Prosecutors said Carey Gabay, 43, was shot in the head in a crossfire while walking home after gunfire erupted between two rival gangs outside the Ebbets Field Houses in Crown Heights, Brooklyn during the Caribbean j’ouvert celebration on Labor Day 2015.
While jurors in Brooklyn Supreme Court late last month acquitted the two men of the murder rap, they found one, Micah Alleyne, 26, guilty of manslaughter. Alleyne, of Jamaica, Queens, was also found guilty of criminal possession of a weapon.
Stanley Elianor, 27, of Brooklyn, was convicted of reckless endangerment.
After the jury forewoman read the verdicts, Gabay’s brother Aaron McNaughton blurted out: “This is ridiculous! Where’s the justice? It was murder. Where’s the justice? My brother was murdered.”
He then then turned to the jurors: “You should be ashamed of yourselves, all of you.”
Elianor’s attorney Douglas Appel told reporters outside the courthouse that his client was “very happy with the jury’s verdict.
“Obviously, if he got convicted of murder, he could’ve spent the rest of his life in prison,” Appel said. “Now he’ll have a much shorter sentence. I think, in the end, justice prevailed.”
Elianor had earlier turned to jurors, after the verdict was read, saying: “Thank you, thank you, thank you.”
Both men will be sentenced on Sept. 12.
Also last month, a Brooklyn Supreme Court jury acquitted another defendant, Keith Luncheon, of Brooklyn, of all charges – murder, manslaughter, weapons possession and reckless endangerment – in Gabay’s death.
But, during the same week, the jury convicted another Brooklyn defendant, Kenny Bazile, 33, of second-degree manslaughter and criminal possession of a weapon. He was cleared of the murder charge. Bazile was the sixth man charged with the Gabay’s murder.
In June 2016, Tyshawn Crawford, 22, of East New York, Brooklyn was indicted for murder and related charges for his alleged role in the shooting.
Gabay, the first deputy general counsel at a state economic development agency, “was an inspiring public servant whose life was cut short by senseless gun violence,” said Cuomo in a statement.
Brooklyn District Attorney Eric Gonzalez, who traces his roots to Puerto Rico, said the incident took place during the early hours of Sept. 7, 2015 in front of 1680 Bedford Avenue. At the time of the shooting, Gonzalez said the patio and street in front of the building were filled with hundreds of people, many of whom were celebrating j’ouvert, a traditional predawn festival that precedes the annual West Indian American Day Parade.
Gonzalez said the building’s large patio was known to be controlled by the Folk Nation street gang, “which has been engaged in a years-long war with the 8-Trey faction of the Crips gang,” among others.
At about 3:40 a.m., he said a group of 8-Trey members walked up from Montgomery Street, apparently heading toward the j’ouvert procession on Empire Boulevard, about two blocks to the south.
“Their presence in ‘enemy territory’ sparked a gun battle between Folk Nation members and their affiliates, who were shooting from the street and the patio, and the 8-Trey members who fired from the street before fleeing north,” Gonzalez said. “An estimated two to three dozen shots were fired in two consecutive volleys from at least eight firearms, according to the investigation.”
Gonzalez said Gabay was walking north on Bedford Avenue with his brother and a couple of friends after attending the j’ouvert procession.
“A bullet struck Mr. Gabay in the head, and he was taken to Kings County Hospital Center (in Brooklyn), where he died a week later on Sept. 15, 2015,” Gonzalez said.