Arrest made in shooting death of John Marcinak.

[DonMoose 3]

CARMEL — Investigators with the Putnam County Sheriff's Office have made an arrest in the Dec. 31 shooting death of Garrison tow-truck driver John Marcinak.

Source: LoHud

CARMEL--Putnam County Sheriff Donald Smith has announced that Anthony Grigoroff, 18, of Lake Peekskill, has been charged with second degree murder in the New Year's Eve death of Garrison resident John Marcinak. Grigoroff and others who have not been named were allegedly in the process of robbing Marcinak's Garrison Garage. When Marcinak interrupted the burglary, Grigoroff allegedly killed him. The suspect is also being charged with criminal possession of a weapon and two counts of attempted burglary. He is being held without bail at the Putnam County jail, and, if convicted, he faces a sentence of 25 years to life.

Per: PCNR via ajsbear

Edited June 10, 2009 by DonMoose

[markmets415 524]

hopefully they have a strong case and this individual is convicted, excellent news indeed.

[celticmedic643 2]

Good news indeed. Hopefully this gives a little closure to the family. The sign his kids made in front of the garage is heart breaking.

[pvfdtowman 8]

im glad that the sheriffs department finally made an arrest john was a good man i knew him mainly through the business i hope these little S.O.B.'s fry and suffer for what they did to a good man , devoted community servant , and a wonderful father

[JetPhoto 626]

Another reason we need the electric chair back

[JBE 328]

Wait a second, isn't commission of a murder in the commission of another felony Murder 1?? Or, was the law changed??

[JM15 386]

Wait a second, isn't commission of a murder in the commission of another felony Murder 1?? Or, was the law changed??

I was thinking that also. The burgulary was the underlying crime.

[pvfdtowman 8]

it all depends on the status of the burglary....meaning if its a commercial building and noone is around it can be classified as as misdemeanor but !!! if it is a home its considered a occupied dwelling therefore making it a violent felony due to the burglary being committed at a dwelling but i do agree burglary is a felony and he murdered john he should get murder 1

[helicopper 1,050]

it all depends on the status of the burglary....meaning if its a commercial building and noone is around it can be classified as as misdemeanor but !!! if it is a home its considered a occupied dwelling therefore making it a violent felony due to the burglary being committed at a dwelling but i do agree burglary is a felony and he murdered john he should get murder 1

All burglaries are felonies. Both murder in the second degree and murder in the first degree are Class A-1 felonies, the highest level of crime in the state. There is a mechanism to charge Murder 1 if the offense occurred during the commission of another violent felony but there are procedural issues for the prosecutors and court with charges of Murder 1.

The bottom line is they caught the %!@#*&K$ who killed John and they will be prosecuted! Good job, PCSO!

§ 125.27 Murder in the first degree.

A person is guilty of murder in the first degree when:

1. With intent to cause the death of another person, he causes the

death of such person or of a third person; and

(a) Either:

