Lillo Brancato Found Not Guilty in Cop Killing

Clearly I'm wrong? Clearly.

First of all, I'm aware that all four are necessary to be a valid affirmative defense, however, I will give it to you that I did not make that clear in what I wrote. Fortunately, though, I can read basic English.

Second, feel free to point out where it was factual that Brancato knew Armento was armed. I was unaware that drug dealing witnesses testifying that he knew Armento was armed constituted "fact." The fact that it was questioned at trial at all would seem to reveal that it was in dispute in itself.

Third, its pretty obvious that its entirely possible for a jury to return a not guilty verdict....cause it actually happened.

Mets4ever7, you're clearly wrong. You should shut your mouth if you cannot even read basic English.

First, the defendant has to prove all of those defenses. Its not choose one amongst 4. The burden is not on the prosecution. Its on the defense.

Second, it is factual that Brancato knew Armento was armed that night from their botched attempt at robbery earlier.

Given the facts of the case and the law, its impossible for the jury to have returned not guilty verdict as Brancato did not have affirmative defense.

Mayor Bloomberg had a right to be fuming mad.

So which fatty on the jury was Lillo giving the goo-goo eyes at?

swing and a miss, jaycjay.

Way to google that murder is considered a felony though.

Felony murder is when in commission of an inherantly dangerous felony (robbery, burglary, etc) and a person gets killed in furtherance of the commission or escape from that felony all participants are criminally liable for that killing. The prosecution also does not need to prove mens rea for that murder, only the original inherantly dangerous felony.

Felony murder is considered 1st degree murder in new york state. If you're gonna google it, scroll down to 125.27 subsection vii in the NYPL, dumbass.

So if he was convicted of burglary he would have also been convicted of felony murder.

The defense played the remorseful druggie card and the jury based their decision on that, not the applicable statute.

It should have been a slam-dunk case but as I said before the bronx da's office is a joke.

swing and a miss fenris35.

For someone who talks a big game on the board, you apparently didn't do enough research to know what you are talking about.

Felony murder can apply in first degree and second degree. Yes, you pointed out NYPL 125.27(vii) which allows a first degree murder charge in the course of one of the enumerated felonies, but what you neglected to point out is the end of that section that says "this subparagraph shall not apply where the defendant's criminal liability is based upon conduct of another person pursuant to section 20.00," which deals with accomplice liability. In other words, 125.27(vii) only deals with the person who actually causes the death or if the accomplice commands the killing of another.

125.25(3) for second degree murder was the actual applicable statute and what Brancato was actually charged with. 125.25(a),(b),(c), and (d) are all applicable affirmative defenses (all having to do with his knowledge of the gun and/or grounds to believe there may be violence) - which is what his counsel argued in trial. If the jury believed any of those applicable defenses, or didn't believe alternatively beyond a reasonable doubt, he should be acquitted for murder in the second degree, as he was.

So relax - and if you want to call people out, make sure you know what you are talking about first, dumbass.

JP Lynch, you hit the nail on the head. Until cops start being prosecuted and convicted for their crimes: this verdict is fine for me.

Cops need to be tested for substance abuse, and that 24 hour delay for questioning is bullshit.

They should also be paid a liveable wage and get housing allowances, so that they can live in communities they patrol.

"I think the Bronx DA's office had to try him for murder, since a cop was killed."

That was my point, Jen. It was essentially a political decision. There's nothing surprising about the verdict, and nothing to blame the jury for. It's not even "sloppy police work" as a post above says: the investigating cops no doubt gathered all the evidence available at the scene, that's why the shooter was convicted of doing the shooting and Brancato was convicted of burglary.

But the murder charge was political; there clearly wasn't the kind of evidence to support it that would be required as the law is written.

I think this was fair. Jurors have been reported as saying that they just couldn't prove that Brancato knew Armento was carrying a gun, which if proven, would have been the key to a murder conviction. A big issue jurors pointed out as to why they couldn't come back with a murder conviction? Sloppy police work.

As horrible as the end result of this crime is with Officer Enchautegui being killed, the NYPD/NYC Govt. really needs to wise up in it's grandstanding. Twice in the last week both police and politicians have blasted jurors and the system because they didn't get a conviction they wanted. Meanwhile, every single time a cop does something illegal, the entire police force closes rank behind the cowardly ideals that if one cop commits a crime the rest should cover it up.

The DA dropped the ball. The jury pool in this city are like Nightbreed. This was doomed from the beginning. I feel badly for the cop's family. I bet the DA was puffing their chest out proclaiming this asshole would go away for a long time. Justice for your fallen family member and comrade! Now, a conviction on attempted burglary...

I think the Bronx DA's office had to try him for murder, since a cop was killed.

Juries are wising up and just don't believe cops the way they once used to. I would have been happy with a plea deal that gave him time served in exchange for never acting again.

well, considering the amount of crime that some cops get away with...

"jaycjay, learn what felony murder means."

I understand the legal basis for the charge, enough so to know that under New York's Penal Law it's murder in the second degree under section 125.25, not "felony murder" -- and enough to know that the affirmative defenses specified therein made it unlikely for there to be a conviction given the circumstances of this case.

There's nothing surprising about this at all. The DA's office, grandstanding, brought a charge that they knew did not apply. Why? Because when a cop is killed it's better politically to overreach and fail to convict than it is to aim appropriately low. The DA now can blame the jury, and since most people have no idea what the law actually is they'll escape criticism from those who haven't learned what "felony murder" actually is.

wake up call for the NYPD, treat the citizens well and we'll do the same. of course, you'll still ignore this sign because we're regular citizens and every person you see is a skel, mongrel or animal.

This verdict is so disappointing. I really feel for the family.

Wow, I always thought that the whole "if you and your pal go out to attack/rob/burgle someone and your pal has a gun and someone gets killed (whoops!) you are responsible too" thing applied to white people to, especially if the one killed is a cop. That verdict is amazing.

Oh great, more fucking movies.

I'm happy for him. Hopefully this whole thing will be a good wake-up call to this young fellow and he'll get himself together again.

He didn't shoot the Officer so it's only right that he not be charged with murder. Now as far as shitty acting yeah maybe a little waterboarding is warranted!!!

The Bronx DA's office is a joke.

And jaycjay, learn what felony murder means.

They got to someone on the jury.

From what I've read of the situation and the laws that apply, sounds like a reasonable verdict.

"looks like people don't give two shits whether a cop dies in this city."

Yeah, either that or some people think that people should only be convicted of killing someone if they, you know... kill someone.

unbelievable.

Looks like we're celebrating at the Bada Bing tonite! After that we're all going on an actors-only cop-shooting spree!

What a great country!

Not.

Wow, between this case and the other cop shooting, looks like people don't give two shits whether a cop dies in this city.