Friday, January 10, 2024, a Schenectady County jury found Demetrius Howard (DOB: 7/25/72) guilty of criminal possession of a weapon in the second degree, a class-C violent felony (two counts), criminal possession of a weapon in the third degree, a class-D violent felony (high capacity ammunition feeding device), criminal possession of a weapon in the third degree, a class-D non-violent felony and tampering with physical evidence.
The charges stem from an incident that occurred on October 18, 2022 in which Schenectady police officers arrested defendant after observing him take a bag, which contained a loaded handgun, from his codefendant in the area of 901 Crane Street in the City of Schenectady. Schenectady Police Officer Matthew Hoy and then Schenectady County Sheriff’s Deputy Matthew VanWoeart, assigned to the Street Crimes Task Force, observed a woman for whom there was an arrest warrant walking along Crane Street. When they approached her to take her into custody on the warrant, she handed the bag to Howard. Officer Hoy took the bag back from Howard. Howard then grabbed the officers wrist with his left hand and tried to pull the bag away from the officer with his right. Officer Hoy was able to retain custody of the bag and Howard left the area by cutting behind houses and jumping fences behind the buildings on Crane Street. Officer Hoy radioed a description of Howard and his direction of travel to fellow officers in the field who observed Howard come from behind Crane Street onto Francis Avenue about two minutes after Officer Hoy saw him heading that direction. Officers took defendant into custody and he and his codefendant were charged with weapons-related felony charges.
Schenectady Police Department CSI detective Nicholas Contompasis swabbed the gun and the police department submitted the swabs for DNA testing. The New York State Police Forensic Investigation Center concluded that defendant was the major contributor to the DNA profile from the grip of the handgun, stating, “The probability of selecting an unrelated individual that matches the major contributor to this evidence is less than 1 in 320 billion.”
Judge Matthew J. Sypniewski presided over the trial. Howard was represented by attorney Samuel N. Iroegbu. Major Crimes Bureau Chief Amy Burock prosecuted the case on behalf of the Schenectady County District Attorney’s Office. Howard, has four prior felony convictions, two of which are violent. Due to his record, he faces between five and 15 years in State Prison on his criminal possession of a weapon in the second degree conviction, three to seven years in State Prison on his conviction for the high capacity magazine and up to two to four years in State Prison for tampering with physical evidence. It will be in Judge Sypniewski’s discretion whether to run the sentences consecutive or concurrent.
District Attorney Robert M. Carney stated, "Mr. Howard, who was 50 years old at the time of this incident, secreted his gun in a handbag and gave it to his 24-year-old girlfriend to hold. He claimed at trial that she owned the gun. The observations of the police at the scene, the DNA evidence and the effective cross-examination by ADA Burock shattered that argument at trial and Mr. Howard will face the consequences at sentencing."