(i) the intended victim was a police officer as defined in subdivision

34 of section 1.20 of the criminal procedure law who was at the time of

the killing engaged in the course of performing his official duties, and

the defendant knew or reasonably should have known that the intended

victim was a police officer; or

(ii) the intended victim was a peace officer as defined in paragraph a

of subdivision twenty-one, subdivision twenty-three, twenty-four or

sixty-two (employees of the division for youth) of section 2.10 of the

criminal procedure law who was at the time of the killing engaged in the

course of performing his official duties, and the defendant knew or

reasonably should have known that the intended victim was such a

uniformed court officer, parole officer, probation officer, or employee

of the division for youth; or

(iii) the intended victim was an employee of a state correctional

institution or was an employee of a local correctional facility as

defined in subdivision two of section forty of the correction law, who

was at the time of the killing engaged in the course of performing his

official duties, and the defendant knew or reasonably should have known

that the intended victim was an employee of a state correctional

institution or a local correctional facility; or

(iv) at the time of the commission of the killing, the defendant was

confined in a state correctional institution or was otherwise in custody

upon a sentence for the term of his natural life, or upon a sentence

commuted to one of natural life, or upon a sentence for an indeterminate

term the minimum of which was at least fifteen years and the maximum of

which was natural life, or at the time of the commission of the killing,

the defendant had escaped from such confinement or custody while serving

such a sentence and had not yet been returned to such confinement or

custody; or

(v) the intended victim was a witness to a crime committed on a prior

occasion and the death was caused for the purpose of preventing the

intended victim's testimony in any criminal action or proceeding whether

or not such action or proceeding had been commenced, or the intended

victim had previously testified in a criminal action or proceeding and

the killing was committed for the purpose of exacting retribution for

such prior testimony, or the intended victim was an immediate family

member of a witness to a crime committed on a prior occasion and the

killing was committed for the purpose of preventing or influencing the

testimony of such witness, or the intended victim was an immediate

family member of a witness who had previously testified in a criminal

action or proceeding and the killing was committed for the purpose of

exacting retribution upon such witness for such prior testimony. As used

in this subparagraph "immediate family member" means a husband, wife,

father, mother, daughter, son, brother, sister, stepparent, grandparent,

stepchild or grandchild; or

(vi) the defendant committed the killing or procured commission of the

killing pursuant to an agreement with a person other than the intended

victim to commit the same for the receipt, or in expectation of the

receipt, of anything of pecuniary value from a party to the agreement or

from a person other than the intended victim acting at the direction of

a party to such agreement; or

(vii) the victim was killed while the defendant was in the course of

committing or attempting to commit and in furtherance of robbery,

burglary in the first degree or second degree, kidnapping in the first

degree, arson in the first degree or second degree, rape in the first

degree, criminal sexual act in the first degree, sexual abuse in the

first degree, aggravated sexual abuse in the first degree or escape in

the first degree, or in the course of and furtherance of immediate

flight after committing or attempting to commit any such crime or in the

course of and furtherance of immediate flight after attempting to commit

the crime of murder in the second degree; provided however, the victim

is not a participant in one of the aforementioned crimes and, provided

further that, unless the defendant's criminal liability under this

subparagraph is based upon the defendant having commanded another person

to cause the death of the victim or intended victim pursuant to section

20.00 of this chapter, this subparagraph shall not apply where the

defendant's criminal liability is based upon the conduct of another

pursuant to section 20.00 of this chapter; or

(viii) as part of the same criminal transaction, the defendant, with

intent to cause serious physical injury to or the death of an additional

person or persons, causes the death of an additional person or persons;

provided, however, the victim is not a participant in the criminal

transaction; or

(ix) prior to committing the killing, the defendant had been convicted

of murder as defined in this section or section 125.25 of this article,

or had been convicted in another jurisdiction of an offense which, if

committed in this state, would constitute a violation of either of such

sections; or

(x) the defendant acted in an especially cruel and wanton manner

pursuant to a course of conduct intended to inflict and inflicting

torture upon the victim prior to the victim's death. As used in this

subparagraph, "torture" means the intentional and depraved infliction of

extreme physical pain; "depraved" means the defendant relished the

infliction of extreme physical pain upon the victim evidencing

debasement or perversion or that the defendant evidenced a sense of

pleasure in the infliction of extreme physical pain; or

(xi) the defendant intentionally caused the death of two or more

additional persons within the state in separate criminal transactions

within a period of twenty-four months when committed in a similar

fashion or pursuant to a common scheme or plan; or

(xii) the intended victim was a judge as defined in subdivision

twenty-three of section 1.20 of the criminal procedure law and the

defendant killed such victim because such victim was, at the time of the

killing, a judge; or

(xiii) the victim was killed in furtherance of an act of terrorism, as

defined in paragraph ( B ) of subdivision one of section 490.05 of this

chapter; and

( B ) The defendant was more than eighteen years old at the time of the

commission of the crime.

