NEW YORK (CBSNewYork) — A Long Island man has been indicted in connection with the June murder of Spumoni Gardens co-owner Louis Barbati.
Andres “Andy” Fernandez, 40, of Melville was arraigned Monday in Brooklyn Supreme Court charges of second-degree murder, first-degree attempted robbery and second-degree criminal possession of a weapon and ordered held without bail, Acting Brooklyn District Attorney Eric Gonzalez said.
Fernandez faces a maximum sentence of 25 years to life if convicted of the top count with which he was charged.
Barbati, 61, was ambushed by a gunman outside his Dyker Heights, Brooklyn home at around 7 p.m. on June 30. The gunman fired off shot after shot at close range, police said.
“We allege that this defendant was lying in wait outside the victim’s home, then ambushed and shot him to death in cold blood,” Gonzalez said. “This was a calculated and senseless murder of a beloved business man and I intend to prosecute this crime to the fullest extent of the law.”
Police believe Barbati parked his white sport-utility vehicle in front of his own garage, walked a few steps up the sidewalk, and through the gate where he was shot dead.
Barbati’s wife and two sons were just feet away inside their house as he was struck five times, police said, dying in his own backyard.
Barbati was carrying $15,000 cash and a loaf of bread in a bag when he was shot, but the killer did not take any cash, authorities said.
Surveillance images of Fernandez were distributed by the New York City Police Department and he was identified by several witnesses.
He was arrested by federal authorities on November 3, 2016.