Brooklyn Man Convicted in Slaying of Cuomo Aide in 2015

NEW YORK — Over the past three months, prosecutors in Brooklyn painstakingly laid out their case for murder against four men accused of trading gunfire in a street battle that left a Cuomo administration lawyer dead in 2015.

But jurors on Thursday settled on a second-degree manslaughter conviction against one of the defendants, Kenny Bazile, 33, who had argued he acted in self-defense in state Supreme Court.

The verdict was one of two expected in the fatal shooting of the lawyer, Carey W. Gabay, on Sept. 7, 2015, during the annual predawn street festival of J’ouvert.

Gabay, who was the first deputy general counsel at a state economic development agency, was shot in the head as he sought cover from the crossfire in a parking lot of the Ebbets Field Apartments in Crown Heights. He died several days later.

Gov. Andrew M. Cuomo said in a statement after the verdict that Gabay “was an inspiring public servant whose life was cut short by senseless gun violence.” Of Gabay’s family, Cuomo said, “I hope this guilty verdict gives them some comfort that justice has been served.”

Bazile, of Canarsie, maintained at trial that he began firing after others started shooting at him. Prosecutors said the shootout stemmed from a yearslong war between the Folk Nation gang and the 8-Trey faction of the Crips.

The district attorney, Eric Gonzalez, commended the prosecutors for their work and thanked the jury for sending the message that gang violence will not be tolerated. But he addressed Gabay’s family in words that seemed to acknowledge the verdict had fallen short.

“Our hearts go out to you,” he said. “I know today’s verdict was difficult. But he was held responsible and we’re going to make sure that the next set of defendants are also held accountable.”

As the foreperson read the verdict in Justice Vincent Del Giudice’s courtroom, Bazile remained composed. He was found guilty of involuntary manslaughter as well as criminal possession of a weapon. He faces up to 15 years in prison on the top charge at his sentencing Sept. 12, his defense lawyer, Sam Karliner said.

Karliner said the jury made the right decision not to convict his client of murder, but he plans to appeal the verdict.

“I don’t want to say I disagree with it, but I think reckless endangerment would’ve been a better verdict,” he said. Although Bazile is relieved that he does not face life in prison, his lawyer said, he “is sorry about what happened.”

The families of Bazile and Gabay left the courthouse in downtown Brooklyn without speaking to reporters.

The shooting was one of several crimes during that night’s festival that left two people dead and prompted renewed calls to change or cancel J’ouvert, a Caribbean cultural celebration that had been marred by deadly violence for years. The police said the event, which was moved to the daytime last year, attracted gangs who sought revenge against their rivals under the cover of night and thick crowds.

Bazile, who prosecutors said is a member of Folk Nation, was arrested in Southern California a year after the shooting. He served three years in state prison for possession of a weapon before being discharged from parole in early 2015.

A second jury is still deliberating charges against three of his co-defendants: Micah Alleyne, 26, and Stanley Elianor, 27, who prosecutors said are members of Folk Nation, and Keith Luncheon, 26, who was said to be an 8-Trey Crips member. A fifth man, Tyshawn Crawford, 23, an affiliate of Folk Nation, testified against the others at trial in exchange for a 14-year sentence.

In a trial that lasted nearly three months, the prosecutors, Emily Dean and Olatokunbo Olaniyan, sought to convince the jury that the defendants had acted recklessly and without regard for human life. They showed video of revelers scrambling for safety as the gunfire rang out, as well as footage of Bazile and Luncheon carrying firearms.

At least 23 rounds were fired from seven guns during the fight, and a machine gun that had not been fired was recovered from the scene with Elianor’s DNA on it, the prosecutors said. Crawford’s testimony was crucial to placing the defendants at the scene.

The shooting was one of a handful of violent incidents that night that left Gabay and another man, Denentro Josiah, 24, dead. Despite changes the following year that included more police officers and lights, two more people — Tyreke Borel, 17, and Tiarah Poyau, 22 — were shot and killed during the celebration.

The festival saw a steep drop in attendance last year after officials moved the start time of the official procession to 6 a.m. from 4 a.m. and adopted security measures similar to those used on New Year’s Eve. There were no killings connected to the event, although participants said that the measures had sapped the energy out of the celebration. Organizers and city officials have not yet announced plans for this year’s event, which signals the start of carnival and precedes the West Indian American Day Parade.

Before he was shot, Gabay had been walking with his brother, Aaron McNaughton, who testified that they were moving away from a spot where someone had been stabbed around 3 a.m. The gunfire broke out as their group passed in front of 1680 Bedford Ave., an Ebbets Field Apartments building where the Folk Nation had long controlled the patio, according to prosecutors.

His death drew widespread attention that was fueled by his compelling personal narrative. Cuomo gave his eulogy and vowed to take on a greater role in national efforts to advance gun control.

The son of Jamaican immigrants, Gabay grew up in the Boston Secor housing projects in the Bronx. He enrolled at Harvard University, where he was the first black president of its undergraduate council, then Harvard Law School. After a short career as a corporate lawyer, he turned to public service and rose to become the first deputy general counsel at the Empire State Development Corp.

A stretch of Clinton Avenue in Brooklyn was named for him in 2016. His widow, Trenelle, who attended the trial with his siblings, opened a foundation named after him.