Teens charged with murder plead not guilty
BALLSTON SPA, N. Y. » Two teens charged in the Aug. 7 murder of David Feliciano in Mechanicville pleaded not guilty Friday in Saratoga County Court to all 29 charges lodged against them in an indictment.
In a half- full courtroom at the county Municipal Center in Ballston Spa, Joseph A. Broscko, 17, of Halfmoon and Nikolai M. Mavashev, 19, of Clifton Park, were brought before Judge James A. Murphy III for their arraignment. Both men have been in Saratoga County Jail since their arrest Aug. 9.
The thin- framed Broscko was brought into court in handcuffs andwearing dark green correctional clothing. Though he did not shed a tear as the charges lodged against him were read, a man and woman hugged tightly in the courtroom gallery as the woman dabbed her eyes with a tissue.
Murphy skipped reading all 29 charges preferring instead to single out themost serious charge, murder in the second- degree, a Class A- 1 felony. The maximum sentence that could be given to Broscko on this charge is 25 years to life in prison, the judge said.
When asked how he pleaded to all 29 charges Broscko answered in a soft but unemotional voice, “Not guilty.”
He was represented at the arraignment by attorney Matt Chauvin.
In his turn in front of the judge five minutes later, Mavashev also entered the courtroomin handcuffs and green correctional clothing. At approximately 5 feet 6 inches tall, he stands slightly taller than Broscko. With a goatee and at 19, he looks just a bit older.
Again Murphy skipped reading out the entire 29 charges preferring to single out the most serious charge, murder in the firstdegree, a Class A- 1 felony. A maximum sentence in that charge, Murphy said, could be an indeterminate sentence of 25 years to life.
Mavashev pleaded not guilty to all the charges lodged against him in a slightly louder voice than Broscko. He was represented in court by attorney Cheryl Coleman.
Before remanding the two men back to Saratoga County Jail, Murphy told their attorneys they could make written requests for bail.
Saratoga County Assistant District Attorney Charles Bucca is prosecuting the case. He told Murphy he would oppose bail being set should the attorneys make the applications. Coleman later said she doubted bail would be set in amurder trial, but did not rule out making the application.
The difference in themurder charges lodged against the two men, she added, is because of Broscko’s age. One must be 18 or older to face first- degree murder charges, she said.
Should the cases reach the trial stage, Murphy set tentative dates for early 2018.
After the court appearances, Coleman labeled the proceeding as the start of the legal case. Holding a CD of interviews the two men gave to law enforcement upon their arrest she commented on the arraignment.
“The case begins today,” she said. “We have the indictments, entered a plea of not guilty, and we’ll find out what the DA thinks happened. We’ll start by looking at legal issues and as we get more discovery, we’ll look at factual issues.”
Coleman noted that her client has no prior convictions.
“I don’t think my client or the other defendant have any clear idea as to what they face,” Coleman said. “It sort of came up on them today when they saw everyone here today, but you’re talking about everyone here ( in the gallery) being kids. A lot of people are so far over their heads right now, there’s a lot of shock. We’ve heard a lot of allegations and rumors, but I’m looking to see the evidence. We’ll take it from there.”
Chauvin could not be reached for comment.
In addition to murder, the charges lodged against the two include robbery, assault, criminal use of a firearm, criminal possession of stolen property, and petit larceny. Charges of growing and possessing marijuana were also in the indictment for Mavashev.
Feliciano was shot multiple times in the torso on Aug. 7 inside an apartment at a two- family home at 44 Grove Street, Mechanicville, before running outside where he collapsed and died in the driveway. Neighbors who heard gunshots called 911. In a press conference on Aug. 9 after Broscko andMavashev were arrested, New York State Police Maj. Robert Patenaud said the victim and the suspects knew each other. He gave no motive for the shooting. Mechanicville Police added that Feliciano was specifically targeted and his death was not the result of a drive by shooting.