. What is planned, or an act of recklessness? Determining the defendant’s intent will be very important to assess their guilt or innocence, and what particular charge of murder they may receive.

If you or someone you know is facing criminal charges you may need the assistance experienced legal counsel. Depending on your charges, you could be facing prison time, community service, monetary fines and probation. Speak to Stephen Bilkis and Associates for advice and guidance.We will provide you with sound legal advice and a free consultation. We have offices located throughout the New York area for your convenience, including locations in Manhattan, Staten Island, Queens, the Bronx and Brooklyn. On Long Island, we have locations in Nassau County and Suffolk County on Long Island, as well as Westchester County.

Published on: January 29, 2012

Police Arrest Stepmother for Murder

by Stephen Bilkis

Even though the body of a 10-year old disabled girl has been found, authorities have not had any luck finding the girl’s severed head. The girl’s stepmother has been charged with killing the girl and dismembering her body, reports a New York Criminal Lawyer. Law enforcement officials were able to locate the girl’s body with assistance from the stepmother, who has been charged with the murder.

The stepmother, who has also been accused of abusing the girl prior to her death, appears to show little remorse for her actions. The girl, born in Australia, developed bone cancer when she was young and lost one of her legs and much of her hearing. She lived with her father and stepmother in the United States. Her biological mother still lives in Australia. Neighbors, friends and others report having seen bruises on the girl and also witnessed verbal and emotional abuse. The stepmother was apparently married to another man when she married the girl’s father. The man lived across the street from the girl and her family and pretended to be the stepmother’s brother.

Even though she was reported missing on October 9th of last year, law enforcement officials believe the girl went missing earlier than that. At the end of October, law enforcement found the girl’s prosthetic leg and were able to identify it as hers using the manufacturer’s serial number. Skeletal remains were found on November 3 and in the days that followed.

Published on: January 21, 2012

Animal Abuse Case May Have Prevented a Serial Killer

by Stephen Bilkis

County Sheriff’s deputies have a 19-year old man in custody, and sources have told a New York Criminal Lawyer that the arrest may have prevented further development of a serial killer. The 19-year old was arrested following a report by his girlfriend’s mother who had reportedly received a call from her daughter who said that she was being held hostage by the young man. During the course of this call, the woman’s daughter reportedly told her that her boyfriend was holding her hostage, mutilating and killing dogs, and had threatened to murder her and any police who may come to arrest him.

The accused has an alleged history of torturing and killing animals, and during the course of their investigation, police discovered carcasses of at least 29 dead dogs that either had been buried in the backyard or had been tossed into the woods near the dwelling. Sources also informed the Manhattan Criminal Attorney that he had forced his girlfriend to participate in the mutilation and killing of 29 dogs or puppies. Police also discovered a rifle and a shotgun as they searched his home.

Experts who have examined this case explained to the Suffolk County Criminal Lawyer that the suspect has at least one of the characteristics of a serial killer, and from all indications, his violence was escalating. Police have stated to that they have no doubt that he would have eventually killed his girlfriend.

Published on: January 15, 2012

Man killed Girlfriend, Unborn Son

by Stephen Bilkis

A 30-year-old PA veterinarian was arrested Tuesday in connection with last week’s alleged murder of a 27-year-old co-worker and their unborn son. The police reported that the suspect has been charged with one count of criminal homicide and one count of criminal homicide of an unborn child. The suspect was arraigned Tuesday morning and was denied bail.

The woman was last seen alive last week outside her apartment, according to a previous police report. PA State police found her body on Friday morning, after more than a day of searching. According to court documents received by a NY City Criminal Lawyer, the victim had been shot three times, twice in the head and once in the back.

Those court documents also revealed that after the woman was initially reported missing, police received a call concerning a suspicious vehicle left in an area parking lot. After arriving on scene, the authorities determined that the car belonged to the missing woman. More concerning still, court documents confirmed that the car’s windshield was broken and investigators found a large amount of blood, human tissue, and gun-shell casings inside the vehicle.

