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Justice served. Rot in prison Elian.

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  • Justice served. Rot in prison Elian.

    Nixon Elian receives 71 1/3 to life for shooting two cops

    Michael Zeigler • Staff writer • January 7, 2011

    Calling himself a misunderstood "lost child" who grew up in poverty after the death of his mother, Nixon Elian asked for mercy Thursday as he was ordered to prison for attempting to kill two Rochester police officers.

    Addressing Officers Daniel Brochu and Luca Martini, whom he shot with a .357-caliber Magnum revolver outside a Driving Park Avenue apartment on Dec. 1, 2009, the 22-year-old Elian apologized for inflicting serious wounds that have prevented both officers from returning to full-time duty.

    "I'm sorry for the pain and suffering I caused you," Elian said. "I didn't intend to kill you. I didn't intend to kill anybody."

    But after state Supreme Court Justice David D. Egan ordered Elian to prison for 71 1/3 years to life, Brochu and Martini said Elian's words carried little weight.

    "I didn't have the easiest life either," said Brochu, who said he grew up in a one-parent home that depended on public assistance. "I don't know if that's an excuse."

    "I feel he's blaming everybody but himself," Martini said.

    Brochu and Martini were shot while answering a 911 call from an apartment building manager who heard a woman scream inside a third-floor walkup apartment after two strangers entered the building.

    The woman, who had loaned money to Elian, said Elian and another man came to her apartment on the pretext of repaying the loan. Instead, they beat, choked and threatened her at gunpoint, ransacked her apartment looking for money, and subjected her to an attempted rape before she escaped through the apartment door when Elian told her to open it and get rid of the officers after they knocked and identified themselves as the police.

    Martini was shot in the left hand and right arm and also was hit by a bullet that was stopped by his bulletproof vest. Brochu was shot in the right leg.

    Martini is still out of work but Brochu has returned part-time. Both officers suffered shattered bones that required surgery and extensive physical rehabilitation.

    After a trial in December, jurors convicted Elian of two counts each of attempted aggravated murder and first-degree assault and single counts of first-degree burglary, attempted first-degree robbery, second-degree criminal possession of a weapon, second-degree assault and fourth-degree criminal possession of stolen property.

    A key piece of evidence in the trial was a short but dramatic video recording of the shootings made by a surveillance camera in the hallway outside the apartment.

    In the recording, the woman could be seen running out the door. Martini, who testified that he suddenly found himself face-to-face with the gunman after the woman bolted, was shot first in the left hand as he tried to swat away the gun, then again in the right arm as he ran to his right away from the gunman. Brochu ran down the hallway to his left and was shot in the left leg as he dove around a corner.

    Brochu and Martini watched the sentencing with their wives from the front row of a 103-seat courtroom that was packed to standing-room only with fellow officers from several area police departments.

    Neither officer spoke. Instead, District Attorney Michael C. Green read aloud letters each officer wrote to Egan, in which they recounted the physical and emotional trauma they and their families have endured and asked for the maximum sentence of 106 years to life behind bars.

    "He tried to take my life and my partner's life to escape being arrested after committing a violent crime," Martini wrote.

    "Mr. Elian made the conscious decision to shoot his weapon at a husband, a father, a grandfather and two uniformed police officers," Brochu wrote. "Regardless of his excuse, Mr. Elian shot both of us in the back."

    Green said the shooting took a toll not only on the officers and their families, but other officers and the entire community. He praised Brochu and Martini for acting coolly under fire.

    "It was through quick thinking and work by the police officers, and a bit of luck, that we didn't have two funerals to go to," Green said.

    When given the chance to speak, Elian — who was handcuffed and shackled at his wrists and ankles because of a scuffle with deputies after the jury's verdict — offered his apology to Brochu and Martini. First, however, he said the incident in the apartment wouldn't have happened if the woman who loaned him money hadn't taunted him about his dead mother and threatened to kill him.

    "I didn't think of the consequences that could come from my actions," he said. "I didn't think at all."

    Defense lawyer Karen Bailey Turner asked for the minimum prison term of 20 years to life, citing Elian's difficult life, which included homelessness, mental-health issues and marijuana abuse.

    "The fact is that trying to send a message by sentencing him to the max doesn't necessarily help the community's ills," she said.

    She also noted that Elian, who came to the U.S. from Haiti when he was 8 and was living here as a legal permanent resident, is likely to be deported after he serves his sentence.

    Although Egan imposed a lesser sentence than the maximum, Green, Brochu and Martini said afterward that they had no quarrel with the sentence.

    "I think it was a fair sentence," Green said. "I think it's a sentence that practically speaking is going to keep the defendant in prison the rest of his life."

  • #2
    yea, everyone is sorry when they get caught, wish he received the longer sentence though.
    hopefully the officers make it back to active duty at somepoin
    If you're going through hell, keep going- Churchill

    Comment


    • #3
      Nixon Elian receives 71 1/3 to life for shooting two cops

      Michael Zeigler • Staff writer • January 7, 2011

      Calling himself a misunderstood "lost child" who grew up in poverty after the death of his mother, Nixon Elian asked for mercy Thursday as he was ordered to prison for attempting to kill two Rochester police officers. Don't ask the courts for mercy, need to ask your new boyfried

      Addressing Officers Daniel Brochu and Luca Martini, whom he shot with a .357-caliber Magnum revolver outside a Driving Park Avenue apartment on Dec. 1, 2009, the 22-year-old Elian apologized for inflicting serious wounds that have prevented both officers from returning to full-time duty.

