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May 9, 2014 6:38 PMPublication: The Southampton Press

Man Charged In Noyac Home Invasion Takes Plea Deal

May 14, 2014 10:06 AM

The Tuckahoe man who was arrested and charged last week with stealing $1,800 during a drug-related home invasion-style robbery last fall in Noyac accepted a plea deal on Friday afternoon that will keep him out of jail, according to his lawyer.

Daniel Claud, 19, pleaded guilty to attempted second-degree robbery, a felony, in Suffolk County Criminal Court in Riverhead in exchange for time served and probation, according to his attorney, Daniel Rodgers of Southampton Village. The deal did not involve identifying the other man involved in the robbery, who remains at large, according to Mr. Rodgers.

Mr. Claud was accused of entering a home on Widener Lane in Noyac with another masked man in October 2013 and holding several occupants of the house at gunpoint while stealing $1,800 cash. Town Police Detective Sergeant Lisa Costa said this week that Mr. Claud and his accomplice knew the victims were selling marijuana and would have a large amount of cash in the home. She added that the house was not a known drug dealing location.

After an extensive investigation by detectives, Mr. Claud was arrested by Southampton Town Police last Thursday, May 8, after they picked him up near his home and took him to police headquarters for questioning. He was subsequently charged with first-degree robbery and first-degree burglary, both felonies, as well as fourth-degree criminal possession of a weapon, a misdemeanor.

Both felonies could have carried a maximum sentence of 25 years in prison, while the misdemeanor charge could have carried a maximum sentence of one year.

None of the stolen money has been recovered, and police are still looking for the other suspect.

Mr. Rodgers said the plea deal came about because the prosecution had a weak case against his client that would not have stood up during trial.

“This was a kid that was looking at five to 25 [years] in a state prison based on his original charges—first-degree robbery is taken very seriously,” he said. “This reflects more the weakness of the case than anything.”

Robert Clifford, a spokesman for Suffolk County District Attorney Thomas J. Spota, said the decision was made to offer a plea based on the findings of Mr. Spota’s office and Town Police investigators. “This disposition is based on our criminal investigation of this matter in consultation with the Southampton Town Police Department,” Mr. Clifford said.

Det. Sgt. Costa said that despite the reduced charges, Mr. Claud, who had no previous convictions, still was convicted of a felony and will remain on probation for the next five years, which she said could include random drug testing and searching his home at any given time.

Other than the eight days he spent in the Suffolk County Jail in Riverside, Mr. Claud will serve no additional time behind bars. Mr. Rodgers said the court also granted Mr. Claud, who was 18 at the time of the robbery, youthful offender status, meaning his court documents will be sealed. That status, however, could be revoked by the court if Mr. Claud violates the conditions of his probation.

Mr. Rodgers added that the prosecution originally offered to drop the charges to a lone misdemeanor if Mr. Claud revealed the name of the other suspect, but his client refused. “He didn’t want to jeopardize his safety,” Mr. Rodgers said. “He lives in the area, his family has deep ties in the community, so he made a calculated decision.”

Now that he’s been released, Mr. Claud plans on finishing his senior year at Southampton High School, where he’s an honor student, according to Mr. Rodgers.

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What a joke!
By chief1 (2786), southampton on May 9, 14 11:43 PM
A previous post indicated his father was a NYS Trooper. I don't begrudge LEO's or their families special treatment for minor transgressions but this is home invasion under threat off physical harm or death - major felony. Staying out of jail is exceptional special treatment. Unacceptable.
By Funbeer (272), Southampton on May 10, 14 1:42 AM
1 member liked this comment
Travesty!
By itsamazing (223), Southampton on May 10, 14 1:58 AM
I don't know what is so shocking to everyone about this. Page 2 of the SH Press is full of the same 15 people for the last 20+ years. You have to give the youngster a chance. An armed home invasion robbery with the added plus of holding hostages at gun point portends great things for this youngster. Crime pays.
By bjoners (13), southampton on May 10, 14 6:23 AM
Exactly what part of the "deal" deal did the People get out of this? Cui bono? Except for the accused, of course! It was an "armed home invasion" which means that a weapon was involved? A guy returning to his home state declares his handgun at the Islip-Mac security check-point and is arrested for not having a NYS Pistol License, gets worse than this!

