Date: Fri 10-Sep-1999

Publication: Bee

Author: ANDYG

Quick Words:

Gowdy-murder-probably-cause

Full Text:

Judge Clears The Way For Gowdy Murder Trial

BY ANDREW GOROSKO

A Danbury Superior Court judge has ruled the state has shown there is enough

evidence for prosecutors to pursue felony murder charges against two

19-year-old men in connection with the shooting death of 15-year-old Jason

Gowdy of Sandy Hook on the night of July 10.

In a courtroom with heavy security, Judge Patrick Carroll ruled that the state

demonstrated probable cause to pursue the charges after hearing five hours of

testimony from three witnesses September 2.

Charged in the case are Alejandro Melendez of Bridgeport and Roberto Lugo of

Stratford. Each is charged with felony murder, first-degree robbery, and

conspiracy to commit first-degree robbery. Police filed the charges against

the men July 13 following an intensive investigation. The felony murder charge

carries a sentence of life in prison in a conviction. The defendants are

scheduled to enter pleas in the case September 28.

Documents describing the police investigation into the case remain sealed by

the court.

Jason Gowdy of Pine Street and two of his friends had been walking along

Riverside Road near Cherry Street about 9 pm July 10 when they were approached

by Lugo who had traveled there in a Chevrolet Beretta with several friends.

Brandon Jossick, of 40 Turkey Hill Terrace, one of the two boys who were with

Gowdy, testified in court about the incident. The other boy with Gowdy was

Matt Haight.

Under questioning by Assistant State's Attorney Kevin Black, Jossick explained

he was a close friend of Gowdy who saw him daily. Jossick said he was about

two feet away from Gowdy when he was shot in the left side of the head by

Lugo.

At Black's request, Jossick identified Lugo, who was wearing a bright orange

prison jumpsuit in court. Lugo and Melendez are each being held on $1 million

bonds in the case.

Jossick said Mary Perez, 15, one of the occupants of the car, had initially

approached the three youths. "She approached us and asked us for drugs --

marijuana," Jossick said, adding that they told her they had none.

In testimony to public defender Paul Eschuk, who represents Lugo, Jossick said

Perez talked to the boys for about two minutes. "You guys got any weed? Where

can we get some weed," Perez asked, Jossick testified.

Perez got back into the Chevrolet and Lugo got out, Jossick testified. Lugo

then asked the three for marijuana, to which the boys replied that they had

none, Jossick said.

Lugo then asked if the boys had guns and Jossick shook his head to indicate

they did not, Jossick told Black, the prosecutor.

Lugo then patted down Haight to find if he had a weapon, according to Jossick.

Lugo said he liked a gold chain which Gowdy was wearing and then pulled a gun

out of his waistband, engaged the gun's firing mechanism and pointed the gun

directly at Gowdy's face at close range, Jossick said.

Gowdy told Lugo that he was a member of the Latin Kings gang and that if he

was killed there would be many people after Lugo, Jossick said.

Lugo then asked for Gowdy's chain.

Gowdy attempted to slap the gun out of Lugo's hand by pushing it down, but

Lugo pulled the gun back and away, and it fired within inches of Gowdy's head,

fatally wounding him, Jossick testified to Eschuk.

The Newtown Volunteer Ambulance Corps rushed Gowdy to Danbury Hospital where

he was pronounced dead at 9:28 pm.

Jossick identified an autopsy photo of Gowdy provided by Black during the

questioning.

Under questioning by private attorney Gary Mastronardi, who represents

Melendez, Jossick said that during the July 10 incident he never saw Melendez,

who was inside the Chevrolet. Jossick said that he and Gowdy had met Perez for

the first time the day before when they had smoked marijuana with her.

Perez

In questioning by Black, Perez of 13 Forest Drive, Sandy Hook, said that on

July 10 she, Lugo, Melendez, Alexis Barnett and Barbara Carleton were driving

around in the Chevrolet in the Bridgeport area.

Perez explained that Lugo initially had been in the car with the three girls,

with Carleton driving. Lugo told them he wanted to pick up Melendez because

"He didn't want to rob people by himself," Perez testified. After they picked

up Melendez, Melendez said he had a weapon and was willing to rob people,

Perez said.

Melendez removed a handgun from his waistband, removed some shells and passed

the gun to Lugo who hid the gun in the car, Perez said. "We were all drinking

and we were all smoking weed," Perez testified.

