'Sopranos' actor cleared of New York cop's murder

Mon Dec 22, 2008 5:36 PM EST

us-news, entertainment, trial, actor, sopranos, sopranos-actor, lillo-brancato

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NEW YORK — A slain police officer's sister reacted with disgust after a jury cleared a former actor on "The Sopranos" of her brother's killing during a botched burglary three years ago.

Lillo Brancato Jr. on Monday was convicted of a lesser charge of attempted burglary. He faces from three to 15 years in prison; the former actor could get credit for time served because he has been behind bars nearly three years.

"What message is this sending out to the New York City police officers today? It's wrong," said Yolanda Rosa Nazario, sister of the victim.

Prosecutors said Brancato, 32, and accomplice Steven Armento broke into a basement apartment to steal prescription drugs after a night of drinking at a strip club in December 2005. Officer Daniel Enchautegui (En-chow-TAY'-gee), who lived next door and was off duty, came out to investigate.

Armento blasted the 28-year-old officer with his .357 Magnum, hitting him in the heart. The dying officer fired back, wounding both men. Armento was convicted earlier this year of first-degree murder and was sentenced to life in prison without parole.

Brancato, who acknowledges problems with drugs and alcohol, said he was unaware Armento, 48, was carrying a weapon. He also argued he did not directly take part in the killing and was not armed.

During the gunbattle, Enchautegui was struck once and Armento was hit six times. Brancato, who drove the car to the apartment, was shot twice.

Brancato was led out of court in handcuffs. His sentencing is Jan. 9, and District Attorney Robert T. Johnson said he would seek "the maximum sentence that the law allows."

"This would not have happened if not for this animal's drug habit," said Patrolmen's Benevolent Association head Patrick Lynch. "The only good thing is that this skunk is not walking out to spend Christmas with his family. The sad part is that neither is Daniel."

Said Police Commissioner Raymond Kelly: "We hope that the family and friends of Daniel Enchautegui find some comfort in the fact that at least one in the pair responsible for his death was convicted of murder."

Brancato rose to fame in the 1993 movie "A Bronx Tale," playing a young kid from the neighborhood who is torn between two worlds and two men: a local mobster played by Chazz Palminteri and his straight-and-narrow bus-driver father, played by Robert De Niro.

Other roles followed, most notably a stint on the second season of "The Sopranos," where he played a bumbling aspiring mobster. His character carried out a series of low-level crimes for the New Jersey mob before being gunned down by Tony Soprano and his sidekick as he tearfully begged for his life.

During the trial, Brancato tried to deflect suggestions by the prosecution that his testimony — at times punctuated by vignettes about his drug-crazed downfall — was another acting job.

Brancato's attorney, Joseph Tacopina, said his client was relieved with the verdict. "There was never going to be smiles," he said. "This is not a case that warrants that."

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Jim Fitzgerald's Column, All of Newsvine
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1.4

{"commentId":4527462,"authorDomain":"drod3130"}

Joe-764111

Wow he must be relieved he was cleared. I bet he took a page out of The Sopranos and said when he was cleared.

{"commentId":4527462,"threadId":"451691","contentId":"2239312","authorDomain":"drod3130"}

#1 - Mon Dec 22, 2008 7:47 PM EST

{"commentId":4527688,"authorDomain":"caroaber"}

caroaber

This verdict comes as a disappointment to me because I believe both men were acting in concert, and therefore shared responsibility for each other's actions.

Last week saw a similar acquittal in the shooting murder of one of the defendants charged in the Brooklyn murder of 23 year old Officer Russel Timoshenko. The defendant claimed he was only the driver, yet his brothers in crime shot up two on-duty uniformed policemen.

When criminals decide to commit crimes together, they share a measure of responsibilty for each other's actions.

Brancato's adopted parents (he was born in Colombia and adopted as a baby and brought to the U.S.) will get to enjoy their son's company again. Not so for the family of the slain off-duty Officer Daniel Enchautegui.

