2017 Moreau man shooting case drags on for more than 35 years after appeal dismissed – Reuters


SPA BALLSTON – A Moreau man was sentenced to a total term of more than 35 years in state prison on Tuesday for a 2017 shooting, Saratoga County District Attorney officials said.

The sentencing came after the appeal of the man in the case was dismissed and after an appeals judge had previously allowed the man to be released on bail pending the outcome of his appeal against his sentencing at trial, officials said.

Joey M. Castro, 29, of Moreau, was sentenced Tuesday to a total sentence of 36 2/3 to 46 years in state prison, officials said.

He was convicted after a trial in October 2018 of first-degree assault, first-degree criminal use of a firearm and two counts of first-degree reckless endangerment, felonies.

The jury found that Castro shot his neighbor Michael Desnoyers on Oct. 8, 2017, in the back with an AR-15-style assault rifle, officials said.

The shooting took place after Castro became enraged during a rally inside Desnoyers’ garage on Laurel Road in Moreau.

Castro left the garage, then returned about five minutes later and opened fire on Desnoyers. Desnoyers survived the attack but remained paralyzed from the waist down, officials said.

Castro appealed his conviction and an appeals judge later granted Castro’s bail request pending appeal. Prosecutors offered a “vigorous objection,” but the judge, then appellate judge Eugene Devine, granted his request, prosecutors said in a statement Tuesday. Devine is now Schenectady’s Public Safety Commissioner.

Saratoga County Court Judge James A. Murphy III originally sentenced Castro to the same sentence in December 2018. Castro’s appeal continued and was later formally denied last week. The appeals court upheld Castro’s lengthy sentence and rejected an argument by Castro related to the exclusion of a psychiatric defense, prosecutors wrote.

Murphy then blamed Castro on Tuesday. The judge “castigated the defendant for his lack of remorse and persistent reluctance to take responsibility,” prosecutors wrote in the statement.

First Assistant District Attorney Alan M. Poremba tried the case with Assistant District Attorney Shawn M. Lescault.

In a statement, Poremba said Castro’s “cowardly acts” forever changed the lives of Desnoyers and two other people at risk, Desnoyers’ 19-year-old stepson Charles Miles and girlfriend de Desnoyers, Rebecca Lackey.

“These are three remarkable people who have suffered so much at the hands of one man – a man they have watched roam free in their city for nearly five years – living his life as if his actions had no consequence,” Poremba said in the statement. “Today, however, they sat in court and saw him finally face the consequences.”

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