Plan to rob a drug dealer took a murderous turn, Nassau ADA tells jurors at murder trial

A plan to rob a marijuana dealer in an Old Bethpage park took a murderous turn when the plot’s architect opened fire on the intended target but fatally shot one of his four accomplices instead, a prosecutor said Tuesday.

“The robbery went off without a hitch. But the defendant ... decided that that wasn't enough ... And he made a decision to kill," prosecutor Michelle Lewisohn told jurors of Brandon Torres.

Jurors heard opening statements Tuesday in the Nassau County Court trial of Torres, 25, of Staten Island, who is facing up to 25 years to life in prison on the top count against him.

He has pleaded not guilty to second-degree murder, robbery and weapon charges following the deadly encounter in Haypath Park at about 11 p.m. on July 6, 2019.

Authorities contend Torres fired a bullet from a .380 caliber handgun that hit the abdomen of 23-year-old Queens man Stefon Pierre — one of Torres’ lookouts for the robbery — causing a fatal wound.

But a lawyer for Torres said the prosecution’s case was based on testimony from two people with questionable credibility: a drug dealer who used heroin and cocaine, and an alleged female accomplice of Torres' who could avoid prison by testifying against him.

Mineola defense attorney Jeffrey Groder also said the prosecution’s evidence would “fall far short” of the proof needed for a conviction and the foundation of their case was “faulty, maybe even rotten.”

Lewisohn said Torres’ accomplice Kion Carter was the “set-up man” for the robbery, arranging for them to meet drug dealer Dimitri Filacouris to buy a pound of marijuana in the park for $2,400.

But Filacouris, then a 21-year-old Old Bethpage resident, didn’t realize he was walking into a trap, according to the prosecutor.

She said Torres and Carter robbed Filacouris of the marijuana after Torres pointed his gun at him.

Before the robbers fled, Carter urged Torres to shoot Filacouris, according to the prosecutor. She said as the two robbers ran off, Torres suddenly stopped, raised his gun and fired at Filacouris.

But Lewisohn said the gunshot hit Pierre, who had just emerged from the hiding spot where he was acting as a lookout with accomplice Charles Spinella, then a 17-year-old Kings Park resident.

 “Bro, you shot me!” Lewisohn said Pierre told Torres. 

The prosecutor said Filacouris ran for his life while the others brought Pierre, who had a bullet lodged in his spine, back to the blue Honda where lookout and getaway driver Patricia Quilliam was waiting.

Quilliam, then a 19-year-old Greenlawn resident, drove Pierre to Plainview Hospital, where he died the next day, according to authorities.

 Lewisohn said Torres had Quilliam drop him off at a Carvel a few blocks from the hospital, after telling her: “I can’t get in trouble. Get me out of here.” 

Lewisohn said Filacouris picked Torres out of a photo array on July 7 and police arrested Torres on July 8 at his Staten Island home, where they found him hiding under a bed.

The prosecutor said besides the testimony of Filacouris and Quilliam, the evidence against Torres would include a damaged phone found in his kitchen garbage.

It showed that about 20 internet searches for the kind of gun used in the killing were made before the homicide and 63 searches for “Long Island shooting” were made in its aftermath, according to Lewisohn.

 She said Quilliam accompanied police that September to the park before they recovered a .380 caliber gun rusting in the dirt. The prosecutor said Quilliam would testify that Torres admitted to wiping off and tossing a gun immediately after the shooting. 

Quilliam had been facing up to 25 years in prison but eventually made a deal to cooperate with prosecutors and will get probation and jail time served if she testifies honestly, the prosecutor also said.

 The cooperating witness’ testimony will include that Torres intended to sell the marijuana to get money for an apartment in Pennsylvania, according to Lewisohn. 

State records show Carter, 28, of Middle Island, went to prison last year on a 14-year robbery sentence.

A robbery case remains pending against Spinella, according to court records, which show he has pleaded not guilty.

 Police charged Filacouris with second-degree criminal possession of marijuana after the encounter. Prosecutors said Tuesday that the case against him is awaiting grand jury action.