Law Office of Luke Scardigno - Queens Criminal Defense Attorney

Posts tagged "Murder"

HOFSTRA STUDENT ANDREA REBELLO ACCIDENTALLY SHOT AND KILLED BY A NASSAU COUNTY POLICE OFFICER: BLOG BY SCARDIGNOLAW

Andrea Rebello, a 21 year old Hofstra student was accidentally shot and killed by a Nassau County police officer. The unfortunate incident unraveled when the suspect, Dalton Smith, who was shot and killed by the officer, invaded the home of Andrea Rebello, and her twin sister Jessica Rebello. They both shared the off campus house with 2 other students. The ski- masked intruder, Dalton Smith, had Andrea Rebello in a headlock when the Nassau County Police arrived. Smith took aim at the police officer involved in the shooting, and the officer, faced with a split second decision, fired 8 times. 7 bullets hit and killed the suspect. Unfortunately 1 fatal shot hit the victim, Andrea Rebello.The masked intruder had allowed Andrea's twin sister, Jessica, to leave the house to withdraw money for the intruder, Dalton Smith. She was warned that if she called the police or did not return within minutes he would shoot and kill the remaining occupants of the house he was holding hostage. Jessica called 911, and the Nassau County police immediately responded to the house. That is when the unfortunate incident unfolded.Had the masked gunman not been killed in the incident, he would be facing a variety of criminal charges, such as, Murder, Attempted Murder, Kidnapping, Burglary, Trespass, Criminal Possession of a Weapon, Menacing, and possibly other charges, such as Assault. Andrea Rebello's funeral is scheduled for Wednesday, May 21, 2013, in Sleepy Hollow, NY, near her hometown of Tarrytown in Westchester County. We extend our deepest sympathies to the family and friends of Andrea Rebello. The circumstances of the shooting remain under investigation.I am CRIMINAL ATTORNEY Luke Scardigno in QUEENS and can be contacted at718 261-5151, or at [email protected].

Jury finds Jodi Arias Guilty of First Degree Murder on Wednesday May 8, 2013

As a Queens Criminal Lawyer, I found this trial particularly interesting. There were several themes interwoven throughout the trial:  Domestic Violence, Self Defense, also known as Justification in New York State, Pre-Meditated Murder, and Felony Murder.
This was never a case of 'who dunnit?' Jodi Arias did not deny murdering  her x- boyfriend, Travis Alexander. What she claimed was that she was a victim of domestic violence, and she murdered him in self defense. It is said that the Arias case has been the most watched murder trial this year, as 17 weeks focused around the soft-spoken defendant who spoke of kinky sex and horrific violence. Arias shot him in the face, stabbed him more than 20 times, and slit his throat from ear to ear. But at trial she claimed it was all in self-defense. It was either him or her.
Testifying in her own defense, Arias told the jury Alexander had been abusive and demeaning. On the day of his killing, she said it all started off with sex play--each photographing the other--but ended in violence when she dropped his camera--and, she claimed, he attacked her.
"He lunged at me and we fell.... And I got up and he's just screaming angry and after I broke away from him he said [I'll] 'f---- kill you, bitch,'" she said on the stand.
With tears in her eyes, she then told the jury she did not remember stabbing Alexander.
The prosecution built its case, by showing step-by-step, what Arias did prior to the murder which indicated that she intended and premeditated Alexander's murder. Led by Juan Martinez, the prosecution argued that Alexander's murder was premeditated. The prosecution argued on June 4, 2008, Arias drove from Yreka, Calif., to Mesa, Ariz., where she showed up at Alexander's home.  She'd rented a car, dyed her hair, turned off her cell phone--apparently to make her harder to identify, her movements harder to track. Her mission, according to Martinez was murder.
The Jury believed the prosecution's case beyond a reasonable doubt, and announced guilty  to both of the prosecutor's theory of Murder in the First Degree, i.e., to the Felony theory of Murder, as well as to the theory that the murder was premeditated.
There will be no rest for either the criminal defense attorney or the prosecutor, or even the judge or the jury. Though the verdict was announced today, tomorrow the court will proceed forward with the penalty phase of the trial.  It will be determined whether Arias will face life in prison, or face the death penalty. Arias has made clear today in an interview, that she would rather face death than life in prison. Due to that statement, the sheriffs department has placed Arias on suicide watch.
I am a QUEENS DOMESTIC VIOLENCE LAWYER,  who handles QUEENS DOMESTIC VIOLENCE CASES.  You can contact me, Luke  Scardigno, a QUEENS CRIMINAL DEFENSE LAWYER at 718 261-5151, or by email at [email protected] for a free and informative consultation on the Criminal Laws of New York.

A View of the Boston Marathon Bombing of Monday, April 15, 2013, from a Queens Criminal Lawyer: The Hunt is Over

This unfortunate and tragic incident triggered a multi-police investigation, and a manhunt of grand proportion in modern day history. As I write this blog the police in Watertown, Massachusetts, have moved in on a suspect hiding on a boat and have stated there is a "suspect in custody". An ambulance is on the scene, this time for the suspect. This is the 19 year old suspect law enforcement have been tracking for over 20 hours since Thursday night, April 18, 2013, after shooting and killing his older brother, Tamerlan Tsarnaev. The brothers were reported throwing explosives devices at police during the brothers' getaway attempt, which also involved over 200 rounds of ammunition. It seems that there is a confirmation that the person is in fact the 19 year old bombing suspect, Dzhokhar A. Tsarnaev.

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