Tuesday, 17 July 2018

Alleged gang members accused of killing Carey Gabay during J'Ouvert await judgment from their juries

Alleged gang members accused of killing Carey Gabay during J'Ouvert await judgment from their juries
Keith Luncheon, Kenny Bazile, Stanley Elianor and Micah Alleyne are on trial in a turf war gunbattle that killed Carey Gabay, an aide to Gov. Cuomo.

The fates of four alleged gang members accused of participating in a Brooklyn shootout that killed governor’s aide Carey Gabay during are in the hands of two juries.

Over 80 days, jurors in Brooklyn Supreme Court viewed nearly 350 pieces of evidence and listened to 50 witnesses — including four cooperators — as prosecutors tried to prove the reputed Crips gang members are responsible for the death of Gabay during the 2015 J’Ouvert celebration.

Micah Alleyne, Kenny Bazile, Stanley Elianor and Keith Luncheon are part of the 8-Trey Crips, Hoodstarz and Folk Nation gangs, prosecutors said, and face up to 25 years to life in prison if convicted in the deadly Sept. 7, 2015, turf war outside of Ebbets Field.

Prior Gabay getting shot, Alleyne is seen on video gathering with others in the basement of a Bedford Ave. building and walking out.

“This is not the first time that these defendants decided to do a load of laundry or take out the trash,” Assistant District Attorney Emily Dean said during her closing arguments that wrapped up on Monday.

The gang members engaged in “mutual combat” against rivals in retaliation for Luncheon getting shot in July 2015, prosecutors said.

"The verdict is not a referendum on gang violence ... Hundreds of people were on the street that night and not everyone is guilty of murder," said Doug Appel, Elianor’s attorney, during his closing arguments on July 11.

Dean replayed phone conversations, video surveillance and repeated trial testimony to refresh the jurors’ memories of the kind of gang life the alleged shooters participated in, one that ended with a stray bullet lodged in Gabay’s head.

Gabay, 41, was a Harvard-educated lawyer and an aide to Gov. Cuomo, celebrating the pre-dawn festivities with his family and friends when bullets began to fly.

Tyshawn Crawford, one of the Hoodstarz gang members originally indicted in this case, decided to turn in exchange for a 14-year prison stint. Attorneys for the alleged shooters argued to the jurors in their closing arguments that Crawford exaggerated the narrative in order to get the best possible plea deal for himself

Unlike the other co-defendants, Elianor was not seen shooting on any of the hundreds of hours of video detectives recovered from the crime scene, Appel said.

But a Mac-10 machine gun that wasn’t fired was found at the scene with DNA matching Elianor's DNA, prosecutors said.

Alleyne, Bazile and Luncheon are all seen on video either holding a handgun or together after the gunfire. Their jury is expected to begin deliberations on Tuesday.

Bazile claims self-defense and has had a separate jury deliberating his case since July 10.

Deliberations continue Tuesday.

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