STATEN ISLAND — A man accused of fatally shooting a 42-year-old in the face in 2014 had the murder charge dismissed by a judge this week.
Steven Bonfiglio, who was arrested for the death of Stephen McMahon, had the murder and manslaughter charges thrown out because of "gratuitous" testimony to the grand jury by an expert on motorcycle gangs, the Staten Island Advance first reported.
"This thing had absolutely nothing to do with motorcycle gangs," Bonfiglio's lawyer, Louis Diamond, told DNAinfo New York. "It was inappropriate to bring this guy in."
While his murder charge was dismissed, Bonfiglio is still charged with gun possession and tampering with evidence for the 2014 incident, according to online court records.
"We respect the court’s decision and will now move forward to re-present this case to a Richmond County Grand Jury for its determination," a spokesman for District Attorney Michael McMahon said in a statement.
The motorcycle gang expert told the grand jury about the bloody history of some gangs, and tried to say that Bonfiglio gunned down McMahon because he was trying to join one, Diamond said.
However, Diamond said that though Bonfiglio had tried to join a club, he had shot McMahon out of self-defense.
"The real bad ass stuff that you see on TV, that is not the typical 'One Percent' motorcycle club," Diamond said, referring to clubs that call themselves 'One Percenters' because they don't want to join the American Motorcyclist Association for various reasons, including being unable to serve alcohol at fundraisers.
"The reality of the situation is that this has nothing to do with biking."
On June 29, 2014, Bonfiglio, of Manalapan, N.J., shot McMahon, 42, in the face outside of McMahon's home at 2703 Amboy Rd. around 3:10 a.m., according to court papers.
The shooting left McMahon in intensive care at Staten Island University Hospital North. He died from the gunshot wound on July 1, according to court papers.
Diamond said Bonfiglio had driven McMahon's girlfriend home after McMahon was kicked out of a bar they had been at. McMahon was waiting outside with a gun when Bonfiglio pulled up.
"He is a good Samaritan that's giving her a ride home," Diamond said, adding the incident was caught on surveillance video.
McMahon tried to shoot Bonfiglio but his gun jammed and the two began to struggle, Diamond said.
During the fight, Bonfiglio got the gun away and McMahon took a hammer from Bonfliglio's back pocket — that Diamond said Bonfiglio used to start his motorcycle sometimes.
Bonfiglio was hit in the head with the hammer then shot McMahon in the face and fled, later dumping the gun, according to court papers and Diamond.
He was later arrested and indicted on the charges in 2015. He is free on a $100,000 bond, according to online court records.
Bonfiglio is due back in court on April 28.
