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Aug 10, 2016 10:48 AMPublication: The Southampton Press

Lack Of Evidence Prompts Release Of Four Men Charged In May Double Stabbing Outside Hampton Bays Bar

Aug 10, 2016 11:24 AM

Prosecutors could not indict four men charged in the double stabbing outside a Hampton Bays bar in May, resulting in their release six days later, due to a lack of forensic evidence to present the case to a grand jury—a situation that could eventually lead to the dropping of charges.

Three of the four men—including Marvin Siciliano-Nunez, 20, of Hampton Bays, who was charged Friday with breaking into a Southampton Village home and sexually assaulting a 19-year-old woman—were released on their own recognizance on May 27. The fourth suspect, a Hampton Bays High School senior at the time, was handed over to federal immigration officials, according to authorities.

A source familiar with the case said investigators have video of the melee that took place outside of Charlie Brown’s Bar and Grill in the early morning hours of May 21, but it does not include footage of Mr. Siciliano-Nunez—and witnesses to the fight did not place him at the scene.

The four suspects were arrested hours after the stabbing after their vehicle was stopped a short distance from the club, and investigators had said at the time that some of the occupants had blood on them. But the source said Southampton Town Police detectives have not yet provided the county’s crime lab with Mr. Siciliano-Nunez’s clothing, or the clothing of any of his co-defendants in the case, for scientific blood analysis—information that could have helped prosecutors build their case.

Town Police detectives also did not take any photos of Mr. Siciliano-Nunez immediately after his arrest and, according to the same source, he said nothing to implicate himself when questioned by investigators. There is, in fact, a question whether there was probable cause to even arrest Mr. Siciliano-Nunez in connection with the CBs stabbings.

Town Police Detective Sergeant Lisa Costa did not immediately return an email about the case.

Southampton Town Justice Deborah Kooperstein had to release all four men, who had been held on $250,000 cash bail each following the double stabbing that left one of the victims in “grave” condition, because Criminal Procedure Law prevents prosecutors from holding suspects indefinitely.

Robert Clifford, a spokesman for District Attorney Thomas Spota, confirmed Monday the source’s report that nobody inside or outside the bar had identified Mr. Siciliano-Nunez as being a participant, and there is no forensic evidence connecting him to the crime.

Mr. Clifford also noted that Town Police detectives never recovered a weapon, described by witnesses as an estimated foot-long machete-type knife, used in the assault that took place in a parking lot near the Hampton Bays bar. Town Police this week acknowledged that they have not recovered the weapon used to injure the two victims, both Riverhead men, one seriously.

In addition to Mr. Siciliano-Nunez, Luis Linares-Chavez, 22, of Westhampton and Carlos Gutierrez-Zacupa, 23, of Flanders were released on their own recognizance on May 27 while the fourth suspect, Nelvin Ramos-Andrades, 18, of Hampton Bays and a high school senior at the time, was handed over to Immigration and Customs Enforcement, or ICE, for undisclosed reasons. All four men, including some who had blood on them at the time of their arrest, were charged with two counts each of first-degree gang assault, a felony punishable by up to 25 years in prison. All four men are in the country illegally, according to authorities.

Luis Martinez, the New York regional spokesperson for ICE, could not immediately explain why Mr. Ramos-Andrades was being processed by his agency.

Eileen Powers of Riverhead, the attorney representing Mr. Ramos-Andrades, declined to explain why her client was not indicted by prosecutors, or why he is now in the custody of ICE officials.

“That is a question for the DA,” Ms. Powers said in a phone interview Tuedsay. “I really don’t really have a comment. Thanks for your call,” she added before abruptly hanging up.

Town Police said a 30-year-old man was stabbed multiple times in the torso with a large knife during a scuffle outside the West Montauk Highway bar, injuries that required his hospitalization for several weeks. The other victim, a 23-year-old man, was also stabbed and spent two days in the hospital recovering.

Police arrested the four suspects a short distance from the scene after officers spotted Mr. Linares-Chavez’s 1999 Mitsubishi with Virginia license plates—the vehicle described as the getaway car by witnesses. He was additionally charged with driving under the influence of drugs or alcohol, a misdemeanor.

Antonio Salva of Bay Shore, the attorney representing Mr. Gutierrez-Zacupa, could not be reached for comment this week. Following a recent hearing, Mr. Salva said that his client did not stab anyone during the altercation and that Mr. Gutierrez-Zacupa was only at the bar to pick up his father’s car.

Mr. Siciliano-Nunez has since been arrested a second time—this time accused of breaking into a Southampton Village home and sexually assaulting a woman. He was charged by Southampton Village Police with first-degree burglary, second-degree burglary, first-degree sexual abuse and first-degree criminal sex act, all felonies. He was also charged with criminal obstruction of breathing or blood circulation, a misdemeanor.

Mr. Siciliano-Nunez is now being held at the Suffolk County Jail in Riverside after failing to post $2 million cash bail or a $4 million bond.

Mr. Linares-Chavez is due back in court on September 14, while Mr. Siciliano-Nunez, Mr. Gutierrez-Zacupa and Mr. Ramos-Andrades are tentatively scheduled to return on September 22.