Clipped to The Thin Blue Line. (And a shout-out to my colleagues at The Bronx Hall of Justice who worked this taxing case.)

{"commentId":4527688,"threadId":"451691","contentId":"2239312","authorDomain":"caroaber"}

#2 - Mon Dec 22, 2008 8:20 PM EST

{"commentId":4530101,"authorDomain":"adventurebooks"}

Robert Blevins - AB of Seattle

If I were Brancato, I wouldn't celebrate quite yet.

The prosecutor is going for the maximum 15-year sentence on the attempted burglary charge.

And since the death of an NYPD officer is involved, he may get it.

Sentencing is January 9.

Now this may not sound like justice, since the two men were in accord on the crime, but consider this: If the police officer had pulled his gun and Brancato had the murder weapon, would he have actually killed the officer?

Maybe not. Perhaps like most sensible folks, he would have tossed it away and done the smart move. In any case, he wasn't carrying a gun and he did not make the choice to shoot anyone.

So perhaps fifteen years in prison is justice for his part in the crime. With one-third off for good behavior, that's still ten years behind bars.

{"commentId":4530101,"threadId":"451691","contentId":"2239312","authorDomain":"adventurebooks"}

2 votes

#2.1 - Tue Dec 23, 2008 5:01 AM EST

{"commentId":4533727,"authorDomain":"waltergdr"}

Walter James

There is no good time or time off for good behavior in the state of New York. If you get 15 years as a minimum, you will do the whole 15.

Regarding a police officer being killed, this is a terrible shame; however, it is a terrible shame for the murder of any human being. I don't see why there has to be any disparity in sentencing just because a police officer was murdered. The same sentencing should apply as it would for the murder of anyone.

There may be many disappointed with the jury's verdict; nonetheless, Brancato was found not guilty of murder. The jury examined the evidence and were privy to all the details of the case. Anyone else other than a juror who desired the opposite based on their emotion and not the true facts of the case needs to take a good look at the injustice behind convicting someone based on one's emotion. Such a thing would be just as unjust as the senseless murder of Daniel Enchautegui.

If there is any truth to the contention that Brancato had no idea his co-defendant was armed, had no intention of such violence, and did not pull the trigger; then he should not be held responsible for the murder. Moreover, to seek the maximum because one is not satisfied with the verdict would be an example of undermining the justice behind the best justice system of the world.

Accept the Jury's decision, trust our system, and understand that any justice system should be about only accomplishing justice and not for the purpose of satisfying the desires of those seeking an eye for an eye and/or a pound of flesh.

{"commentId":4533727,"threadId":"451691","contentId":"2239312","authorDomain":"waltergdr"}

#2.2 - Tue Dec 23, 2008 1:01 PM EST

{"commentId":4558503,"authorDomain":"Mindart"}

Mindart

Walter James, I agree with what you said for the most part. I do think that Brancato Jr. is guilty of being a scumbag with a drug problem but that was not what he was on trial for. The jury heard all the evidence and cleared him based on this. Where were you to make the same arguement for OJ Simpson's criminal trial verdict since he was also found not guilty based on evidence? Yet, people like you seem willing to argue for accepting the jury in the case of people like Brancato Jr. but not with Oj However, to wish that both OJ and Brancato Jr. were sentenced differently because of their celebrity status is just as unjust as the senseless murders of Daniel Enchautegui and Nicole Brown Simpson. However, like you said, any murder is senseless and there really shouldn't be any distinction between the sentence a defendant receives for a police officer's murder and the sentence for murdering a non law enforcement citizen like Nicole Brown Simpson. There also shouldn't be the suspicion of guilty until proven innocent for celebrities like OJ Simpson and Lilo Brancato Jr. Merry Christmas!

{"commentId":4558503,"threadId":"451691","contentId":"2239312","authorDomain":"Mindart"}

#3 - Fri Dec 26, 2008 2:47 PM EST

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'Sopranos' actor cleared of New York cop's murder

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