NYPD officer charged with murder to be released on bail

 A Nassau judge Tuesday set a $500,000 bond for an NYPD officer charged with murder in the Farmingdale killing of his childhood friend after the defendant's attorney said his client told investigators the victim banged the cop's head on the ground, causing multiple injuries. 

Anthony LaPinta, the Hauppauge-based defense attorney for rookie cop Errick Allen, 27, of North Massapequa, presented evidence including the officer's statement to investigators at the scene that the victim was “banging [Allen's] head on the ground."

Allen was charged last week with second-degree murder in the shooting death of Christopher Curro, 25, of West Babylon, who was shot five times, prosecutors have said. 

On Tueday, LaPinta also cited 40 photographs taken of his client by Nassau police detectives at the scene of the May 12 killing in Farmingdale showing injuries suffered by his client on the night of the shooting. 

LaPinta said the evidence, which was turned over to him by prosecutors, supports his client’s self-defense claim.

“Those photographs clearly show injuries to his body, in particular to his face, to his neck, to the side of his head, to his chest, to his hands, to his arms, to his elbows, to his knees … all consistent with a recent struggle, an altercation that happened,” LaPinta said. “Those photographs speak volumes of what I would consider a very viable justification defense in this case.”

LaPinta also cited published reports of Ring doorbell footage claiming to contain the sound of shots Allen fired on the night of the killing.

“Those shots, I think it’s fair to say, are of very rapid succession, which would also support the defense theory here of a justifiable shooting on a self-defense theory,” he said.

LaPinta also argued in his bail request that Allen had extensive ties to the community as a Long Island native and an NYPD officer in the 109th Precinct in Queens. LaPinta added that his client did not flee the area between the time of the fatal shooting and his arrest.

 A district court judge had remanded Allen during his arraignment last week, but Acting Supreme Court Justice Robert A. Schwartz said he was moved by LaPinta’s arguments, despite prosecutor Joshua Gradinger's strenuous objection to bail and description of the fatal attack as “an exceptionally brutal, personal, intimate killing.”

Schwartz said that as part of Allen’s bail terms, he would have to wear an electronic monitoring device and surrender his passport, as well as any firearms in his possession.

Schwartz set bail in three forms, as part of the new bail reform law, $500,000 cash or bond or a partially secured surety bond in the amount of $500,000 with a 10% deposit required.

LaPinta said afterward that his client would likely post the surety bond Wednesday. 

“I feel in light of all the facts and circumstances that I’ve heard, including the defendant’s lack of a criminal record, his ties to the community and the fact that his family is willing to put up, or pledge, $500,000 in bail, I think would guarantee the defendant’s return to court,” Schwartz said. “Mr. LaPinta did point out the defendant, while he was being investigated for this crime, he didn’t flee even though it was likely that he was going to be arrested.”

Gradinger argued against any bail for Allen, but said if the judge was inclined, it should be “at the very least” $1 million.

Gradinger referred to Allen’s statement to detectives that Curro was banging the officer's head on the ground as a “self-serving statement” and reminded the judge that Allen fled the scene after the shooting.

“This defendant made the conscious decision to pull that trigger — not once, not twice, not three times, not four times, not five times, not even six, judge, no less than six times,” said Gradinger, including one shot that was at “extraordinarily close range.”

Gradinger, who also cited Allen’s own admission to detectives that he shot Curro, added that Allen failed to call 911 or render aid.

“He fled the location. And we don’t know where he went in the at least, at least, half an hour from the point in time that he killed Christopher Curro until the point in time that he returned to the scene with his stepfather," Gradinger said. "We don’t know what he was doing. We don’t know the origin of those injuries that Mr. LaPinta makes reference to.”

Gradinger also called LaPinta’s description of the Ring doorbell video a “mischaracterization” and said he was “mystified” as to why the defense attorney brought it up.

Instead, Gradinger said, the video is “powerful evidence that refutes any suggestion that this killing was committed in a legally justifiable manner.”

Allen appeared by teleconference in an orange jail jumpsuit and wore a face mask, which he lowered to answer the judge when asked if he understood the bail terms and that he could be locked up again if he failed to comply.

Allen answered: “yes, sir.”

LaPinta said in a statement after the proceeding:

“We are thankful that Justice Schwartz acknowledged the importance and relevance of this new evidence and modified the bail accordingly. There are many facts to support a justification defense that will vindicate Errick Allen of any crime. This is a terrible tragedy that has destroyed the lives of two childhood friends and their families. “

By Nicole Fuller

nicole.fuller@newsday.com@NicoleFuller

Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.