A jury found two brothers, Daquann Johnson and Deiandre Phillips, guilty of attempted murder for a 2023 shooting. The trial concluded without questioning of the victim by the defense over a disputed identification of the defendants.
A loud bang
The shooting occurred on January 20, 2023; stemming from a verbal altercation escalating into violence. Brothers Johnson, 33, and Phillips, 32, did not know the unnamed victim. Phillips claimed the victim confronted him on St. Joseph’s Avenue. After the victim demanded Phillips leave the premises, they left and returned a few minutes later with the same demand. The two then began fighting as Phillips’ brother, Johnson, arrived in his car. Phillips reported hearing a loud bang and then left in the car with his brother.
The next day, Yonkers police discovered the car using video evidence obtained from a nearby camera. The brothers were then arrested as they matched a description given by the victim who sustained a gunshot to the back.
While the brothers admitted to being at the scene, they denied having a gun at all. Instead, the defendants proposed alternate theories like a woman holding a bag may have had the gun. However, authorities observed no woman on the video evidence.
Witness testimony questioned
During the three-week-long trial, defense attorney Richard Ferrante contested the validity of the victim’s original testimony. While the victim initially identified the brothers, including in their grand jury testimony, they later recanted that claim.
Prosecutors posited that the recantation resulted from intimidation by the defendants. Therefore, their fear precluded them from being called as a witness at trial.
Westchester Court Judge George E. Fufidio, Jr. agreed with the prosecution regarding the cause of the recantation. However, he did allow for the defense to attempt to locate and subpoena the victim. Nonetheless, the victim was not located and the defense did not have the opportunity to question their account.
Therefore, the jury’s verdict came despite the absence of a potentially crucial witness, the victim themselves. Instead, they relied on the testimony previously provided to the grand jury.
The trial jury convicted both brothers of second-degree attempted murder. They also found both guilty of weapon and assault charges. These convictions carry a potential sentence of up to 25 years in prison.
Ferrante indicated that the lack of testimony at trial would be a key point in their appeal. April Lowery, the defendants’ mother, also criticized the verdict under these circumstances. She asserted that her sons were entitled to present exculpatory evidence; i.e. the victim’s recantation.
Both brothers are currently detained at the Westchester County jail pending their sentencing on May 9.