If this is the best the East End DA's office can do, Spota needs to clean house -- probably starting with himself!
By Frank Wheeler (1823), Northampton on May 10, 14 11:58 AM
This story made my eyes cross. Did the detectives drop the ball here? Sure seems that way. May Mr. Claud and anonymous suspect be met with equal or better firepower should they decide to invade another home.
By double standard (1506), Remsenburg on May 10, 14 12:51 PM
1 member liked this comment
Wondering if Mr. Claud and his family have thought this plea deal through? From the end of the article:

"He didn’t want to jeopardize his safety," Mr. Rodgers said. "He lives in the area, his family has deep ties in the community, so he made a calculated decision."

What good are "deep ties" in the community if the family lets the other attacker go free, and remain anonymous to the public?

What about the dangerous person wandering around incognito?

How do ...more
By PBR (4952), Southampton on May 10, 14 2:09 PM
3 members liked this comment
Couldn't agree more. If that happened to my family, I'd want justice and would make a huge stink if I didn't get it.
By double standard (1506), Remsenburg on May 10, 14 5:58 PM
When you encounter a psychopath with friends in both high and low places you learn very rapidly that are extraordinarily dangerous people.

They have the capacity to commit the crime and not do the time. They commit the crime without a second though and have no regard for their victims and in the rare instance the do get locked up it's like sleep away camp for the criminally insane where they build the skills to hone their craft. They come out even more dangerous than they were before.

IMO ...more
By user.name (46), the jungle on May 10, 14 8:42 PM
True, there are always circumstances that we don't consider. The long and short of this is a family was terrorized, one kid got caught and walked, and they let him walk without giving up his accomplice. If the family can't take the SHPD and/or the DA's office to task, then someone should. We still have laws.
By double standard (1506), Remsenburg on May 11, 14 6:31 AM
Does the circle of abuse here include bullying issues at SHS, as reported in 2011?
By PBR (4952), Southampton on May 11, 14 8:40 AM
Winder lane is on North Sea off of Roses Grove Road. The plea deal is totally unacceptable. When will he strike again!
By North Sea Citizen (564), North Sea on May 10, 14 6:47 PM
In less than a week this guy is arrested, charged, and given a sentence that includes his record being sealed? I knew some BS would go on since this guys dad was a x cop. Nice job!
By chief1 (2786), southampton on May 10, 14 7:20 PM
1 member liked this comment
Mark this in stone -- Ditto to chief1.

The DA's office has some explaining to do IMO, plus the SHT PD about the "weak case" with eye witnesses as victims?

Hopefully the Press will dig deeper here . . .
By PBR (4952), Southampton on May 10, 14 7:29 PM
A 2011 27east article may be of interest.
By PBR (4952), Southampton on May 10, 14 7:34 PM
OMG
By Shinnecock Hills family (59), Southampton on May 10, 14 8:01 PM
The D A' S office needs to explain this one. They should of held this creep in jail until he gave up the other guy. Who did the weapons belong too?In my opinion this is bad reporting or facts are being withheld.
By chief1 (2786), southampton on May 10, 14 10:13 PM
What is the lesson here? A) Trust the police and trust the system to administer justice? Or B) Justice is arbitrary so protect yourself and administer it to the best of your ability if someone enters your home.
I think the SHPD and SHDA have provided the answer in a clear and concise manner.
By double standard (1506), Remsenburg on May 11, 14 6:46 AM
No need to fret, you'll be reading about this guy shortly. Why in God's name would he stop? The message to the gooey brain of a 19 year old is quite simple .

Step 1 - Commit crime
Step 2 - Have Dad call the right people to make the problem go away.
Step 3 - Buy and learn how to use weaponry to eliminate Steps 1 and 2
By bjoners (13), southampton on May 11, 14 6:56 AM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By double standard (1506), Remsenburg on May 11, 14 7:04 AM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By chief1 (2786), southampton on May 11, 14 7:17 PM
how about a picture of this criminal so we can all see what he looks like?
By baymen (26), hamptonbays on May 11, 14 9:55 PM
My understanding of the situation is that the victims recognized his voice, as he and his partner wore masks. Yes, his father is an ex-trooper but I doubt he has the kind of "connections" that could make this go away. This occurred in October of last year...if the case was solid, they would have picked him up then. Last I checked voice recognition is hard to prove. You can't have someone in court point to him and say it was him, I didn’t see his face but I recognized his voice this isn’t ...more
By pstevens (406), Wilmington on May 12, 14 11:25 AM
Any chance this is related to the 2011 alleged bullying at SHS?
By PBR (4952), Southampton on May 12, 14 1:35 PM
1 member liked this comment
Sorry Stevens the facts arent making any sense. I never in my life have seen someone arrested for a violent felony, a plea given, and no jail time given in such a short time period. This is laziness by the DA. The judge in this case should not except this plea, and as taxpayer s we need an explanation. If we can't convict such an obvious crime why do we even have a PD? Didn't the defendents atty admit his client knows the other attacker? I'm not understanding ing this.
By chief1 (2786), southampton on May 12, 14 12:12 PM
1 member liked this comment
Like I said Chief, what's done in the dark always comes to light...if there is more to this than is being said...it will come out one way or the other. in the press...the street...it will come out. Actually its been out since October, but as you can see not easily proven.
By pstevens (406), Wilmington on May 12, 14 2:26 PM
This is the same family who berated the Southampton School board and anyone else who would listen because their boy is part Cherokee and part Black. Mr. Claud, who said his heritage is both African-American and Cherokee, scolded the district for disciplining Native American and black students more harshly—with more frequent and longer suspensions, for example—than other children for similar offenses.

