Errol Irving, who had spent 20 years in prison for sodomy and incest, was found guilty today in Brooklyn Supreme Court in the 2011 stabbing death of his building’s super.
Jurors found Irving, 62, guilty of second degree murder in the death of Shayne Sinclair, 40, after what prosecutors contended was an argument over heat and hot water in the building on East 51 Street between avenues K and L.
Irving displayed no emotion when the verdict was announced and looked at each juror as the panel was polled.
Following the verdict, his attorney Albert Brackley said he was not surprised about the decision. He said he plans to file an appeal on the grounds that a New York Daily News article about the dispute that led to the killing should have been suppressed, and unfairly biased the jury against Irving. The story suggested that Irving had failed to pay his rent.
Irving, who testified on his own behalf, told the jury that he had paid his rent in full. He also testified that he did not recall stabbing Sinclair, who, he said, had punched him repeatedly in the course of their argument. But on the stand, Irving admitted that he had lied in a court document about his whereabouts that night, casting doubts on his credibility.
Sinclair’s sister, Sharon Henry, 40, responded to the verdict, “I am glad he is found guilty. That’s what he is.”
Assistant District Attorney, Bernarda Villalona, said of Sinclair’s infant daughter, “the child who was six-month-old will always have the memory of the last time she saw her dad was when she was outside and her dad was getting killed inside.”
Irving is facing 25 years to life in prison. Sentencing is scheduled for Oct 29.
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