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Prosecutors rest case against Darrell Fuller, accused of killing cop, motorist

Accused cop killer Darrell Fuller leaves the Nassau

Accused cop killer Darrell Fuller leaves the Nassau County Courthouse on Friday June 20, 2014 in Mineola. Photo Credit: Howard Schnapp

Prosecutors rested their case Wednesday against the man accused in the 2012 slayings of Nassau Police Officer Arthur Lopez and a Brooklyn man, Raymond Facey, after trial testimony from nearly 80 witnesses over seven weeks.

"That is the people's case," Assistant District Attorney Michael Walsh said, ending a day in court punctuated by the account of another eyewitness against first-degree murder defendant Darrell Fuller.

Jurors also heard from criminalists who said DNA tests showed Facey's blood was found on sweatpants and a sweatshirt linked to Fuller, 34, of Queens.

Attorney Kenneth St. Bernard of Mineola rested the defense case without calling witnesses.

Prosecutors say that on Oct. 23, 2012, Fuller fled a crash scene and then killed Lopez with a bullet to his heart during a traffic stop at 241st Street and Jamaica Avenue near the Nassau-Queens border.

Fuller then drove his damaged car a short way south on the Cross Island Parkway, shot Facey in the head and stole his car to escape the area, authorities contend.

Emotions leaked out at times Wednesday in the Mineola courtroom, with Lopez's sister walking out with Facey's widow at one point to comfort her after eyewitness testimony.

Queens resident Evelyne Marc-Charles, a 24-year-old Hofstra student, testified she was driving by when she saw Fuller emerge from a banged-up Honda and walk up to a motorist who had pulled over in a Toyota Camry.

She said the man in the Toyota -- Facey, a 58-year-old construction worker and immigrant from Jamaica -- was on the phone and she saw Fuller reach into the car.

"And then I saw the gentleman's body go limp," Marc-Charles said, describing how she next saw Fuller pull the man out of the Toyota, get into it and speed away.

During cross-examination, Marc-Charles agreed she never saw a gun or heard a gunshot.

The case resumes Friday, when lawyers will give closing arguments before jury deliberations begin.

Acting state Supreme Court Justice Jerald Carter dismissed a juror Wednesday because of a scheduling conflict related to a family reunion abroad, and put an alternate on the panel.

He also said jurors would not have to consider one of three first-degree murder charges against Fuller after prosecutors agreed the change would simplify things. The count was based on a theory that both homicides were part of the same criminal act.


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