Dad cleared of son slay
Grand jury accepts self-defense claim in S.I. tragedy
A Staten Island grand jury declined to bring homicide charges against a man who said his deadly shotgun blast to his son’s chest on New Year’s Eve was an act of self-defense.
Joseph Leone Sr., 57, said he fired his shotgun to save his own life when his 29-year-old son, acting erratically because he was withdrawing from drug abuse, pointed a handgun at him, sources familiar with the case said.
Police recovered the pistol, sources said.
Cops found Joseph Leone Jr. shot in the chest on the sidewalk outside the dad’s home on Bay St. near Scarboro Ave. in Rosebank about 7:25 p.m. Friday.
Leone Sr. pointed out to cops the weapon he used. “That shotgun in the garbage can — that’s the one I shot him with,” he told police, according to a criminal complaint.
The grand jury indicted Leone Sr. on two administrative code violations for unlawful
possession of firearms, and two more violations for ammo possession — but the murder and manslaughter charges against him didn’t stand.
A man who answered the door at Leone Sr.’s home declined to speak to a Daily News reporter.
Joseph Leone Jr.’s widow told The News on Sunday that the son, an Army veteran, traveled to Staten Island to help his father beat alcoholism, and was killed for his good act.
“This case is tragic, and Mr. Leone suffers the loss of his son like any parent. But the grand jury rightfully declined to indict on this case after hearing witnesses and reviewing the evidence,” said Maquita Moody of the Legal Aid Society, which represented Leone Sr.
“This is a clear case of self-defense. We will continue to represent Mr. Leone, who has no criminal record and is innocent of his pending misdemeanor charges, and offer other needed support.”
A neighbor, who didn’t give his name, said he knows Leone Sr. as a cancer patient and military veteran who enjoyed drinking.
“We were all baffled. I could not imagine him shooting his own son, he said. “Joe is like everybody else — he has a temper, he gets pissed off,” the neighbor said. “But I don’t see him as the kind of man to shoot his own son for no reason. If it was self-defense, he probably feels like hell right now.”
Leone Jr.’s widow, Kimberly, who lived with him and their three children in South Carolina, told the Daily News Sunday that her father-in-law was abusive — but Leone Jr., still wanted to help him after he got a call on Dec. 19 that he had fallen down the stairs.
“He said, ‘I’ll have to go up there and help my daddy recover from alcohol like you helped me to recover from drugs,’ ” Kimberly Leone recounted Sunday.
She did not immediately return a message Thursday seeking comment about the grand jury’s decision.
“My office presented this case to the grand jury following a thorough investigation of all facts and evidence,” Staten Island DA Michael McMahon said in a statement Thursday. “We remain committed to keeping Staten Island safe and will always work tirelessly to ensure justice is served. At this time, our condolences remain with the victim’s family who have suffered a tragic loss.”