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Queens Man Convicted of Murder in Robbery That Led to Officer’s Death

slimvictor

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A Queens man who hatched the drug robbery plot that led to the shooting death of a New York City police officer was convicted on Friday of murder, the third conviction to result from the officer’s death.

The man, Nelson Morales, who prosecutors said helped plan the scheme in his apartment and took part in the botched robbery, was not accused of shooting the officer, Peter J. Figoski, but was convicted of second-degree murder because under state law, if someone is killed during the act of a felony, the person who committed the felony can be charged with murder even if he did not directly cause the death. The jury also convicted Mr. Morales of burglary.

The man who shot Officer Figoski, Lamont Pride, was convicted of murder in a previous trial and was sentenced to 45 years to life in prison. Mr. Morales’s conviction came in a second trial in State Supreme Court in Brooklyn resulting from the December 2011 shooting.

The prosecution again relied on the testimony of a member of the robbery crew, Ariel Tejada, who pleaded guilty as part of a cooperation agreement.

When the jury forewoman read the verdict on Friday, the family of Officer Figoski and several officers from his precinct house inside the courtroom erupted in applause. Across from them, Mr. Morales’s mother sobbed loudly, crying out, “No, it’s not right,” and collapsed in grief after she left the courtroom. Amid the tumult, Mr. Morales, 28, sat still and remained quiet next to his lawyer.

He is scheduled to be sentenced on June 13 and faces 25 years to life in prison.

During the trial, which lasted two weeks, prosecutors said Mr. Morales, whom they described as being a drug dealer, used his criminal ties to identify other dealers who could be targeted for robbery. His apartment in Queens was a popular gathering spot for friends and others who tapped his marijuana supply, and the group tossed around ideas of whom they could rob when they needed cash.

One night, after watching a football game, they decided to hit the apartment of a dealer in Brooklyn whose home Mr. Morales had watched closely. Five men made the trip — Mr. Pride, Mr. Tejada and Mr. Morales, who have been convicted for their roles, and Michael Velez and Kevin Santos. Mr. Velez, who was called to the gathering in Queens to provide transportation, was acquitted after arguing that he did not know he was driving the others to a robbery. Mr. Santos was tried alongside Mr. Morales, and a separate jury is considering his case. It is expected to start deliberating next week.

Prosecutors said the crew went into the basement apartment of the dealer, who lived at 25 Pine Street in East New York, and found the dealer’s money and drugs as the police were arriving. Officer Figoski, a 22-year veteran of the force, went down the steps to the basement just as Mr. Pride tried to flee. Mr. Pride shot him in the face. Mr. Morales was still in the apartment, pretending to be a victim, but the police later linked him with the other members of the crew.

cont at
http://www.nytimes.com/2013/05/25/n...of-murder-in-robbery-that-led-to-a-death.html
 
The felony murder rule is such a crock of shit.
 
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