Testimony in Huntington Station murder case

An 11th-grade student at Walt Whitman High School in Huntington Station nervously told a jury Monday about the night he took part in a robbery, only for it to end with a man shot dead.

Lavell Leftenant, 16, entered the courtroom of state Supreme Court Justice Mark Cohen wearing an oversized shirt and suit and handcuffs. He shook his head and frowned as family members blew kisses to him from the audience as he was brought into the courtroom to testify against Ralph Guerrier, 26, of Huntington Station, on trial for killing Geremias Caceres, 39.

During questioning by Assistant District Attorney Glenn Kurtzrock, Leftenant testified that he was arrested two or three weeks ago, as both his school year and Guerrier's trial were getting started.

He said he is charged as a juvenile with murder and faces 9 years to life in prison, but in return for his testimony, he could get as little as 1 to 3 years or as much as 3 1/3 to 10 years.

Like co-defendant Gni Brown, 20, of Huntington Station, who testified last week, Leftenant described going out into the night of Jan. 24, 2010, to rob someone at Guerrier's urging. Each of the three carried a gun supplied by Guerrier, but Leftenant said his was unloaded. Eventually, they came across Caceres and his son, Dennis, then 17.

"Ralph and Gni ran up to them and told them to get on the floor," Leftenant said.

He said the younger Caceres did, telling his father, "Papa, get on the ground."

But Geremias Caceres instead told the robbers that all he had was his phone.

"Ralph just said, 'I'm going to just do him,' " Leftenant said. "Ralph fired. I turned and started running."

He ran through backyards to his house, about a block away. He said Guerrier told him to go inside. Brown testified last week that he and Guerrier threw the guns under a doghouse in Leftenant's yard, where police recovered them after arresting Brown and Guerrier that night.

Defense attorney Mary Elizabeth Abbate sought to delay Leftenant's testimony, arguing that his late appearance in the case left her unprepared to cross-examine him. Cohen gave her an extra day to prepare, but allowed Kurtzrock to question him Monday.

Abbate also asked that Leftenant not be allowed to testify about any discussion of Guerrier's past crimes, which included other robberies.

Kurtzrock said Leftenant told the others he didn't believe they'd done other robberies.

"That's why they got the bandannas and the guns, to commit this robbery," he said outside the jury's presence.

Cohen ruled, however, that any mention of prior robberies was prejudicial and would not be permitted.