Law enforcement officers respond to the shooting at the Courtyard...

Law enforcement officers respond to the shooting at the Courtyard by Marriott in Poughkeepsie on Oct. 2. Credit: Jeff Crianza

The man accused of killing an East Northport father of three during a shooting spree inside the lobby of a Poughkeepsie Marriott last October was convicted Friday of second-degree murder, according to Dutchess County prosecutors.

Roy Johnson, 36, who was homeless at the time of the shooting, was also found guilty of 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 in the attempted murder of a woman working in the bistro area of the hotel. 

The jury deliberated for a day and a half following a two-week trial before convicting Johnson of shooting and killing Paul Kutz, 53, who was at the Courtyard by Marriott while visiting his son, a student at Marist College, for a family weekend.

Johnson did not know Kutz, who he shot in the chest and torso during the chance encounter, prosecutors said.

"The Kutz family has been devastated in a way that we cannot comprehend nor change but we will hope this verdict will in some small way provide the family with the ability to move forward," Dutchess County Chief Assistant District Attorney Matthew Weishaupt said in a statement. "The family remains in our prayers."

Johnson faces 40 years to life behind bars when he is sentenced on June 26. He is currently remanded at the Dutchess County Jail.

"The egregious facts of this case speak for themselves and we will recommend the maximum penalty allowed by law," Weishaupt said. 

In a statement, Nathalie Kutz, the victim's widow, thanked the law enforcement agencies that worked on the case.

"We would also like to thank the jurors who convicted Roy Johnson with a guilty verdict today," she said. "Justice was served. However, Roy Johnson's actions on Oct. 2, 2022, has left our family with an unbearable loss that can never be healed."

Joseph Gulino, Johnson’s White Plains based defense attorney, said “the next step for us is to take the appeal on any factual or legal or procedural issues. So that’s our next step at this point.”

On the morning of Oct. 2, Johnson, who was seen roaming around the hotel in underwear, a trench coat, and a ski mask, began "cursing and yelling" at the hotel's front desk clerk, according to court papers

Johnson then turned and walked toward the seating area by the front doors, where he fired his semiautomatic Glock 17 at Kutz, an accountant who founded a financial services company in Great Neck, papers show.

Johnson, who was staying at the hotel with another defendant, Devin Taylor, 26, “continued to fire numerous rounds in the hotel lobby,” court records said, before going outside and firing another 22 rounds.

Johnson's gun, prosecutors said, was outfitted with a fixed pin, turning it into a fully automatic weapon. He then placed his weapon on a vehicle and walked back into the hotel, where he was arrested, police said.

Manuals related to the making of explosive devices, as well as materials with the potential to be used as explosives, were found by police searching the suspects' hotel room, officials said.

Olga Hostyeva, who was serving coffee to Kutz when Johnson opened fire in her direction, narrowly missing the barista, is suing the hotel chain for $50 million, citing severe emotional distress, post-traumatic stress disorder and other psychological injuries.

A Suffolk County woman, Tina Martirano, who was sitting with Kutz when he was shot, also filed a $50 million lawsuit against the hotel for failing to protect their guests.

Taylor pleaded guilty in March to felony weapons charges and was sentenced to seven years in prison with five years of post-release supervision.

He also pleaded guilty to the unrelated murder of Darren Villani in Poughkeepsie last August and was sentenced to 22 years to life in prison. 

Johnson is still facing a murder and robbery charge in connection with Villani's death.

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