from 10/05/2011 SH Press:

“I stand before you tonight because ...more
By bjoners (13), southampton on May 13, 14 7:24 AM
As a person of color and graduate of Southampton Schools, his dad was right. He said aloud what we've always known. The fact his son went on to invade someone's home at gun point does not change that.
By pstevens (406), Wilmington on May 13, 14 1:01 PM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By bjoners (13), southampton on May 16, 14 9:42 AM
Its always someone else making kids do bad things. Could it ever be bad up bringing and bad parenting?
By chief1 (2786), southampton on May 13, 14 7:52 AM
1 member liked this comment
NO JAIL???Armed robbery holding hostages and NO JAIL?Hail the attorney!
Bravo Southampton Court!
Did he had to kill someone to be locked?
Next time soon!
By dany (33), Water Mill on May 13, 14 11:23 AM
So, the attorney wants me to believe he worries about his "safety" but he is committing armed robbery and holding people at gunpoint hostage. Right.

My only guess is that the police report couldn't be corroberated (likely no proof there was a gun) and thus their case was very weak. Talk about a slap on the wrist though.

"The attorney added that the prosecution originally offered to drop the charges to a lone misdemeanor if Mr. Claud revealed the name of the other suspect, ...more
By Nature (2966), Hampton Bays on May 13, 14 12:13 PM
Apparently there was a robbery in Remsenburg last night. The people were home and someone broke in through the front door. I guess that explains the helicopters flying around last night.
By double standard (1506), Remsenburg on May 13, 14 1:30 PM
There is a new article out on this.
By PBR (4952), Southampton on May 13, 14 4:54 PM
1 member liked this comment
Hopefully the Press is following up with, among others, "Town Police Detective Sergeant Lisa Costa [who] could not be immediately reached for comment Friday evening."

Lots of unanswered questions here . . .
By PBR (4952), Southampton on May 13, 14 2:02 PM
The updated article in this week's Press definitely underwhelms with Ms. Costa's explanations. Presumably it will be posted in the next day or two.

The money has not been recovered and the other suspect remains at large. Remind anyone else of Sister Walsh's hit-and-run investigation from almost two years ago?
By PBR (4952), Southampton on May 14, 14 5:32 PM
The article above is the updated article apparently.
By PBR (4952), Southampton on May 14, 14 5:50 PM
The lawyer said the case would not stand up in trial but, yet his client takes a plea deal. If it wouldn't stand, why not fight it? Remind me not to use you, please! Weakness of the case? He got charged didn't he? Your horrible. The decision was made by the judge and jury not because how good you think you are. He would have a better chance with Colin Ferguson. Lol
By khan (36), hampton bays on May 13, 14 2:49 PM
That response is somewhat hard to follow...

That being said, even if the lawyer is convinced it would not stand up to trial, who in their right mind would turn down that deal? No harm no foul. He already served the 8 days and the record gets sealed. Going to court would only cost him $$$
By Nature (2966), Hampton Bays on May 13, 14 3:47 PM
Deep ties to the community kept him from giving up his accomplice? Perhaps those ties to the Claud family should be re examined.
By AL (82), southampton on May 15, 14 7:35 AM
1 member liked this comment
In other words he did not want to put his family in danger by giving up the name of his partner in crime. I'm pretty sure he was also thinking about his own skin too.
By pstevens (406), Wilmington on May 15, 14 4:34 PM
I don't personal know this young man So for that reason I can not say what he did or didn't do. I do live in the area where this ( home invasion ) took place. . Wake up town police !!!! Everyone in the area knows what's going on in that home But You???? Young man I hope you've learned a hard lesson. Because there doing wrong does not mean you should have. Sometimes we need to set examples for our youth!!!! I don't understand why you protected this other person. But I do commend you, do you really ...more
By Lets be real (2), Southampton on May 15, 14 1:00 PM
I don’t understand why you commend him for protecting the other person. A commendable act would have been for him to come forward and admit that he did it back in October when he committed the crime. You don't need to say what he did or didn’t do; his acceptance of the plea is acknowledgement of his guilt. I think his motives for protecting the other person, are self serving at best, with some concern for his family but for the most part out of concern for his own skin. As far as setting ...more
By pstevens (406), Wilmington on May 15, 14 4:50 PM
Well said, pstevens.

