FROM: HOLLEY CARNRIGHT
DATE: SEPTEMBER 23, 2016
RE: PRESS RELEASE – DIMETRI MOSELEY VERDICT
Yesterday, an Ulster County Jury found defendant, DiMetri Moseley, guilty of Criminal Possession of a Weapon in the Second Degree (a Class C Violent Felony) the sole Count against him. The trial commenced on Monday, September 19th and proof concluded September 21st. The jury deliberated for five hours. The trial was presided over by the Hon. Donald Williams.
The events occurred when gunshots were fired by at least two individuals, as a crowd of patrons exited the “Home” Night Club located at 3353 Rt. 9W in the Town of Lloyd.
Defendant was found guilty of firing a loaded 38 caliber revolver five times as he walked through the crowd. Multiple police agencies including the Town of Lloyd Police, the Ulster County Sheriff’s Office, New York State Police and others responded to the call for shots fired and found one man wounded by a gunshot collapsed in the parking lot of the club. Tahmel Gordon, along with defendants Frederick Smith, and DiMetri Moseley, drove away from the scene with Gordon driving. Police gave pursuit as the defendants’ vehicle was identified by Home Night Club’s personnel as being occupied by individuals involved in the shooting. The suspect vehicle did not pull over even though followed by several police vehicles with emergency lighting and sirens activated. After approximately a mile, defendants’ vehicle stopped on SR 9W near Milton Avenue as police had erected a barrier. Police surrounded the vehicle calling out commands for the defendants to show their hands and to exit the vehicle. Defendants ignored these commands. Defendant, Frederick Smith was seen throwing a loaded semi- automatic pistol out the rear passenger door. Shortly after, Gordon was seen pulling a 38 caliber revolver from his waistband and was shot twice by police. The 38 caliber revolver later was determined to have five spent casings in its chamber. After Gordon was shot, he passed the revolver to the backseat passenger, DiMetri Moseley, and the vehicle slowly proceeded to roll to a stop across the street. The 38 caliber revolver was then secreted in a black jacket by Moseley which was later recovered by police. Once stopped, Frederick Smith got out of the vehicle and, despite police ordering him not to move, ran into the woods with several officers in pursuit. Smith was apprehended and all defendants were arrested.
Gordon’s injuries were not life threatening.
Moseley is 22 years old with a criminal history of Resisting Arrest and at least one bench warrant.Defendant is facing a maximum sentence 15 years State Prison.
The case was prosecuted by Sr. Assistant District Attorney Clifford Owens and the defendant was represented by Daniel Gaffney.