Gothamist: Lillo Brancato Found Not Guilty in Cop Killing

fenris35

Wed, 24 Dec 2008 10:29:54 -0500

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.

megs

Tue, 23 Dec 2008 13:06:24 -0500

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.

jaycjay

Tue, 23 Dec 2008 11:25:45 -0500

"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.

JP Lynch

Tue, 23 Dec 2008 10:18:31 -0500

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.

whitecastlerock

Tue, 23 Dec 2008 10:08:58 -0500

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...

Jen Chung

Tue, 23 Dec 2008 09:43:53 -0500

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

JenChungsBra

Tue, 23 Dec 2008 09:39:17 -0500

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.

phatbenetar

Tue, 23 Dec 2008 09:34:05 -0500

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

jaycjay

Tue, 23 Dec 2008 03:49:06 -0500

"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.

JacqueMehoff

Tue, 23 Dec 2008 01:00:59 -0500

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.

hanuman

Tue, 23 Dec 2008 00:43:08 -0500

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

AnnaZed

Tue, 23 Dec 2008 00:17:35 -0500

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.

NannyState

Tue, 23 Dec 2008 00:07:09 -0500

Oh great, more fucking movies.

7train

Mon, 22 Dec 2008 23:12:53 -0500

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.

NYRefugee

Mon, 22 Dec 2008 21:44:42 -0500

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!!!

fenris35

Mon, 22 Dec 2008 20:24:51 -0500

The Bronx DA's office is a joke. And jaycjay, learn what felony murder means.

Mr Mel

Mon, 22 Dec 2008 18:46:31 -0500

They got to someone on the jury.

MFer

Mon, 22 Dec 2008 18:39:17 -0500

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

jaycjay

Mon, 22 Dec 2008 18:35:10 -0500

"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.

matty

Mon, 22 Dec 2008 18:14:50 -0500

unbelievable.

Future Taliban

Mon, 22 Dec 2008 18:09:32 -0500

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.

Rocknrope

Mon, 22 Dec 2008 18:06:54 -0500

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