A gunman within the mindless taking pictures dying of a Brooklyn mother was sentenced to 20 years to life for his conviction final month — after an an identical verdict and sentence was tossed out in 2015.
Darius Dubarry stood trial for the Dec. 15, 2007, slaying of nurse Carol Simon, 35, who was caught within the crossfire of a gang shootout outdoors her household’s Japanese Parkway dwelling.
Simon’s 9-year-old son was ready in her automobile for a journey to his swimming class when Simon received out to retrieve one thing from the household dwelling — and was instantly struck down.
“This defendant senselessly took the lifetime of an harmless bystander when he engaged in a day gunfight, leaving a younger boy with out his mom and devastating her household,” stated District Lawyer Eric Gonzalez.
Dubarry was first discovered responsible — and in addition sentenced to 20 years to life — in 2009.
However the Court docket of Appeals ordered a brand new trial, ruling Dubarry was wrongly convicted of each intentional homicide and “wicked indifference homicide” within the nurse’s dying, arguing the 2 expenses had been “mutually unique.”
Dubarry, a member of the non secular group of Black Israelites, claimed the shootout with Crips gang member Herburtho Benjamin was in self-defense.
Benjamin was convicted of second-degree manslaughter after the 2009 trial.