Kenny Guido
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Club owner pleads guilty to fatal shooting
BY ALFONSO A. CASTILLO
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May 4, 2007, 9:28 PM EDT
A Hauppauge nightclub owner who said he was just trying to disperse a rowdy crowd pleaded guilty Friday to manslaughter for shooting a man to death.
The plea by Ismael Diaz Jr., of East Quogue, came after a jury for his trial on murder charges was already selected and opening statements were about to begin.
Diaz, 32, admitted shooting Alexander Moore, 22, of Deer Park, in the face during the melee that broke out in the early morning hours of July 1, 2006, outside Club Intrigue on Adams Avenue.
Suffolk Assistant District Attorney James Chalifoux said that Moore was acting as a "peacemaker" in the ruckus outside the club and was leaving when Diaz confronted him.
In exchange for his guilty plea, Acting State Supreme Court Justice Michael Mullen agreed to sentence Diaz to 12 years in prison. He faced a maximum of 25 years to life if convicted of second-degree murder.
Chalifoux said the plea agreement was "based on the totality of the circumstances and our evaluation of the circumstances."
Those circumstances included allegations that Moore was a ranking member of the Bloods street gang and had a lengthy criminal record that included an arrest on charges that he shot a rival gang member dead in Deer Park in 2005. A grand jury did not indict Moore on homicide charges, believing the killing was justified.
Similarly, Diaz's attorneys, Anthony La Pinta of Hauppauge, and Robert Macedonio of Central Islip, said they were prepared to argue at trial that Diaz's actions were justified, because a witness said Moore also had a gun. "Mr. Diaz felt his life was in jeopardy," La Pinta said.
Chalifoux noted that as part of Diaz's plea, he stated that his actions were not justified. Chalifoux added that no gun was found on Moore.
BY ALFONSO A. CASTILLO
[email protected]
May 4, 2007, 9:28 PM EDT
A Hauppauge nightclub owner who said he was just trying to disperse a rowdy crowd pleaded guilty Friday to manslaughter for shooting a man to death.
The plea by Ismael Diaz Jr., of East Quogue, came after a jury for his trial on murder charges was already selected and opening statements were about to begin.
Diaz, 32, admitted shooting Alexander Moore, 22, of Deer Park, in the face during the melee that broke out in the early morning hours of July 1, 2006, outside Club Intrigue on Adams Avenue.
Suffolk Assistant District Attorney James Chalifoux said that Moore was acting as a "peacemaker" in the ruckus outside the club and was leaving when Diaz confronted him.
In exchange for his guilty plea, Acting State Supreme Court Justice Michael Mullen agreed to sentence Diaz to 12 years in prison. He faced a maximum of 25 years to life if convicted of second-degree murder.
Chalifoux said the plea agreement was "based on the totality of the circumstances and our evaluation of the circumstances."
Those circumstances included allegations that Moore was a ranking member of the Bloods street gang and had a lengthy criminal record that included an arrest on charges that he shot a rival gang member dead in Deer Park in 2005. A grand jury did not indict Moore on homicide charges, believing the killing was justified.
Similarly, Diaz's attorneys, Anthony La Pinta of Hauppauge, and Robert Macedonio of Central Islip, said they were prepared to argue at trial that Diaz's actions were justified, because a witness said Moore also had a gun. "Mr. Diaz felt his life was in jeopardy," La Pinta said.
Chalifoux noted that as part of Diaz's plea, he stated that his actions were not justified. Chalifoux added that no gun was found on Moore.