Published on: January 9, 2012

Former Libyan Justice Minister Says Colonel Gaddafi Personally Ordered Lockerbie, Scotland Bombing

by Stephen Bilkis

Mustafa Mohamed Abdel-Jalil, a former Libyan justice minister, claims that Libyan leader Colonel Muammar Gaddafi ordered the bombing of PanAm Flight 103 over Lockerbie, Scotland on December 22, 1988. Many of the passengers on the plane were American citizens. Eleven Scottish citizens on the ground were also killed. In an interview with Kassem Hamade of The Expressan newspaper, Abdel-Jalil says that Colonel Gaddafi tried very hard to get convicted bomber Abdelbaset Ali al-Megrahi out of Scotland. Al-Megrahi was granted “compassionate release” from a Scottish prison in 2009 because he has prostate cancer. Scottish officials released him because they were told he would die within months. Al-Megrahi is still alive and living in Libya.

Even though Gaddafi has compensated the families of victims over the years financially and admits that Libya was responsible for the bombing, he has never taken responsibility for personally ordering the attack.

Though Abdel-Jalil claims to have evidence that Colonel Gaddafi ordered the bombing, he has not presented any evidence to newspapers or government officials. Abdel-Jalil recently stepped down as justice minister to protest Colonel Gaddafi’s handling of uprisings throughout Libya. It has been estimated that over 1,000 people have died since government protests began.

Published on: January 6, 2012

Police Uncover Child’s Remains on Long Island

by Stephen Bilkis

A serial killer’s graveyard was thought only to contain the bodies of women, sources told a New York Criminal Lawyer. Police were therefore shocked to find the body of an infant or a child buried there.

“One doesn’t match the others. It’s a young person, possibly as young as an infant, or a child,” one witness reported. The same source also suggested the victim may be due to another killer entirely.

There have been seven other murder victims found on that stretch of Long Island beach. Four of these people were found close to each other in December 2010 and were all confirmed to be prostitutes on Craigslist who disappeared after meeting a john. The other four, which includes the body of the child, were discovered just a few miles away. The second set of four were all within half a mile of each other. Sources explained that while the first set of four have been identified, the second set remains unknown.

Published on: December 30, 2011

Who Can Sue

by Stephen Bilkis

Was a criminal attorney really necessary? A study reviews one case brought before the Supreme Court justices because a jilted wife was charged under a federal law for trying to poison her husband’s girlfriend.

The federal law in question was first written in order to implement a chemical weapons treaty. The treaty was designed against chemicals which were deadly and used during times of war. Unfortunately the federal law was written in very broad terms thus used against this scorned lover who is facing a severe penalty for trying to poison her husband’s lover, formerly her best friend.

The twist comes in the fact that the woman’s guilt or innocence is not in question. She admits to trying to poison the woman pregnant with her husband’s baby. She is questioning her sentencing under this federal law, stated a source. This questioning of a federal law has raised eyebrows on the political front. The question has arisen of whether or not someone, a regular citizen, has a right to sue over a law that was written for a different purpose. Who truly has the right to challenge the government? Her lawyer is former Bush administration solicitor Paul D. Clement and he is quoted as saying his client should not be deprived the right to challenge the government. His exact words are that she should have the ability “to challenge the constitutionality of the federal statute under which her liberty is being deprived…” and this “should not be open to question”. Even the federal government agrees that she should have the right to challenge the federal law even though they also feel she would not win the challenge.

Published on: December 28, 2011

An ice pick murder case involves a woman

by Stephen Bilkis

A plea of guilt was given Wednesday from a Montgomery County woman in an ice pick murder case. This case included a false promise of sex, an argument over child custody and the fact the a new husband was willing to kill using an ice pick, reported a police source.

This woman may get life in prison for this murder. She lured a man to her house and as she hugged him in her front yard, the new husband came out from behind a tree and killed him. The victim was stabbed 13 times and quickly died after being stabbed in the heart and lungs, according to a report.

The idea of using an ice pick came from a friend that claims to have killed many people using one and it’s considered a clean kill without a lot of external bleeding. A very brutal and violent way to die. This killer even stabbed the victim in the back as he tried to get away, explained a policeman.