Yonkers man to go on trial in death of firefighter

[x635 4,066]

Another great job by the court system, excellent timing! [/sarcasm]. Anyway, two words. Death penalty.

Yonkers man to go on trial in death of firefighter

By Rebecca Baker January 3, 2011

For the family of Yonkers firefighter Patrick Joyce Jr., who died fighting a house fire 15 months ago, the past two holidays have been difficult.

http://www.lohud.com/article/20110103/NEWS02/101030321/Yonkers-man-to-go-on-trial-in-death-of-firefighter

[newsbuff 286]

Death penalty.

Not in New York. Too many Liberals.

[ny10570 745]

Not in NY because the way the the death penalty requirements were written led to it being invalidated by the courts. Blame the conservatives who wrote the legislation.

[Bnechis 3,961]

Not in New York. Too many Liberals.

Not in NY because the way the the death penalty requirements were written led to it being invalidated by the courts. Blame the conservatives who wrote the legislation.

Let me get this straight...its the liberals & the conservatives who are to blame. Instead lets just call them by a common name....Politicians.

Hopefully, justice will be served and YFD members and the Joyce Family will find peace in that.

[JBE 328]

I don't think it has anything to do with who wrote the law, or their political affiliation. This guy won't get the needle. They can get him on Murder in the second degree, if you go by the NYS Penal Law.

2nd Degree Murder

Read section 2 and 3 of that. They got him dead to rights.

I have to admit, I am surprised they didn't throw Manslaughter or Criminally Negligent Homicide in as well.

[x635 4,066]

Let's not forget, this guy also severly injured other firefighters as well.

The fact that this guy, according to the article through his lawyer, make excuses for his actions and tries to blames others because he doesn't want to do life in prison is cowardly. He needs to man up to his actiions.

I hope that he is punished for that as well. I hope the Joyce family gets what they want for the punishment of this guy, but I also hope this menace is appropriately removed from society. I know he's not going to get the death penalty in NY because there's too many ways to challenge it, but it still disgusts me that the same people he affected are technically going to pay thousands, if not millions, for his housing, food, healthcare, protection, legal fees, etc for numerous years.

[SageVigiles 1,194]

Does NY have Felony Murder on the books? Is that being applied in this case?

[Goose 188]

send him to pine oil heaven.

[ems-buff 81]

As I said when it first happen... He should get death, or bread and water for the rest of his life NOTHING ELSE.. This ANIMAL ruined lifes of all kinds. From Patrick Joyce's Family to his brothers and sisters in the YFD. The Police Officers, Emergency Medical Personal who were all there. MYSELF included. I would love to see this SOB gets what his deserves. Not even a needle, that's to painless. Anyone ever seen the green mile.. When the guard forgot to wet the sponge.. Oopsss... I hope he burns in hell...

[INIT915 1,119]

I don't think it has anything to do with who wrote the law, or their political affiliation. This guy won't get the needle. They can get him on Murder in the second degree, if you go by the NYS Penal Law.

2nd Degree Murder

Read section 2 and 3 of that. They got him dead to rights.

I have to admit, I am surprised they didn't throw Manslaughter or Criminally Negligent Homicide in as well.

Why would they? There would be no reason to throw Manslaughter or Crim Neg Homicide into the mix. They are "Lesser Included" offenses and since, in NYS, sentencing for one criminal action means concurrent incarceration, you get no extra "penalty", rather, just a headache at trial, as you now have to introduce additional elements into the mix.

[helicopper 1,050]

Why would they? There would be no reason to throw Manslaughter or Crim Neg Homicide into the mix. They are "Lesser Included" offenses and since, in NYS, sentencing for one criminal action means concurrent incarceration, you get no extra "penalty", rather, just a headache at trial, as you now have to introduce additional elements into the mix.

Agreed. Also, if you include lesser charges and the defendant pleads guilty to one of them double jeopardy may attach and you lose the ability to pursue the murder charge. Murder is a class A-1 felony. Manslaughter is only a B and Crim Neg is a C. Why would you want him charged with lower offenses?

As for a felony murder statute in NY, yes there is a felony murder statute and I'm sure he's being charged appropriately by the DA. You should review the indictment if you want to know exactly what the charges are.

[JBE 328]

I'm not saying I wanted those additional charges thrown in. I'd like to see the guy hang for murder as well. I've seen those charges thrown in on murder cases before, at least manslaughter. It seems at times the prosecutors say, well, we may not get him for this, but we can get him for this.

[batt2 145]

Breaking news:

Accused Arsonist pleads guilty to Murder, Assult in death of Yonkers FF. Patrick Joyce, RES1.

[x635 4,066]

Breaking news:

Accused Arsonist pleads guilty to Murder, Assult in death of Yonkers FF. Patrick Joyce, RES1.

That's great news-thanks for the update. I bet it was the overwhelming presence of Yonkers FD and the Joyce family, and he not realizing that he can't get out of it. Only wish he had done it sooner to avoid the trial completly. Hopefully, he'll get life but I doubt more.

[efdcapt115 1,511]

Do they allow cameras in the courtroom in NY? I forget.....

[INIT915 1,119]

Do they allow cameras in the courtroom in NY? I forget.....

Generally no, but accredited media can make a motion to do so (which is generally always denied.)

[FDNYDCHI 38]

he plead guilty here is the link to the lohud article:

http://www.lohud.com/article/20110107/NEWS02/101070363/Guilty-plea-in-Yonkers-murder/arson-nets-20-year-sentence

[batt2 145]

Sentencing will be April 12.

[x635 4,066]

Just read the article. What great people the Joyce family are. I don't know if I could have their strength. I'm glad they are keeping his memory alive with positive things like his memorial foundation, and not negative things like this.

Peter Joyce, the victim's twin brother, said he was relieved that Murray and Kanych did not have to testify. He said his family holds no ill will against Roldan.

Also, we shouldn't forget about the others injured, and how this guy has made them suffer for the rest of their lives.

On another note.....

20 years to life? Isn't there such a thing as life without parole in NY? Or did he just cowardly take a plea deal because he was scared and knew he wasn't going to get out of it with a trial. Or maybe he got word or observed how NO ONE wrongs a Yonkers Firefighter and gets away with it.