Sept. 4 Correction:
Acting state Supreme Court Judge Catherine Bartlett didn’t find Victor Dempsey not guilty of criminal charges, but her ruling provided the same result of dismissing the charges.
Bartlett issued a trial order of dismissal involving the case against Dempsey, charged with first-degree gang assault and other charges. Her decision came weeks after the non-jury trial ended when the defense attorney asked that the case be dismissed for failing to sufficiently prove the charges.
Bartlett dismissed the indictment counts without a verdict on Wednesday because she viewed the evidence was insufficient to support the charges.
Acting state Supreme Court Justice Catherine Bartlett today announced she found Victor Dempsey not guilty of first-degree gang assault charge resulting from a fight between two street gangs at a Spring Valley apartment building in December.
Six other men had pleaded guilty to the charge and received state prison sentences from Bartlett, who heard testimony and saw evidence, including surveillance tapes, in a non-jury trial by Dempsey.
After several weeks of delays, Bartlett announced her verdict but did not issue a written decision outlining her reasoning, other than to say the prosecution failed to prove its case. Bartlett had allowed statements and other evidence against Dempsey following pre-trial hearing.
Her decision is final and non-appealable. Defense lawyer David Narain didn’t return telephone messages seeking comment.
District Attorney Thomas Zugibe said he was working on a statement. Prosecutor Stephen Moore was on vacation and didn’t attend the verdict announcement.
Victor Dempsey today got A 24-hour reprieve from learning if Judge Catherine Bartlett found him guilty of first-degree gang assault stemming from an attack on rival street gang members in December at a Spring Valley apartment building.
Bartlett, an acting state Supreme Court judge, had set today for her verdict announcement, after putting it off for Aug. 18 and on an earlier date after the non-jury trial.
Tomorrow is now the day, according to a hand-written note next to Dempsey’s case on Bartlett’s calendar, which is thumb-taxed to a board outside her courtroom at the Rockland Courthouse in New City. Prosecutor Stephen Moore came in from vacation on Aug. 18 and has been willing to make himself available for the judge’s announcement.
Dempsey stood trial before Bartlett on accusations of taking part in a brawl among Spring Valley Bloods and Crips during which a rival Crip suffered 150 stitches across his face and other injuries. The prosecution evidence included Dempsey’s statements to police and surveillance tape showing him carrying a gun inside the apartment building at 150 Liberty Parkway in Spring Valley.
While six of his friends pleaded guilty to first-degree gang assault and received state prison sentence, Dempsey opted for a non-jury trial. He faces more than a dozen years in prison if convicted.
All the suspects were caught on surveillance video entering the apartment building, some armed with a machete, knives, a gun, a metal pipe, BB gun, and brass knuckles.
Acting state Supreme Court Justice Catherine Bartlett today delayed releasing her verdict on a felony gang assault charge against Victor Dempsey, who is accused taking part in a brawl during which a rival gang member suffered 150 stitches across his face and other injuries.
Bartlett rescheduled her verdict announcement for Sept. 1 during her calendar session in the Rockland County Courthouse in New City. Prosecutor Stephen Moore came to work on a vacation day before learning around noon that the judge had adjourned a decision.
Bartlett originally scheduled a verdict for Tuesday, after hearing testimony over several days. The prosecution evidence included Dempsey’s statements to police and surveillance tape showing him carrying a gun inside the building.
Dempsey, 23, of Spring Valley, a reputed Bloods gangsta, is accused of joining other reputed Bloods who attacked supposed Crips members in December at the apartment complex at 150 Liberty Parkway in Spring Valley.
While six of his friends pleaded guilty to first-degree gang assault and received state prison sentence, Dempsey opted for a non-jury trial before Bartlett. He faces more than a dozen years in prison if convicted.
A dispute between a reputed Bloods gang member and Crip gangsta led to the fight in December. All the suspects were caught on surveillance video entering the apartment building, some armed with a machete, knives, a gun, a metal pipe, BB gun, and brass knuckles.