April 6, 2004
By Herbert Lowe Ð Staff Writer
Queens prosecutors yesterday dropped the only charge against the bodega clerk who they said shot an armed robber in self-defense, prompting the alleged robberÕs attorneys to call for a state investigation.
In a letter to state Attorney General Eliott Spitzer, Devon KeittÕs attorneys questioned Òthe outrageous conductÓ of Queens District Attorney Richard A. Brown, whose office granted the clerk, Edwin Marte, immunity in exchange for grand jury testimony against Keitt on March 30.
ÒWe believe that the district attorneyÕs conduct is unethical and potentially illegal,Ó defense attorney Scott Brettschneider said in the letter.
Prosecutors contend Marte, 35, was defending himself when he shot Keitt, 23, of Crown Heights in the head after Keitt showed a gun and tried to rob the Ramon Food Market, off the Van Wyck Expressway in Ozone Park on March 24.
Marte was originally charged with misdemeanor criminal possession of a weapon Ð an unlicensed .38 caliber revolver Ð and would have faced up to a year in jail if convicted.
ÒThe claim is baseless,Ó BrownÕs spokesman, Patrick Clark, said of the letter.
KeittÕs attorneyÕs, Brettschneider and John Scarpa, told Spitzer that their client was merely a customer when shot.
ÒRemarkably, the offending store clerk, attempting to cover his illegal acts, called 911 and falsely reported that he was the victim of an attempted robbery,Ó the letter states.
MarteÕs attorney, Todd Greenberg, said he believed BrownÕs office thoroughly investigated the case.
ÒItÕs not the first time that the district attorneyÕs office would have to decide which side was telling the truth, and in this case, it rightfully concluded that Mr. Marte was telling the truth,Ó Greenberg said.
Keitt, who was being held on $35,000 bail, will be arraigned on charges of attempted robbery, menacing and weapon charges in State Supreme Court on April 13. If convicted, he faces up to 15 years in prison.
Parole officers conditionally released Keitt last fall after he served more than three years for possession of stolen property.