On arriving in Newtown later, Perez testified that she spotted Gowdy, Jossick

and Haight walking along Riverside Road. She said she got out of the car and

talked to them for a while, after which Lugo got out of the car and told her

to get back in. Lugo asked the boys for change and then for marijuana, after

which Gowdy asked Lugo to leave, Perez said.

Lugo then became agitated and showed the gun to Gowdy who told Lugo he was not

afraid, Perez said. Lugo then asked for Gowdy's chain.

"Robert [Lugo] shot it and just shot Jason," Perez said.

In the incident, Gowdy, in attempting to get the gun from Lugo, cut Lugo's

arm, which bled, Perez said. Lugo got back into the car and the five then

drove back toward Bridgeport, Perez said.

"Everything was just going frantic," Perez said.

Lugo later returned the gun to Melendez who put the weapon back in his

waistband, she said. Melendez then told Lugo that Lugo should have killed all

three boys, Perez said. Melendez later gave the gun to his brother in

Bridgeport, Perez added.

Of the shooting, Perez testified to Mastronardi, "I knew that he [Gowdy] had

been shot, but I didn't know if he was dead."

Lugo said he had killed Gowdy, Perez testified. Melendez said that if Gowdy

was not dead that he would go back to the scene to kill him, Perez said.

Lugo threatened to shoot Perez if Gowdy's two friends knew her last name,

Perez testified to Black.

Under cross examination by Mastronardi, Perez said she was questioned by

police the day after the shooting. She eventually spoke to Newtown police,

state police and Mr Black, she said.

Mastronardi asked Perez why she was in handcuffs, shackles and leg irons in

court. Perez explained she was incarcerated at a juvenile detention center due

to drug abuse probation violations. She explained that when the shooting

occurred she had been a runaway from Daytop drug abuse treatment center at

Fairfield Hills.

Mastronardi asked Perez how frequently she had used drugs recently. "Just that

one night," she said of July 10. Her drug use involved alcohol and marijuana,

she said. She explained she has used drugs for two or three years.

Mastronardi repeatedly questioned Perez about apparent contradictions between

a sworn statement she provided to police and her court testimony.

Perez explained that she did not want Lugo to do anything bad on their July 10

trip to Newtown, adding that she knew people who lived in Newtown.

Barnett

Alexis Barnett of Stratford was one of the five people in the Chevrolet who

traveled to Newtown July 10.

Lugo had expressed his intention to rob someone, she testified to Black.

Barnett related what she recalls having happened when Lugo accosted the boys

on Riverside Road.

Lugo asked the three for marijuana, but they said they had none, she said. He

asked them for change, but they said they had none, she added. It then became

quiet. She said she heard a gun click and Lugo asked Gowdy for his chain but

got no response. "Just give me your chain now," Lugo told Gowdy, according to

Barnett. "The gun went off... Robert got back into the car and we left," she

said.

"I saw the boy laying on the ground. We left and we went back to Bridgeport,"

she said.

Lugo told the others he believed he shot Gowdy in the head, Barnett added.

Melendez then told Lugo that Lugo should have shot the other two boys, Barnett

testified.

Under questioning by Mastronardi, Barnett said Perez had told Lugo and

Melendez that one of the three boys alongside Riverside Road was a member of

the Latin Kings, which resulted in the concealed handgun being removed from

its hiding place in the car and being loaded in light of a potentially

dangerous situation. Barnett said she was told that Gowdy had informed Lugo

that he was a member of the Latin Kings.

Under questioning by Eschuk, Barnett said Perez had not told her she was a

runaway from a drug treatment center. Perez had come up with the idea to

travel to Newtown to obtain drugs, Barnett said. Lugo, however, opposed going

to Newtown, Barnett said.

The group initially had trouble finding Newtown, eventually arriving there via

Waterbury, she said.

After Gowdy was shot, Lugo became upset and scared and considered kidnapping

Perez for fear that she would talk about the murder, Barnett said.

Father

David Gowdy, the father of the late Jason Gowdy, attended the September 2

probable cause hearing. He dismissed the allegation that his son was a member

of the Latin Kings. Gowdy said that his son had joked with schoolmates at

Henry Abbott Regional Technical High School in Danbury that they were members

of various gangs, but that they actually were not.

Of his son's death Gowdy said "I know that they're [defendants] not getting

off. It's wrong. It's just wrong. It should have never happened."

After the court hearing, Gowdy said "Everything's going the right way. Do

everything by the book and they're doing it. I just want it to be over. I

really do," he said.

Then reflecting on his son's death he said "I just miss him so much. God, I

miss him... He was so much fun."