BRONX MAN CONVICTED OF MANSLAUGHTER IN THE FATAL SHOOTING OF A THIRTEEN YEAR OLD BOY

Bronx District Attorney Robert T. Johnson announced today that a Bronx man has been convicted of manslaughter in the death of a thirteen year old boy.

Demetrius James, 28, of 630 Pugsley Avenue, was found guilty on one count of Manslaughter in the second degree and one count of Criminal possession of a weapon in the second degree, in the fatal shooting of Brandon Marcus in 2002. Both of the crimes are Class C felony offenses, punishable by a maximum sentence of up to fifteen years imprisonment. District Attorney Johnson said he would recommend that James be sentenced to consecutive fifteen year terms for a total of thirty years imprisonment. Acting State Supreme Court Justice Michael Gross set sentencing for Wednesday, March 16, 2005 in Part T11.

James shot and killed Brandon Marcus during a confrontation in an elevator at 630 Pugsley Avenue, shortly after midnight on December 27, 2002. The young boy was shot in the eye and brain following a heated verbal exchange minutes earlier between the defendant and an older cousin of the deceased.
The confrontation began in the building’s lobby. When the defendant and two women friends entered the lobby they walked past the deceased, two of his cousins, a girlfriend of one of the cousins and her two young daughters. Defendant James, who is six feet tall and 350 pounds, took offense when the dead boy’s older cousin, William Smallwood, 21, remarked that James resembled a rapper known as “Freeway”. James and Smallwood, who is six feet five inches tall and 220 pounds, began arguing and challenging one another to fight. When the two men’s girlfriends diffused the escalating confrontation, Smallwood and his group left the building. Thirteen year old Marcus and his ten year old cousin got on the elevator to go back upstairs to his apartment and were confronted by James who demanded to know who Smallwood was. While threatening to harm Smallwood, James grabbed Marcus, pushed him against the elevator wall and fatally shot the boy in front of his ten year old cousin.

The case is being prosecuted by Senior Trial Assistant District Attorney Allen Karen and Assistant District Attorney Kathryn Salensky.