Saratoga Springs man sentenced to more than 35 years in assault case

BALLSTON SPA, N.Y. » The Office of the Saratoga County District Attorney confirmed that Joey M. Castro, 29, of Saratoga Springs, was sentenced to more than 35 years in State Prison by Saratoga County Court Judge James A. Murphy, III.

The Appellate Division, Third Department recently affirmed Castro’s conviction and sentence after appeal.

On Oct. 22, 2018, Castro was convicted by a trial jury of felony first-degree assault, felony first-degree criminal use of a firearm; two counts of felony first-degree reckless endangerment; felony thirddegree criminal possession of a weapon; and failure to register an assault rifle. Once the verdict was read, Castro was remanded without bail to the Saratoga County Jail to await sentencing.

On Oct. 8, 2017, Castro shot his neighbor, Michael Desnoyers in the back with an AR-15-style assault rifle. The shooting occurred after Castro became enraged while at a gathering inside Desnoyers’ garage on Laurel Road in the town of Moreau. Castro left the garage, came back approximately five minutes later, and opened fire on Desnoyers — who was still standing in the garage next to his girlfriend, Rebecca Lackey.

Desnoyers’ 19-year-old stepson, Charles Miles, ran into the garage when he heard the gunfire and upon hearing the eighth and final gunshot, watched his father fall to the ground in front of him. Desnoyers was left paralyzed from the waist down as a result of Castro’s actions. The bullet from the shooting remains lodged in his back.

On Nov. 9, 2018, while awaiting sentencing and facing a maximum potential sentence of more than 40 years imprisonment, Castro filed an application for bail pending appeal to the Third Department Appellate Justice Eugene “Gus” Devine. Castro’s application for bail was granted pending the appeal over the people’s strenuous objection.

At the Dec. 17, 2018 sentencing, First Assistant District Attorney Alan M. Poremba asked for the maximum sentence on Castro, emphasizing the malicious and permanent injuries Castro inflicted upon Desnoyers, injuries that left Desnoyers with a “life sentence.” Judge Murphy concurred, sentencing Castro to the following maximum sentences:

Felony first-degree assault: 25 years incarceration, with five years of post-release supervision; felony first-degree criminal use of a firearm: 25 years incarceration, with five years of post-release supervision, to run concurrently with the first-degree assault sentence; two counts of felony first-degree reckless endangerment: 2 1/3 to seven years incarceration on each count, consecutive to each other and consecutive to the first-degree assault and first-degree criminal use of a firearm; felony third-degree criminal possession of a weapon: Seven years determinate incarceration, with three years of post-release supervision, to run consecutive to the first-degree assault, criminal use of a firearm sentences, as well as the firstdegree reckless endangerment sentences; failure to register an assault Rifle, one-year incarceration, which merged with the other sentences.

Although these sentences totaled a potential sentence range of 36 2/3 years to 46 years incarceration, Judge Murphy had no authority to overrule Justice Devine’s decision to grant Castro bail pending appeal.

On June 30, 2022, the Third Department Appellate Division affirmed the violent felony convictions and aggregate sentence. The Appellate Court dismissed a misdemeanor count of failure to

register but noted that, “… although County Court imposed the maximum allowable prison sentence for each conviction, given the abhorrent conduct and grievous injury to the victim, and the risk of serious injury faced by Lackey and Miles we decline his invitation to reduce his sentence in the interest of justice.”

The Appellate Division also rejected Castro’s claims that County Court erred when it precluded the defendant’s psychiatric defense because the Defendant failed to provide timely and sufficient notice of it.

Based on the Appellate Division’s decision, Judge Murphy was able to re-impose his initial aggregate sentence of 36 2/3 years to 46 years incarceration and Castro was remanded to begin his sentence. When Castro declined to make a statement despite being given the opportunity to do so, Judge Murphy lambasted Castro for his lack of remorse and continued unwillingness to take any responsibility

Poremba, who tried the case with ADA Shawn M. Lescault, said, “The Defendant’s senseless and cowardly acts have forever changed the lives of Michael Desnoyers, Rebecca Lackey and Charles Miles. On top of the physical paralysis and the excruciating upper body pain that Michael continues to endure, there is the agonizing emotional toll that he, Rebecca, and Charles cope with every day. These are three remarkable people who suffered so much at the hands of one man — a man who they saw roaming around their town freely for nearly five years — living his life as if there were no consequences to his actions.

“Today, however, they sat in court and witnessed him finally face the consequences.”