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Man Was Afraid for His Life When He Fled During Police Shooting: Lawyer

By Nicholas Rizzi | January 6, 2017 6:14pm | Updated on January 9, 2017 9:55am
 Jonathan Derbyshire and Patrick Allen, 24, were hit with several gun charges at their arraignment.
Jonathan Derbyshire and Patrick Allen, 24, were hit with several gun charges at their arraignment.
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NYPD

ST. GEORGE — One of the two men arrested after police found them firing weapons in the woods was simply running to save his life after officers shot his friend, his lawyer said.

The lawyer for Jonathan Derbyshire, 24, said he was merely afraid for his life when he ran into the woods to ditch officers after they shot his friend Patrick Allen, 24, when he pointed a gun at them.

"Staten Island seems to be like the Wild West, the sheriffs shoot before they ask any questions," said Matthew Mari, Derbyshire's lawyer, outside of his Friday arraignment. "He was standing there, the shooting started, he ran like a deer to save his dear life."

Derbyshire and Allen were hanging out a house near Androvette Street and Arthur Kill Road when they decided to go shoot some guns in the woods early Thursday morning, police said.

Officers responded to calls of shots fired at about 1:10 a.m. As they arrived, Allen came from the side of the building and pointed a 9-millimeter Glock 26 at them as Derbyshire ran into the woods, police said.

Police fired four shots at Allen, hitting him in the three times in the leg and once in a bulletproof vest he was wearing, and he was treated at Staten Island University Hospital North.

Officers chased Derbyshire where they found an AR-15 semi-automatic rifle, several bullet casings and a large hunting knife in the woods, officials said. He was arrested later Thursday morning.

Allen arrived in court in a wheelchair with his left arm in a cast and in a sling while several members of his influential family — including his parents and grandparents — watched.

His lawyer, Eric Nelson, told Judge Alan Meyer in court that what happened in the woods was "nowhere near the allegations made in the media."

A search warrant later executed by officers of their Kreischer Street home turned up more than 2,000 oxycodone and alprazolam pills as well as 16 ounces of marijuana, prosecutors said.

Allen's cousin, Liam Allen, was arrested because he was in the home at the time, though his lawyer Nelson said he didn't live there and was only staying there temporarily. 

Derbyshire's lawyer also said he didn't live at the address, there was no evidence to prove he actually possessed or shot the gun and complained it took nearly 36 hours for his arraignment.

"Police conducted an investigation and the defendant was re-arrested based on charges from a search warrant and was properly arraigned in the appropriate timeframe," a spokesman for the district attorney said in a statement.

Allen was charged with criminal possession of a weapon, criminal possession of a firearm, reckless endangerment, criminal possession of a controlled substance, criminal possession of marijuana and unlawful wearing of a body vest, the DA said.

His bail was set at $150,000 and he's due back in court on Jan. 11.  He's been arrested eight times before, including for drug crimes, and comes from a prominent family that includes bankers, politicians, a federal judge and a former owner of the New York Post, that newspaper reported.

Debryshire was charged with criminal possession of a weapon, criminal possession of a firearm, reckless endangerment, criminal possession of a controlled substance, criminal possession of marijuana, the DA said.

His bail was set at $150,000. He was a former star football player in high school but was arrested several times before, including for a 2008 break-in of a home, the Staten Island Advance reported.

Liam Allen was charged with criminal possession of a controlled substance and criminal possession of marijuana, the DA said. His bail was set at $10,000.