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Monticello Man Convicted in Liberty Drive-by Shooting Sentenced to 30 years in prison

March 26, 2013

District Attorney Jim Farrell announced today that Jensy Delacruz, 20, of Monticello, N.Y. was sentenced to a total of 30 years in state prison and 5 years post release supervision for his role in shooting at another man and an occupied home in the Village of Liberty in August of 2011 and threatening a witness to the shootings. Farrell said that Delacruz was convicted by a jury in Sullivan County Court in June of 2012 of all charges arising out of two incidents involving gunfire, including a drive-by shooting, that occurred in Liberty on Carrier Street.

The jury previously convicted Delacruz, after about 30 minutes of deliberations, of Attempted Assault in the 1st Degree, a class C violent felony, four counts of Criminal Possession of a Weapon in the 2nd Degree, all class C violent felonies, and Reckless Endangerment in the 1st Degree, a class D felony.

Farrell said that the jury found that Delacruz and another man possessed a 380 caliber firearm and attempted to seriously injure Ricardo Pena by firing the gun at him and others in August 2011 at a home on Carrier Street in the Village of Liberty. The evidence established that Delacruz went to the home to confront Pena over a girl and physically fought with Pena at about 8:45 p.m., when the first shots were fired. The evidence further established that Delacruz and the other man left the scene and returned at about 10:00 p.m. and fired an additional six rounds into the house from a vehicle, recklessly creating a grave risk of death to the residents inside. No one was injured in either of the shootings.

Delacruz asked that Judge Frank LaBuda set aside the jury’s verdict but Labuda denied that request. Farrell said his office recommended a 30 year sentence for Delacruz with 15 years on each shooting incident with those sentences to run consecutively, which LaBuda imposed.

Delacruz also pled guilty to Intimidating a Witness in the 3rd Degree, a felony on December 13, 2012. Farrell said that Delacruz admitted to threatening a witness to the shootings on March 23, 2012, in the Village of Monticello when Delacruz was free on bail, in an attempt to keep the witness from testifying at trial against him. That witness did, however, testify at the trial that resulted in Delacruz’s conviction.

The case was investigated by the Village of Liberty Police, who put together a compelling case including the recovery of numerous bullet casings, including two bullet casings from Delacruz’s vehicle, and the recovery of a gun case from the execution of a search warrant at Delacruz’s residence, in the Village of Monticello. No gun was ever recovered.