THE BRONX — A former correction officer was sentenced to 18 years behind bars on Wednesday for killing his daughter's boyfriend, although he claimed to be acting in self-defense, and his lawyer said he will appeal the case "virtually immediately."
Darryl Brown, 58, was accused of killing 21-year-old Vonde Cabbagestalk on March 20, 2014 after seeing him talking to another man in the lobby of his building, according to the Bronx District Attorney's Office.
He demanded to know what Cabbagestalk was doing there, and the two got into an argument that culminated in Brown fatally shooting Cabbagestalk in the chest, the Bronx DA's Office said.
"He pulled that trigger on an unarmed man," said Assistant District Attorney Newton Mendys. "A man who merely threw punches at him."
The victim's uncle Julius Cabbagestalk spoke at the sentencing, and although he said the family would find a way to forgive Brown, the shooting has already devastated them.
"Your moment of anger has destroyed your family and our family," he said.
Prosecutors also accused Brown of running back to his apartment after firing his gun and leaving Cabbagestalk bleeding on the floor instead of trying to help him, a decision the victim's uncle said demonstrates that Brown does not deserve his freedom.
"Someone with your anger and lack of sympathy for a dying man should not walk the streets," he said.
A jury had convicted Brown of manslaughter on Sept. 30, and he faced up to 25 years in prison for the crime, according to the Bronx DA's Office.
Judge Robert Neary acknowledged that Brown's decision to shoot Cabbagestalk ruined several lives but said he did not feel that Brown deserved the maximum penalty and sentenced him to 18 years behind bars with five years of post-release supervision.
However, Brown and his attorney Joey Jackson both said they were extremely dissatisfied with the verdict, and Jackson pledged that he would quickly appeal the decision.
He argued that the jury had not been allowed to consider all the facts of the case and stressed that Brown was a devoted family man who had honorably served the city for years.
"This is not a case that needs some sentence which is indicative of a madman," he said.
Brown referred to the court proceedings as "nothing but character assassination" and said he knew and loved Cabbagestalk. However, Brown claimed Cabbagestalk had been beating his daughter, which had upset him.
He maintained that his actions against Cabbagestalk were done in self-defense and that he feared for his life at one point during their confrontation when the young man put his hand in his pocket, adding that he did not think he had received a fair trial.
"I am an American, and I do deserve a fair chance," he said.
"I'm not a murderer," he continued. "I'm not a bad person."
