Jury acquits Maeweather on three of four felony charges

Enterprise file photo — Michael Koff

Tasheem Maeweather, right, with his lawyer, Lee Kindlon, in December before being arraigned in Albany County Supreme Court.

GUILDERLAND — The jury in the Tasheem Maeweather Crossgates Mall shooting case deliberated for about a day before reaching their verdict Friday afternoon, acquitting him on three of the four felonies with which he was charged. The jury, which had been seated on Monday, determined that Maeweather was not guilty of attempted murder, attempted assault, or criminal possession of a weapon.

They convicted him of the fourth charge, reckless endangerment.

Defense attorney Lee Kindlon said, in the hallways outside the courtroom immediately after the verdict was read, that he gave the jury “a lot of credit; it’s a complicated case.”

He added that, if Maeweather did not have a gun, he couldn’t have endangered anyone. But reckless endangerment, he said, is a charge that does not need a victim and that is designed to be vague.

The definition of first-degree reckless endangerment is New York State is to, “under circumstances evincing a depraved indifference to human life, recklessly engage in conduct which created a grave risk of death to another person.”

“I’m 100 percent confident that upon Appellate review, it will get overturned and dismissed,” Kindlon said of appealing the endangerment conviction to the state’s middle-level court in a three-tiered system.

He said that that work “begins Monday morning.”

After the verdict was announced, Assistant District Attorney Steven Sharp said that the acquittal on the top two charges didn’t surprise him. “It was a tough case,” he said. “At the end of the day, the jurors held him responsible for what happened in the mall that day.”

Sharp added, “People have a hard time believing people these days,” when asked why he thought the jury had not been completely convinced by the detailed eyewitness testimony of off-duty State Trooper Ian De Giovine. “They want something tangible,” he said. “They want video.”

Kindlon said that, immediately after the conviction, he spoke with Maeweather’s family about the possibility of also appealing the violation of probation for which Maeweather is currently serving nine years in prison, a decision into which the Crossgates Mall shooting was factored. He was on probation for a former drug-sales conviction.

A reckless endangerment conviction normally carries a potential sentence of between two-and-one-third to seven years, said Cecilia Walsh, spokeswoman for the district attorney’s office but, because of Maeweather’s previous criminal history, the sentence would be elevated to between three-and-a-half to seven years. Maeweather will be sentenced on June 23.

Kindlon said outside the courtroom that the judge could decide to impose the sentence for the reckless endangerment conviction consecutive to the nine years Maeweather is now serving on the probation violation.

Friday morning, the jury’s forewoman sent out a note asking for replays of surveillance footage showing the moment when someone fired a gun inside busy Crossgates Mall, on Nov. 22, 2016. The episode sent shoppers and workers fleeing the mall on a busy Saturday afternoon while others were locked down inside until police completed a sweep.

The jury needed to decide whether Maeweather of Albany, who was then 20, was the shooter.

Despite the impressive number of cameras in the mall, there is no clear video of the moment of the shooting.

Perhaps the clearest is a series of camera angles from within the Apple Store. The shooting happened just outside the store, but the surveillance cameras in the store are mounted high on the wall to capture activity within the store. People in the corridor can be seen only from the waist down, through glass, from a distance, amid the flow of other shoppers.

Sharp, in his closing arguments, showed surveillance videos frame by frame, providing a narrative for jurors, saying that at one point, another young man throws a punch at Maeweather, and in another frame, Sharp said, Maeweather reached into his waistband or center-torso area, just before the shots rang out.

It was this video that jurors asked to see again on Friday, as well as video footage from the store Champs, where one of Maeweather’s friends bought sneakers 10 minutes before the shots were fired.

Sharp also told jurors that two of Maeweather’s friends could be seen clearly on video, recognizable from their clothing, in spots that were not in the area pinpointed by police analysis, using trajectory rods, from a bullet hole in a wall, to determine where the shots came from.

The location of one of Maeweather’s three friends, though, Sharp admitted, cannot be made out closely in the video. Sharp called that friend “the most difficult one to find in the video.”

Defense attorney Lee Kindlon said in his closing argument that there were holes in the prosecution’s case, and noted that the idea that “He probably did it” is not good enough. Kindlon reminded the members of the jury that they need to be convinced beyond a reasonable doubt that it was Maeweather who shot the gun.

“They want you to be afraid,” said Kindlon in his summation to the jury. “They want you to be afraid of a young black man who is walking through the mall on a bright November day. They want you to be so afraid that you look past the holes in this case and convict on the basis of that fear alone.”

Kindlon said the prosecution had paraded “a conveyor belt” of 35 witnesses past the jury. “None of them saw anything, but all of them were afraid,” he said.

The prosecution also built its case on police experts who pointed to Maeweather as an “associate” of an Albany gang while other young men in the group confronting Maeweather’s group in front of the Apple Store, they said were members of a rival gang in Troy.

The only explanation for the prosecution’s playing in the courtroom a five-minute-long Facebook Live video of Maeweather “bopping along to rap music” in his car an hour after the shooting, Kindlon said, was to plant a “little seed” of fear in jurors’ minds “about a young black man driving through Albany listening to rap music an hour later.

“They want you to watch those timelines [collages of mall surveillance footage] and see those young men and watch those young men walk past people who look like our brothers and sisters, and our parents. They want fear to fill the holes in their case,” Kindlon told the jury.

The jury of eight women and four men was all-white, reflective of the makeup of Albany County.

Kindlon told The Enterprise earlier this week that he tried, in jury selection, to pick people who seemed “open and receptive and not likely to be bullied.”

The jury of 10 women and two men was all-white, reflective of the makeup of Albany County.

“Sure, a gun went off,” Kindlon said. “But can you say beyond a reasonable doubt that he was the one who did it?”

Maeweather’s family spoke with The Enterprise on Friday while waiting for the verdict, saying that he’s the kind of person who always helps out his friends and his mother.

“If you ask anybody, it’s unbelieveable that he’s in jail, you know?” said Mar-Quiona Mullins-Johnson, who said she has been dating Maeweather for five years.

His mother, Helen Maeweather, said that Tasheem is the seventh of 11 children. He was raised in Albany and attended public schools as a child but not the high school, she said. “The high school would have been too much. He wouldn’t have learned anything there,” she said.

Helen Maeweather said that it was true, what Kindlon had said in her court about Tasheem being functionally illiterate; he cannot read or write. Kindlon had told the jury that Maeweather’s IQ “hovers around 70,” which is well below average.

His girlfriend agreed, saying that she was not sure how much of the proceeding he really understood.

“He’s happy, even in there,” she said, gesturing toward courtroom, “like he doesn’t really understand what’s happening.”

Updated on May 10, 2017: The June 23 sentencing date was added.

More Guilderland News

The Altamont Enterprise is focused on hyper-local, high-quality journalism. We produce free election guides, curate readers' opinion pieces, and engage with important local issues. Subscriptions open full access to our work and make it possible.