111 Dr. Martin Luther King, Jr. Blvd.
White Plains, NY 10601
Tel: (914) 995-3586
Fax: (914) 995-2116
April 6, 2016 -- Acting Westchester County District Attorney James A. McCarty announced that Alvin Smothers (DOB 07/06/78) of 24 Lawrence St., Bloomfield, NJ was arraigned today on an indictment charging him with:
- one count of Murder in the Second Degree, a class "A" Felony,
- one count of Robbery in the Second Degree, a class "C" Felony
in the shooting death of Felix Kumi.
On Aug. 28, 2015 at approximately 3:25 p.m., in the area of Beekman and South Fulton Avenues in Mount Vernon, the defendant met with an undercover New York City Police Officer for the purpose of selling the officer two illegal handguns.
The undercover officer was driving in an undercover vehicle and a third individual, known to the officer as a gun seller, was present in the front passenger seat.
The defendant entered the rear passenger side of the car and the trio drove around in the area discussing the sale.
At 3:40 p.m., the car stopped in the vicinity of Beekman and Tecumseh Avenues and the discussion continued for a short time before the defendant pulled what appeared to be a handgun, pointed it at the officer and demanded the purchase money.
The undercover police officer complied, and the defendant exited the vehicle.
The undercover police officer then exited the vehicle at which point the defendant again pointed what appeared to be a handgun at the officer. The officer then fired his weapon at the defendant.
At the same time, the victim, an innocent bystander was walking on the sidewalk and was struck by bullets fired by the undercover officer.
The victim was shot in the torso and back. He was transported to Jacobi Medical Center where he died from his wounds.
This indictment is the conclusion of a six and a half month investigation into the events at issue.
Of note, the third person involved in the incident described as the gun seller, Jeffrey Aristy, has been charged by the Special Narcotics Prosecutor in New York County with a twenty-nine-count indictment including twenty-five charges related to illegal gun sales.
Smothers plead not guilty to the charges.
His next court date is April 20, 2016.
The defendant was remanded to the Westchester County Jail in Valhalla.
He faces an indeterminate sentence, the maximum term must be life, and the minimum term may be not less than 15 years nor more than 25 years.
Assistant District Attorneys Christine O'Connor, Bureau Chief of the Narcotics and Firearms Bureau and Perry Perrone, Bureau Chief of the Homicide Bureau are prosecuting the case.
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In compliance with Disciplinary Rule 7-107A of the Code of Professional Responsibility, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
