Man who gunned down East Northport dad in Poughkeepsie hotel gets maximum prison time

A Poughkeepsie man was sentenced Monday to 25 years to life for the shooting death of an East Northport father of three during a shooting spree in the lobby of a Poughkeepsie Courtyard by Marriott last October.

But, officials said, after receiving consecutive sentences for additional weapons charges, Roy Johnson, 36, who was convicted at trial in May, could serve 58 1/2 years or more.

"I think we were expecting that the judge would give the maximum amount of time — and, we were also expecting consecutive time," defense attorney Joseph Salvatore Gulino, of White Plains, said Monday. "We were expecting the maximum on whatever he [Johnson] was convicted of and that's what he got. But, we don't concede to it being correct, that it's consecutive."

Gulino said he plans to file an appeal to the sentence this week. He has 30 days from sentencing to do so.

Johnson, who was homeless at the time of the shooting, was convicted May 12 in Dutchess County Court following a trial before Judge Edward T. McLoughlin.

He was convicted of second-degree murder, as well as three counts of second-degree criminal possession of a weapon and one count each of third-degree criminal possession of a weapon and first-degree reckless endangerment.

He was acquitted of the attempted murder of a woman working in the hotel.

Kutz, 53, was a guest at the hotel while visiting his son, a student at nearby Marist College, and was shot in the chest and torso when Johnson, during a confrontation with hotel employees, fired "numerous rounds" in the hotel lobby — then went outside and fired another 22 rounds, police and prosecutors said.

A co-defendant, Devin Taylor, 26, pleaded guilty in March to felony weapons charges and was previously sentenced to seven years. Taylor also pleaded guilty to the unrelated murder of Darren Villani in Poughkeepsie last August and was sentenced to 22 years-to-life in prison on that charge, records showed. Johnson was also charged in connection with Villani's death.

Dutchess Chief Assistant District Attorney Weishaupt also said: “Due to the egregious facts of this case, as  well as the immeasurable loss and trauma inflicted on the victims, my office recommended the maximum penalty allowable under the law. We are extremely pleased that Judge McLoughlin sentenced the defendant in accordance with our recommendation.”

A Suffolk County woman who was sitting with Kutz when he was shot has filed a $50 million civil suit against the hotel for failing to protect its guest. And a hotel employee, barista Olga Hostyeva, who was serving coffee to Kutz when Johnson opened fire, also has filed a $50 million suit against the Marriott chain, citing severe emotional distress and post-traumatic stress disorder.

According to records, those lawsuits are still pending.

By John Valenti

john.valenti@newsday.com

John Valenti, a reporter at Newsday since 1981, has been honored nationally by the Associated Press and Society of the Silurians for investigative, enterprise and breaking news reporting, as well as column writing, and is the author of “Swee'pea,” a book about former New York playground basketball star Lloyd Daniels. Valenti is featured in the Emmy Award-winning ESPN 30-for-30 film “Big Shot.”