Friday, November 2, 2018

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Appellate court upholds murder conviction of former DEP employee

KINGSTON – The murder conviction of a former New York City Department of Environmental Protection employee has been affirmed by the Appellate Division of State Supreme Court.

David Reese confronted co-worker Aaron Thomas, 33, shortly after Reese came to work in Kingston on February 3, 2014, struck the victim in the head with the gun and then fatally shot him in the head.

Right after, Reese handed his gun over to a DEP police officer and calmly announced he had shot Thomas, who was a husband and father of two young children.

At trial, Reese maintained he suffered from extreme emotional disturbance and contended he was not guilty by reason of mental disease or defect.

The jury rejected both arguments. He was sentenced by County Court Judge Donald Williams to 25 years to life in state prison.

On appeal, Reese claimed the jury’s verdict was not supported by legally sufficient evidence and was against the weight of the credible evidence. He also maintained the sentence was unduly harsh and excessive and said the court committed reversible error by failing to provide a justification charge, despite the fact that no request was ever made for such charge.

The appeals court rejected all arguments.

 


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