      "I'm sorry for the pain and suffering I caused you," Elian said. "I didn't intend to kill you. I didn't intend to kill anybody."

      But after state Supreme Court Justice David D. Egan ordered Elian to prison for 71 1/3 years to life, Brochu and Martini said Elian's words carried little weight.

      "I didn't have the easiest life either," said Brochu, who said he grew up in a one-parent home that depended on public assistance. "I don't know if that's an excuse." Yes it is just that an excuse, not a reason, just passing the blame for your own actions.

      "I feel he's blaming everybody but himself," Martini said.That is exactly what he is doing.

      Brochu and Martini were shot while answering a 911 call from an apartment building manager who heard a woman scream inside a third-floor walkup apartment after two strangers entered the building.

      The woman, who had loaned money to Elian, said Elian and another man came to her apartment on the pretext of repaying the loan. Instead, they beat, choked and threatened her at gunpoint, ransacked her apartment looking for money, and subjected her to an attempted rape before she escaped through the apartment door when Elian told her to open it and get rid of the officers after they knocked and identified themselves as the police.So, he did not intend to hurt the police officer, just beat, rape and steal from this lady?? ok I get it.....not

      Martini was shot in the left hand and right arm and also was hit by a bullet that was stopped by his bulletproof vest. Brochu was shot in the right leg.

      Martini is still out of work but Brochu has returned part-time. Both officers suffered shattered bones that required surgery and extensive physical rehabilitation. Hang in their brothers

      After a trial in December, jurors convicted Elian of two counts each of attempted aggravated murder and first-degree assault and single counts of first-degree burglary, attempted first-degree robbery, second-degree criminal possession of a weapon, second-degree assault and fourth-degree criminal possession of stolen property.

      A key piece of evidence in the trial was a short but dramatic video recording of the shootings made by a surveillance camera in the hallway outside the apartment.

      In the recording, the woman could be seen running out the door. Martini, who testified that he suddenly found himself face-to-face with the gunman after the woman bolted, was shot first in the left hand as he tried to swat away the gun, then again in the right arm as he ran to his right away from the gunman. Brochu ran down the hallway to his left and was shot in the left leg as he dove around a corner.

      Brochu and Martini watched the sentencing with their wives from the front row of a 103-seat courtroom that was packed to standing-room only with fellow officers from several area police departments.

      Neither officer spoke. Instead, District Attorney Michael C. Green read aloud letters each officer wrote to Egan, in which they recounted the physical and emotional trauma they and their families have endured and asked for the maximum sentence of 106 years to life behind bars.

      "He tried to take my life and my partner's life to escape being arrested after committing a violent crime," Martini wrote.

      "Mr. Elian made the conscious decision to shoot his weapon at a husband, a father, a grandfather and two uniformed police officers," Brochu wrote. "Regardless of his excuse, Mr. Elian shot both of us in the back."

      Green said the shooting took a toll not only on the officers and their families, but other officers and the entire community. He praised Brochu and Martini for acting coolly under fire.

      "It was through quick thinking and work by the police officers, and a bit of luck, that we didn't have two funerals to go to," Green said.

      When given the chance to speak, Elian — who was handcuffed and shackled at his wrists and ankles because of a scuffle with deputies after the jury's verdict — offered his apology to Brochu and Martini. First, however, he said the incident in the apartment wouldn't have happened if the woman who loaned him money hadn't taunted him about his dead mother and threatened to kill him.

      "I didn't think of the consequences that could come from my actions," he said. "I didn't think at all."well dude you now have time to think for the next 70 something years

      Defense lawyer Karen Bailey Turner asked for the minimum prison term of 20 years to life, citing Elian's difficult life, which included homelessness, mental-health issues and marijuana abuse.Thought MJ was a harmless drug? but thats a whole nother thread

      "The fact is that trying to send a message by sentencing him to the max doesn't necessarily help the community's ills," she said. Nope but it is a first step in the right direction

      She also noted that Elian, who came to the U.S. from Haiti when he was 8 and was living here as a legal permanent resident, is likely to be deported after he serves his sentence. oh ****ing well

      Although Egan imposed a lesser sentence than the maximum, Green, Brochu and Martini said afterward that they had no quarrel with the sentence.

      "I think it was a fair sentence," Green said. "I think it's a sentence that practically speaking is going to keep the defendant in prison the rest of his life." I love a happy ending to stories like this

      It could be that the purpose of your life is only to serve as a warning to others.

      Comment


      • #4
        "When given the chance to speak, Elian — who was handcuffed and shackled at his wrists and ankles because of a scuffle with deputies after the jury's verdict — offered his apology to Brochu and Martini. First, however, he said the incident in the apartment wouldn't have happened if the woman who loaned him money hadn't taunted him about his dead mother and threatened to kill him."

        Threatened to kill him? Ok, I believe that one.

        Marijuana abuse? Wouldn't that just make you fat, slow and stupid?


        Thankfully a judge that saw right through his BS. I wonder what the sentence would have been had they not had the video, however.




        World_So_Cold

        Comment

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