" . . . never wanted for anything . . . "

Hopefully this includes the maturity, however nascent, to know what a turning point this could be in his life.

For good or evil . . .
By PBR (4952), Southampton on May 15, 14 5:19 PM
1 member liked this comment
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By Crixus (4), Southampton on May 15, 14 10:16 PM
This is a failure of our justice system. Armed robbery and he serves 8 days. That's a joke.

What about the owners of the drug house? Seems like more than one crime was in progress here. Or is dealing drugs OK if you're robbed at gun point?

And shame on the Press - know your town - Widner Lane is in North Sea not Noyac. What other errors did you make in the article?
By scottso (18), southampton on May 16, 14 9:56 PM
Why is a convicted felon attending Southampton High School?
By April1 (156), Southampton on May 17, 14 5:42 AM
That's an easy one to answer. Just look up U.S. Departments of Education and Justice Release School Discipline Guidance Package to Enhance School Climate and Improve School Discipline Policies/Practices.
By bjoners (13), southampton on May 17, 14 6:58 AM
because there is no law against it.
By pstevens (406), Wilmington on May 22, 14 4:19 PM
Get used to this type of occurrence, President Milk Toast wants to legalize marijuana and he, along with our AG, Eric Pot Holder, want to let drug dealers out of prison. Not very well covered by the media is the fact that cheap heroin is flowing into Colorado, the drug cartels are not going out of business, they are changing their product line. Rightly the Press editorializes the loss of a local youth to heroin. We however need to approach the problem from every angle. Right now letting 70,000 ...more
By TheTurtle (143), Southampton on May 17, 14 4:31 PM
India's cannabis prohibition poured gasoline on the proverbial fire. As a result of the "Drug War", the cannabis money finances the heroin trade thanks to black market dollars. Who do you think pushed for cannabis to be completely illegal in India?

The prohibition ain't helping...
May 17, 14 5:56 PM appended by Mr. Z
BTW, India's drug policy was made law in 1985.
By Mr. Z (11670), North Sea on May 17, 14 5:56 PM
Benchmark to India? We should freeze legalization and study Colorado. It won't happen, the tax is like crack to politicians. I don't think legalization will help the 47 % on the dole? In the end more inner strength will be needed to experience the American dream. Perhaps those newcomers from asia and india who are successful here can share the secrets.
By TheTurtle (143), Southampton on May 17, 14 10:05 PM
You should read up on the Opium Wars first.
By Mr. Z (11670), North Sea on May 18, 14 10:46 AM
No, nobody should read up on the Opium Wars first. So weird.
By Schandra (11), Sag Harbor on May 21, 14 5:48 AM
The English were one of the first "cartels" dealing in China. It's not "weird", it's relevant.
By Mr. Z (11670), North Sea on May 22, 14 4:32 PM
Meh. This isn't any kind of real story. Dad's a cop, kid robs a drug house at gun point. Entire thing is swept under the rug and disposed of before anyone really knows what happened.

Meanwhile the real story is happening all around you. The real estate and rental market is looking better this season and when you see how nice the show house is this summer...
By Schandra (11), Sag Harbor on May 18, 14 5:55 AM
His father hasnt been a cop for a very long time.
By pstevens (406), Wilmington on May 22, 14 4:21 PM
Well, that's Spota, the Cops and our local Judges working hard yet again! But not for any of us...... Losers!
By G (339), Southampton on May 21, 14 6:58 PM
This story is UNBELIEVABLE!
By wt1967 (2), Holmes on May 22, 14 12:23 AM
Interesting the story has now been updated to reflect that this was a drug related robbery...the kid knew they sold pot, I guess he thought they wouldnt call the cops. I wonder if the police will be watching the occupents of that house now...
By pstevens (406), Wilmington on May 22, 14 4:21 PM
Funbeer - Why should LEO'S and their families get special treatment even for minor transgressions???????????
By baseball (5), westahmpton beach on May 22, 14 4:42 PM
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