LoTurco and Team Win Complete Dismissal of Criminal Indictment

John LoTurco, head of our Suffolk County criminal practice group, obtained a complete dismissal of a criminal Indictment on June 5, 2024 at the Suffolk County County Court on behalf of our client, Corey S. The dismissed indictment charges included the Class B Violent Felony of Assault in the 1st Degree, and two counts of the Class C Violent Felony of Criminal Possession of a Weapon in the 2nd Degree. This was a de novo indictment whereby the Suffolk County Police Department and the Suffolk District Attorney (DA) investigated a shooting at an Islip biker bar where it was alleged that our client shot a rival biker gang member and fled the scene on foot. After a supposed thorough and comprehensive investigation, our client was indicted on the shooting, primarily based upon two eyewitnesses who selected our client via a photo array identification, including the bartender who stated she would never forget our client’s “steely blue eyes”. There was no video surveillance and no forensic evidence linking our client to the scene. The incident occurred on January 15, 2023 and Corey was arrested by the U.S. Marshals Office on a fugitive warrant at his North Carolina (N.C.) home on November 13, 2023.

After Corey retained our law firm, it quickly became evident that he had a strong quasi-alibi defense. In specific, the subject incident happened on a Saturday night/ Sunday morning at approximately 1 a.m. and we quickly gathered evidence from our client’s N.C. employer that he clocked out of work on Friday, January 13 at 3:30 p.m. in Charlotte, N.C. Moreover, LoTurco and his team gathered affidavits from his supervisor and coworkers that he was not only at work that day, but he also clocked in the following Monday at 7a.m. Equally as important, LoTurco’s team gathered Corey’s medical records which established that he was recovering from a fractured ankle at that time and was in a medical boot and scooter at the time of the subject incident. In contrast to the perpetrator who ran away from the scene, without any medical boot identified, or any medical scooter. LoTurco also provided affidavits of Corey’s family to support the fact that he was in N.C. at the time of the incident. LoTurco further provided all banking information, credit card information, EZ-Pass records, which all established that Corey did not travel outside of N.C. during the subject time period.

The presiding judge agreed to release Corey in his own recognizance at the time of the arraignment based upon LoTurco’s written argument supporting Corey’s innocence, and eventually agreed to dismiss the entire Indictment based upon LoTurco’s investigation with the DA’s consent.