New York 1 News

July 16, 2007

Police Shooting Suspects Arraigned On Murder Charges

A Brooklyn courtroom, packed with members of the NYPD, erupted in applause Monday as three Queens men arrested in connection with the shooting of two city police officers last week were led away in handcuffs after their arraignment on first degree murder charges in the death of Officer Russel Timoshenko.

“These defendants are now charged with murder in the first degree, each for their collective role in this outright execution,” said Assistant District Attorney Anna-Siga Nicolazzi.

Dexter Bostic, Robert Ellis and Lee Woods were arraigned on the upgraded charges following Timoshenko's death from the wounds over the weekend. The three are now being held without bail.

"We said we will catch them and we have. Now we will be here to make sure that they will stay where they should be," Patrolmen's Benevolent Association President Pat Lynch told a crowd gathered outside the courtroom.

Timoshenko's parents stood at Lynch's right as he spoke, and they were in the courtroom as the new charges were leveled against the men accused in their son’s death.

Prosecutors called the shooting an outright murder. Timoshenko and his partner Herman Yan were conducting a routine traffic stop on an SUV with license plates registered to another car. As they approached the SUV, shots rang out, hitting Yan in the chest and arm and Timoshenko is the face and neck.

Investigators believe Bostic shot Officer Timoshenko and Ellis wounded Officer Han. Woods' attorney says his client was only the driver.

"There is no evidence to suggest that my client had the same intent to harm these officers, that my client had any part to do with the shooting itself," said Woods' lawyer Patrick Megaro.

Woods' lawyer hopes these DNA samples taken during the proceeding, will help prove his client is not the shooter.

But prosecutors say all three are guilty of murder because they acted together. Since there is currently no capital punishment law on the books in New York State, the PBA wants federal prosecutors to take over and seek the death penalty.

"To make sure that we send a message that if you attack one of us you attack all of us and to make sure that there is never another family that has to feel the grief that not one of us could understand unless we lived through it,” said Lynch.

Timoshenko's viewing is set for Tuesday and Wednesday at the IJ Morris Funeral Home in the Flatlands section of Brooklyn. A funeral will follow on Thursday.