Court officials: Cohoes man justified for homicide during home invasion
Rogowski will face 3 years of probation for possession of marijuana
COHOES, N.Y. >> A Cohoes man who shot and killed an intruder during a home invasion in August will not be charged with murder, according to the Albany County District Attorney’s Office.
District Attorney P. David Soares announced Tuesday that Shawn Rogowski, 23, of Cohoes, pleaded guilty to one count of criminal possession of marijuana, a Class A Misdemeanor, before the Honorable Andra Ackerman in Cohoes City Court.
Officials said Rogowski faces 3 years of probation when sentenced on February 12,
2019.
On August
5, 2018, authorities said Rogowski possessed a quantity of marijuana while inside of his residence on Remsen Street in the City of Cohoes.
On that date, authorities said Andy Sousie, 31, of Troy, personally or in concert with another person or persons, unlawfully entered Rogowski’s residence in an attempt to commit the crime of second- degree burglary.
Officials said that an investigation uncovered that during the incident Rogowski fired a legally possessed shotgun at the intruders who were unlawfully entering his residence.
Authorities said Daryl Sousie Sr., 37, of Troy, was ultimately struck in the abdomen and later died as a result of the injuries.
Soares said that Andy Sousie pleaded guilty to one count of second- degree attempted burglary, a Class D Violent Felony, before the Honorable William A. Carter in Albany County Court on November 8, 2018, and faces up to 5 years in State Prison, to be followed by 5 years of Post-Release Supervision when sentenced on January 10, 2019.
Authorities said a third party was also charged in relation to the incident.
Soares said Michael Peabody, 49, of Cohoes, was charged with one count of fourth- degree conspiracy, a Class E Felony, and his case remains open and pending.
“A careful review of the facts led to the conclusion that Mr. Rogowski was justified in his actions to fend off felony burglary intruders in his home,” said Soares in a news release. “Justification for homicide can be used in certain self- defense situations, such as this. Our investigation concluded that the use of lethal force by Mr. Rogowski was in response to a reasonable apprehension of imminent death or great bodily harm to himself or others in the home.”
Soares said the investigation into this matter has concluded and no further charges are expected for any parties at this time.
Chief Assistant District Attorney David Rossi and Assistant District Attorney David Szalda handled the prosecution of this case.