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WOW, why were they not handed to immigration?
By knitter (1624), Southampton on Aug 10, 16 12:25 PM
WOW, why were they not handed to immigration? WOW what a country
By knitter (1624), Southampton on Aug 10, 16 12:25 PM
1 member liked this comment
We need to make sure we don't post anything "ugly", otherwise the editor may take this site down too. So I guess I am done since there is nothing "pretty" about any of this.
By HB Proud (889), Hampton Bays on Aug 10, 16 2:03 PM
1 member liked this comment
That is just great.
By dnice (2342), Hampton Bays on Aug 10, 16 2:04 PM
I guess the wind was blowing in the wrong direction and there were too many leaves on the trees again....
By Toma Noku (616), Southampton on Aug 10, 16 4:43 PM
Let's review:

First it was Town Justice Schiavonni's fault for releasing the alleged miscreants.

Then it was Town Justice Koopersteen's fault for releasing them.

Then it was Suffolk County DA Spota's fault for failure to indict.

Now it's the Southampton Town Police Detective's sloppy investigative work that's at fault.

I can't wait to learn to what Town Police Spokesperson Lisa Costa willl attribute this comedy of ineptitude -- the INS for failure to ...more
By Frank Wheeler (1809), Northampton on Aug 10, 16 4:43 PM
1 member liked this comment
Let's clarify and correct Frank Wheeler's review:

[1] Town Justice Schiavoni wasn't connected with the case at all. It wasn't her case. That was mistaken reporting which the Press corrected properly and forthrightly.

[2] Town Justice Kooperstein had no choice in the matter. She was unequivocally required by law to release the defendants without bail when the prosecutors didn't bring in an indictment within five days. She had no discretion at all in this.

[3] & [4] ...more
By Turkey Bridge (1927), Quiogue on Aug 11, 16 9:18 AM
1 member liked this comment
Hi, Frank, Yes. Like many of us, we've been following this one from the beginning.

You're timeline of "blame game/screw ups" is quite accurate.

The story got "hot" after Nunez was arrested a second time and his previous release was questioned. Now it's a scramble. I too cannot wait to hear what happens next.
By elliot (246), sag harbor on Aug 11, 16 9:19 AM
1 member liked this comment
Aw, TB, must've irked you somewhere else because in this "thread" you didn't "clarify and correct" anything I stated, only amplified it.

Town Justice Schiavoni was indeed connected with the case through the misreporting by The Press.

Every thing else is as I stated.

BTW, I didn't really "Like" your Comment, I just clicked on the wrong label.



By Frank Wheeler (1809), Northampton on Aug 11, 16 9:41 AM
Thanks, PW. I was waiting for someone to politicize the story. However you failed to specifically name Obama. You referred to him here but it's not considered good "trolling" unless you get really specific. Thanks for your valuable contribution.
By elliot (246), sag harbor on Aug 11, 16 9:23 AM
Mara Salvatrucha (MS-13) is an international criminal gang that originated in Los Angeles, California. It has spread to other parts of the United States, Canada, Mexico, and Central America. The majority of the gang is ethnically composed of Central Americans (mostly Salvadorans) and active in urban and suburban areas.

In the U.S., the MS-13 has an especially heavy presence in Los Angeles County and the San Francisco Bay Area in Northern California; the Washington, D.C. metropolitan areas ...more
By even flow (808), East Hampton on Aug 11, 16 9:51 AM
Quote:

"[I]nvestigators had said at the time that some of the occupants had blood on them. But the source said Southampton Town Police detectives have not yet provided the county’s crime lab with Mr. Siciliano-Nunez’s clothing, or the clothing of any of his co-defendants in the case, for scientific blood analysis—information that could have helped prosecutors build their case.
...
Town Police ...more
By highhatsize (3928), East Quogue on Aug 11, 16 10:09 AM
3 members liked this comment
Illegal entry into the US and released? How come that doesn't surprise me? Irregardless of the county's inability to produce an indictment, if in fact the 4 suspects gained illegal entry and were here illegally, this illustrates failure on a federal level. Sheriff DeMarco's policy on detaining immigrant inmates requires a written federal warrant. This policy was established to shield the taxpayers from any potential liabilities. I would suggest filling out an online HSI tip form at the US Immigration ...more
By Jay_Z (11), southampton on Aug 11, 16 12:16 PM
All the commentary in the blogging world will not resolve the problems we face today. If it walks and talks like a duck, its a duck! Our government is allowing this to happen. (very rational and concise statement by Jay_Z). Our American foundation has had holes blown through it by political-correctness and the legal system at large.

The woman attacked will feel no relief from any of our banter, she gets the burden to carry this with her for the rest of her life because no one is ...more
By wattssuo (8), East Quogue on Aug 11, 16 6:46 PM
2 members liked this comment
So if the stabbing had connections to MS 13 and one of the suspects went to HB HS, would that suggest there are other connections to the gang at the school. Or will the detective from SH assure us that there isn't.
By jams (127), hampton bays on Aug 12, 16 7:00 PM
Attorney for the perps used the Clinton defense. There was no intent.
By SlimeAlive (1137), Southampton on Aug 20, 16 6:20 AM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By Baymen87 (126), Lugoff, SC on Aug 17, 16 8:40 AM
1 member liked this comment
Lack of evidence actually means that the local departments are totally fed up with spending their days and nights dealing with illegals who the fed doesn't seem to care about. So why should they.

You want to vote lib, vote lib. But then you get this chaos. Own it- you limousine liberals
By SlimeAlive (1137), Southampton on Aug 20, 16 6:19 AM