2. In any prosecution under subdivision one, it is an affirmative

defense that:

(a) The defendant acted under the influence of extreme emotional

disturbance for which there was a reasonable explanation or excuse, the

reasonableness of which is to be determined from the viewpoint of a

person in the defendant's situation under the circumstances as the

defendant believed them to be. Nothing contained in this paragraph shall

constitute a defense to a prosecution for, or preclude a conviction of,

manslaughter in the first degree or any other crime except murder in the

second degree; or

( B ) The defendant's conduct consisted of causing or aiding, without

the use of duress or deception, another person to commit suicide.

Nothing contained in this paragraph shall constitute a defense to a

prosecution for, or preclude a conviction of, manslaughter in the second

degree or any other crime except murder in the second degree.

Murder in the first degree is a class A-I felony.

[JBE 328]

Agreed Chris, Thanx for clearing it up.

[MJP399 4]

Dang I think I taught this kid when he was in Second grade

[Guest chrisluvstef2]

Great job PCSO. These dirtbags should really pay for what they did and when the rest of them are arrested they should all get life in prison..

[JimmyPFD 11]

Would the D.A. increase the charges to Felony Murder if they feel it meets the criteria? Is there a realistic chance that they would increase the charges after handing down the initial indictment?

Edited June 10, 2009 by JimmyPFD

[INIT915 1,119]

it all depends on the status of the burglary....meaning if its a commercial building and noone is around it can be classified as as misdemeanor but !!!

Where'd you get that information?

[helicopper 1,050]

it all depends on the status of the burglary....meaning if its a commercial building and noone is around it can be classified as as misdemeanor but !!!

Where'd you get that information?

As I said above, all burglaries are felonies.

[Goose 188]

Glad to see the light at the end of the tunnel on this very sad case. Didn't know John well but worked along side him many times. Again, glad to see the hard work of all the law enforcement agencies involved paying off.

[INIT915 1,119]

As I said above, all burglaries are felonies.

I'm very aware of that. I was curious what his source was.

[NHFD21255 141]

I'm so glad they caught these dirtbags but it really dosent matter what they get charged with , They will NEVER get what they deserve as long as there in NY. I say try them in Texas , they'll fry for sure there.

[helicopper 1,050]

I'm very aware of that. I was curious what his source was.

I know YOU know.

I was making the point for those who had erroneous info!

[JimmyPFD 11]

I'm so glad they caught these dirtbags but it really dosent matter what they get charged with , They will NEVER get what they deserve as long as there in NY. I say try them in Texas , they'll fry for sure there.

I agree with your sentiment but the charges would make a big difference when it comes down to sentencing. This would have fallen under what had thought was the definition of Felony Murder.(?) Since they won’t fry; they should get the max charge and associated sentence for the crime.

Edited June 11, 2009 by JimmyPFD

[ny10570 745]

I agree with your sentiment but the charges would make a big difference when it comes down to sentencing. This would have fallen under what had thought was the definition of Felony Murder.(?) Since they won’t fry; they should get the max charge and associated sentence for the crime.

Jimmy, you have your terms screwed up. I think you're trying to ask about capital murder. All murders are Felonies. When NYS reenacted the death penalty I'm not %100 as to the requirements to make someone eligible for death, but it was struck down by the courts because of a requirement that the perp be at risk for killing again if they were ever released. In NYS no matter who, how, or why someone is killed they aren't getting the needle.

[BFD1054 1,552]

Good news indeed, hopefully they have a strong case and the prosecutors fry these skells! Unfortunately, whatever the punishment may be, it will not bring this man back to his family and the community that obviously loved him!

I hope that these SOB's drove past the different signs that Johns family would place outside the garage. I know that it wrenched my heart everytime id see one.

Good job PCSO and all LE agencies involved in this case!