JOHNSTOWN - Two men involved in an August shooting in Gloversville have pleaded guilty to felony counts and may testify in this week's trial of a third co-defendant who is facing 25 years in prison if convicted.
Louis "Black" Robinson, 25, of the Bronx is on trial at the Fulton County Courthouse facing all 11 counts in an indictment against him, Fulton County District Attorney Louise Sira said today. Opening statements were expected this morning.
Sira is prosecuting the case before Fulton County Court Judge Richard C. Giardino.
Robinson and two co-defendants - Codie Hayward, 23, of 16 Littauer Place, Gloversville, and Edwin J. Pastor, 26, of 107 East Ave. in the town of Johnstown - each were indicted Sept. 21 by a county grand jury on 11 felony counts. They were charged in connection with the shooting and robbery of 26-year-old Amsterdam resident David Ortiz. The Aug. 22 incident took place in broad daylight outside Naif's Discount Beverage & Tobacco on North Main Street in Gloversville.
According to the indictment, the defendants repeatedly struck Ortiz with a loaded handgun "in a 'pistol-whipping' fashion." The handgun discharged and Ortiz was shot in the nose at point-blank range. Police said the three co-defendants sped away in a vehicle that was later identified in Amsterdam and used to help find them.
Gloversville police have said Ortiz's shooting was believed to be "gang-related," but haven't said whether any of the men are affiliated with a particular gang.
Although all three men were accused in the shooting, police have not indicated at this point which man pulled the trigger against Ortiz.
The defendants were accused of robbing Ortiz of his jewelry, namely a Joe Rodeo JoJo brand-name watch, and cash. Joe Rodeo is a jewelry and diamond watch designer based in New York City.
A grand larceny charge in the indictment stems from the defendants allegedly stealing the jewelry and money directly from Ortiz's body, police said, not because of the monetary value of what was stolen.
Sira said Hayward and Pastor may testify in Robinson's trial this week.
Under a plea arrangement, Hayward pleaded guilty to a felony robbery count and faces six to eight years in state prison when he's sentenced later. Pastor pleaded guilty to a felony count of criminal use of a firearm and faces five to seven years when he's sentenced later.
In another incident, Hayward had been shot 10 days earlier in his home. Tyquanne "Turk" Madison, 24, of Brooklyn, was indicted in December on charges of attempted murder, assault, criminal use of a firearm and criminal possession of a weapon - all felonies.
Sira said Robinson, if convicted at trial, faces up to 25 years in state prison.
Sira said jury selection concluded Monday, and she expects Black's trial to last until next Tuesday or Wednesday.
"I anticipate calling 15 to 20 witnesses," the district attorney said.
Robinson, Hayward and Pastor had been indicted on these charges: three counts of first-degree robbery, one count of robbery, two counts of criminal use of a firearm, two counts of criminal possession of a weapon, one count of gang assault, one count of assault and one count of grand larceny. Each is a felony.
Attorney Mark Meyers of Albany is representing Black.
In 2007, Hayward was shot in the face by his neighbor, Jason Rose, who is serving a 10-year prison sentence for that attack. Authorities said the three defendants in the Naif's assault all possessed handguns illegally, as they were convicted felons at the time of the shooting and robbery.
Michael Anich covers Johnstown and Fulton County news. He can be reached at johnstown@leaderherald.com