01-22-2013, 10:35 AM
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Join Date: Jul 2008
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did you read the post?
A shockingly graphic video showing a boozed-up crowd beating a man until his skull is fractured is a key piece of evidence in a gang assault trial now in the hands of a Manhattan jury.
The three-minute tape of 37-year-old Kyam Washington being brutalized on a lower East Side street as drunken onlookers cheer is so violent that jurors in the trial were cautioned about the gore they would have to watch.
"I need to warn you that the video you're going to see in this case contains graphic disturbing footage of possibly the most prolonged and brutal assault that you have ever, or will ever, see," Assistant District Attorney Lucy Cutolo told the Manhattan Supreme Court panel on Jan. 8.
The prosecutor said the recording shows "the victim trying to flee into the middle of the street" as he's chased "by the mob of people, including those four defendants."
The suspects - Andrew McCray, Martrell Terrell, Shadia Brackman and Christopher Montanez, all friends from Yonkers who had been drinking Hennessy at Libation on Ludlow St. for a friend's birthday - are accused of carrying out the savage attack at Essex and Rivington Sts. about 4 a.m. on May 8, 2010.
Dozens of revelers watched, some cheering and some yelling in horror.
"Oh, yeah, baby!" yells one man - admiring the smackdown that left Washington with permanent hearing loss.
Moments later, female voices can be heard shrieking, "Stop! Stop!" and a good Samaritan who tries to tend to the battered victim gets clocked in the face.
Brackman, the only woman in the group, was dolled up in a one-shouldered dress, but took off her strappy pumps to get into the mix and was swinging like a champ.
"We from Yonkers, n-----!" a man yells as the video shows Montanez pummeling Washington.
The four friends were indicted on charges of first-degree gang assault and first-degree assault.
They face up to 25 years in prison on the top count. But their lawyers told the jury there's a lot the video does not reveal.
Washington began the melee, they argued, by robbing McCray, taking his fake chain.
He had his own violent crew, the lawyers contend.
The victim, an ex-con with a rap sheet that includes a rape conviction, did not testify at the trial.
Jurors were not permitted to hear about his criminal history.
The lawyers also said the head injury was inflicted by a man in a red T-shirt who was not part of the group but is clearly seen whacking the victim with a 2-by-6 piece of lumber. He was never found.
McCray's attorney John Carney said Washington slapped Brackman's butt, provoking the Yonkers crew.
"What they did was not pretty but it was legal," Carney added.
"It's unfair for a bunch of kids that may have gone a little bit too far to be facing unbelievable amounts of jail time for assaulting a guy who is a bad guy and was in the streets with bad intentions," said Brackman's attorney Norman Williams.
Jurors, who began deliberations Thursday, are expected to resume Tuesday.
- will "justice" be done either way?!?
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