Wednesday, January 26, 2005
LANDLORD SENTENCED TO 44 YEARS TO LIFE IN PRISON FOR PLOTTING NEAR-FATAL KNIFE ASSAULT ON TENANTS; HIRED SECOND FLOOR TENANTS TO ATTACK THIRD FLOOR OCCUPANTS TO FORCE THEM OUT OF RENT-CONTROLLED APARTMENT
Queens District Attorney Richard A. Brown announced today that a Queens landlord has been sentenced to 44 years to life in prison for plotting a near-fatal knife assault of two brothers who resided in a rent-controlled apartment in his building. The defendant was convicted of hiring the second-floor tenants of his Elmhurst, Queens three-story brownstone to attack the brothers who occupied the third floor apartment and force them to vacate their two-bedroom, rent-controlled apartment in which they resided.
District Attorney Brown said, “The defendant plotted the commission of a violent crime that was driven by his greed and which could have resulted in the death of two people. The prison sentence imposed by the court is more than warranted. The defendant has forfeited his right to his liberty.”
District Attorney Brown identified the defendant as Juan Basagoitia, 50, a landlord and building owner who resides at 40-18 Ithaca Street in Elmhurst, Queens, where the attack occurred and who was convicted on December 7, 2004 of Attempted Murder in the First and Second Degree, Conspiracy in the Second and Fourth Degree, Burglary in the First and Second Degree and Assault in the First Degree before Queens Supreme Court Justice John B. Latella Jr. who earlier today imposed the indeterminate sentence of 44 years to life in prison.
The second floor tenants –- Danny Machuca, 28, unemployed, and David Robles, 36, a truck driver, were previously convicted of attempted murder and other charges. Robles was sentenced to 40 years to life in prison. Machuca is awaiting sentencing.
According to the charges, on March 4, 2003, about 2:35 a.m. Robles and Machuca, while armed with knives, entered the third floor apartment of two brothers -- William, 35, and David Lavery, 40, -- through the kitchen window after climbing up the fire escape and then attacked, beat, slashed and stabbed them numerous times, causing them to sustain serious injuries that required surgery. The defendants fled through the same kitchen window and were arrested shortly afterward at the scene.
Detectives executed a court-authorized search warrant several hours after the near-fatal attack and recovered a knife, clothing and gloves apparently stained with blood and a knife from the second floor apartment they occupied.
According to trial testimony, the co-defendants, Robles and Machuca, entered the brothers’ apartment because they had been paid by the defendant to “get rid of” the brothers. Additionally, the testimony further established that the defendant agreed to pay Robles $2,500 to “take out” the brothers and that he paid Robles and Machuca $700 in cash in advance and agreed to pay them an additional $1,800 when the brothers were killed.
The defendant was arrested on Saturday, March 8, 2003. Co-Defendants Robles and Machuca were arrested on March 4, 2003.
The investigation was conducted by Detective James M. Osorio of the New York Police Department’s 110th Precinct Detective Unit under the supervision of Sergeant Larry Z. Fay and the overall supervision of Lieutenant Steve J. Jaworoski, Commanding Officer.
Assistant District Attorney Brad A. Leventhal, Deputy Chief, of the District Attorney's Career Criminal Major Crimes Bureau prosecuted the case assisted by Assistant District Attorney Valerie A. Batista under the supervision of Assistant District Attorney James W. Evangelou, Bureau Chief and the overall supervision of Executive Assistant District Attorney for Trials James C. Quinn and Deputy Executive Assistant District Attorney for Trials John H. Larsen.