June 22, 1999

WESTBURY MAN CONVICTED IN 1981 MURDER OF UNITED STATES CUSTOMS AGENT

Queens District Attorney Richard A. Brown announced today the conviction of a 43 year old Westbury, Long Island man, for the 1981 murder of a United States Customs Agent.

District Attorney Brown said, "Customs Agent George Spencer was shot and killed almost 20 years ago while attempting to capture an armed robber. He died a hero. Given the choice between subduing an unarmed would-be thief or going after his armed partner, Agent Spencer chose to pursue the defendant rather than allow him to escape with a gun through the streets of Queens."

District Attorney Brown identified the defendant as Derrick McCarthy of 32 Linwood Drive, Westbury. He was convicted after trial of two counts of murder, attempted robbery and possession of a weapon. The trial, which lasted 3 weeks, was held before Supreme Court Justice Thomas A. Demakos who will impose sentence on July 15, 1999. The defendant face a maximum sentence of 25 years to life in prison.

According to the trial testimony, Agent Spencer was at the home of a friend near 200^th Street and Hollis Avenue in Queens Village helping the friend repair a broken boiler when the car alarm of his 1979 BMW went off. The agent went out to the street and found Maurice Gittens, then 23 years old, of Jamaica inside his car. He attempted to arrest Gittens and was struggling with him when the defendant appeared in front of the car with a .9mm automatic aimed at the pair. It was testified that at that point the agent stopped fighting with Gittens and attempted to apprehend the armed defendant. The agent pursued the defendant into a nearby backyard where after an exchange of shots, the agent was mortally wounded.

The defendant was apprehended on May 13, 1998 by a joint NYPD/HIDTA Task Force after information was developed by the police that the defendant was living in Westbury, Long Island. Maurice Gittens is in federal detention awaiting disposition of federal immigration charges.

Assistant District Attorneys John A. Scarpa and Neil F. Gitin prosecuted the case under the overall supervision of Executive Assistant District Attorney Gregory L. Lasak.