Press Release - Kevin Gardener sentence

DATE: OCTOBER 31, 2019

FROM: HOLLEY CARNRIGHT

RE: PRESS RELEASE – KEVIN GARDENER

KEVIN GARDENER SENTENCED TO 17 YEARS TO LIFE FOR DECEMBER 1^ST FELONY MURDER

     Following his conviction by plea of guilty on July 19, Kevin Gardener, age 18, of Josephine Avenue in Kingston, was sentenced by Judge Donald Williams of Ulster County Court on Thursday to 17 years to life in prison for the felony murder of Mark Lancaster on Sawkill Road in Kingston last December following a marijuana robbery.

Gardener committed the robbery and murder together with accomplices Maurice Stansberry, Sr., who has been sentenced to 25 years to life in prison for the same murder, and his son, Maurice Stansberry, Jr., who is awaiting sentencing.

Though it is not relevant, under felony murder rules, which of the three defendants shot Mr. Lancaster, the trial evidence showed that Stansberry, Sr., shot Mr. Lancaster on Sawkill Road close to noon time on December 1, 2018, after a gunpoint robbery of marijuana from Lancaster’s teenage son at Sawkill Trailer Park. Kevin Gardener pleaded guilty on July 19 and avoided a possible joint trial with Stansberry, Sr. In his plea and again at time of sentencing today Gardener took the blame for shooting Lancaster. However, our office’s view of the case indicates that the evidence strongly supports that Mr. Gardener was a full participant but was not the trigger man.

Judge Williams remarked that Gardener’s expression of remorse in his letter which he read in court was genuine and a real first step toward rehabilitation, though adding that “true remorse won’t bring the victim back.”  

Mark Lancaster’s mother, Donna Quiles, was present in Court and spoke briefly following Gardener’s emotional letter of remorse which he addressed to “Dear Mr. Lancaster.” She reiterated their grievous loss and the continuing impact and trauma the murder has had on their family, especially Mr. Lancaster’s teenage son who was present and could not do anything to help his dad. 

Gardener was represented by Dutchess County Assistant Public Defender Bradford White, who was appointed to represent Mr. Gardener after the previous lawyer left the case. 

In a deeply moving occurrence the families of Mark Lancaster and Kevin Gardener engaged in a long embrace and consoled each other outside the courtroom following the sentencing.  

The case was prosecuted by Sr. Assistant District Attorney Emmanuel Nneji and Assistant District Attorney Timothy Lawson. 

Press Release - Khalil Waheed appeal

FROM: DA HOLLEY CARNRIGHT

DATE: OCTOBER 31, 2019

RE:   PRESS RELEASE – PEOPLE V KHALIL WAHEED

     The Appellate Division, Third Department has unanimously affirmed the August, 2017 conviction of Khalil Waheed upon a jury verdict convicting him of the crime of leaving the scene of an incident without reporting a personal injury, a class D felony.

     Defendant’s conviction stems from an incident which occurred in the City of Kingston on September 20, 2016, during which the defendant arranged to purchase heroin from the victim and a dispute over the sale ensued. Moments later, the defendant was seen speeding away in a van and the 23 year old victim, who was attempting to retrieve her phone which the defendant had taken from her, was thrown from the vehicle, suffered head injuries which led to her death three days later.

     Following a jury trial, defendant was acquitted of criminally negligent homicide, one of the two charges in the indictment, but found guilty of leaving the scene of an incident without reporting a personal injury. Defendant was subsequently sentenced by Supreme Court (Mott, J.) to a state prison term of two to six years and a $3,500 fine.

     On appeal, defendant challenged the legal sufficiency of the evidence arguing that the verdict was again the weight of the evidence and that the sentence was unduly harsh and excessive. The Appellate Division, Third Department however, rejected each of these claims and affirmed defendant’s conviction.

     On appeal, defendant is represented by Dennis J. Lamb, Esq. of Troy, New York. Tracy Steeves, Esq. handled the appeal for the District Attorney’s Office.

Press Release - Ben Gary Treistman conviction

FROM:   HOLLEY CARNRIGHT

        ULSTER COUNTY DISTRICT ATTORNEY

DATE:   OCTOBER 31, 2019

SUBJECT: PRESS RELEASE – BEN GARY TREISTMAN CONVICTION

On Thursday October 31, 2019, a Town of Olive jury of three men and three women found Ben Gary Treistman, age 58, of Woodstock, guilty of 18 counts of Failure to Provide Proper Sustenance in violation of the agriculture and markets law covering animal neglect. 

The evidence at trial established that in April of 2016 the Ulster County Society for the Prevention of Cruelty to Animals (SPCA) responded to complaints of animal neglect at defendant’s residence concerning ducks he owned. Various notices to comply were given to the defendant outlining changes that needed to be made to the substandard conditions observed. After receiving new complaints the SPCA investigators executed a search warrant at the defendant’s residence, and on May 3, 2017, eighteen ducks were seized. Injuries included various levels of bumblefoot, and many ducks had large holes in their feet, likely from nails that were sticking up inside of the duck pen. In addition, many ducks were covered in feces due to the accumulation of fecal matter in the environment which they lived.

Defendant testified at trial that he provided the necessary care for the ducks, that the ducks were in good health, and he never saw any injuries. However, a veterinarian for the SPCA testified to the contrary stating that not one duck was in a healthy condition.

Sentencing is scheduled on January 8, 2020 in front of Judge Timothy Cox. As part of any sentence imposed, defendant will be required to register with the Ulster County Animal Abuse Registry.

The case was prosecuted by Assistant District Attorney Paul Derohannesian. The defendant was represented by attorney Michael Bruhn with the Public Defender’s Office.