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Man Shot By Police While Firing Guns in Woods Hit With 23-Count Indictment

By Nicholas Rizzi | February 2, 2017 1:30pm
 Patrick Allen and Jonathan Derbyshire, both 24, were indicted after police arrested them while playing with guns inside the woods.
Patrick Allen and Jonathan Derbyshire, both 24, were indicted after police arrested them while playing with guns inside the woods.
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STATEN ISLAND — The man who was shot by police after pointing a firearm at officers while firing guns off in the woods with a friend was indicted for menacing, weapons possession and illegally wearing a bulletproof vest, prosecutors said.

Patrick Allen, 24, was hit with a 23-count indictment Wednesday stemming from the Jan. 5 incident, in which he and Jonathan Derbyshire, 24, were shooting guns in the woods in Charleston.

Derbyshire was slapped with a 15-count indictment that includes charges for weapons and drug possession, prosecutors said. 

The pair was hanging out at a house near Androvette Street and Arthur Kill Road on Jan. 5 when they decided to head to the woods nearby, police said.

Officers responded to 911 calls at about 1:10 a.m., when they spotted Allen come from the side of a building and point a 9mm Glock 26 at them while Debryshire ran away, authorities said.

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

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

"The indictment didn't reveal any new charges or any new facts," said Derbyshire's lawyer, Matthew Mari. "We are still at the same point we were the day of the arrest.

Mari said he's still waiting on ballistic evidence for the guns mentioned in the indictment and expects the case to eventually go to trial.

"We expect that the facts that will unfold are going to be quite different than what was reported the first day," he said.

A search warrant later executed by officers at Allen and Derbyshire's Kreischer Street home turned up more than 2,000 oxcycodone and alprazolam pills, 16 ounces of marijuana, ammunition and drug packing material, prosecutors said.

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

He was indicted on two drug possession charges, prosecutors said.

Derbyshire was indicted on criminal possession of a firearm, criminal possession of marijuana, criminal possession of a controlled substance, criminally using drug paraphernalia and unlawful possession of pistol or revolver ammunition, prosecutors said.

He pleaded not guilty and his bail was set at $150,000, court records show.

Patrick Allen was indicted on charges including menacing a police officer, criminal possession of a weapon, unlawfully wearing a body vest and criminal possession of a controlled substance, prosecutors said.

He also pleaded not guilty at his arraignment and his bail was set at $150,000, according to court records.

His lawyer did not respond to a request for comment.

Patrick Allen has been arrested eight time before, including for drug-related 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.

Derbyshire has been arrested several times before, including a 2008 a break-in at a home, and starred at quarterback for Monsignor Farrell High School and Tottenville High School, the Staten Island Advance reported.

Cox, who was indicted for criminal possession of a controlled substance and criminal possession of marijuana, also pled not guilty. His bail was set at $10,000.

"The charges will be fought vigorously," said his lawyer, Eric Nelson. "The District Attorney still has their burden in terms of proving the case and we'll certainly be vigorous in our defense or Mr. Cox, who we believe did nothing wrong."