DA unhappy as convicted shooter is allowed bail

Appellate judge sets amount at $250K for Moreau man who paralyzed neighbor

An appellate judge will allow a Moreau man who opened fire on his neighbor, leaving him paralyzed, to remain free on $250,000 bail as he appeals his conviction on five felony counts.

It marked the second time this year Justice Eugene “Gus” Devine allowed someone convicted of a felony assault in Saratoga County that left a person paralyzed to remain free on bail pending appeal.

In March, Devine, who sits on the Appellate Division of state Supreme Court, allowed auto collision business owner John W. Cole to remain free on $75,000 after a jury convicted him of seconddegree assault in an alcohol-fueled crash that left a backseat passenger a quadriplegic.

This time it involved Joey M. Castro, 25, who was convicted on Oct. 22 of shooting his neighbor, Michael Desnoyers, following an argument in Desnoyers’ Moreau garage on Oct. 8, 2017.

Saratoga County District Attorney Karen Heggen, whose office prosecuted the case and argued for Castro to remain locked up, announced the judge’s decision in a press release.

“My heart goes out to the victims in this case,” Heggen said. “They have endured this horrific offense, an intense trial, and patiently awaited imposition of a sentence by Judge Murphy ... Justice Devine’s decision means that the defendant may post bail and remain at liberty either before or after the sentence is imposed, and until an appeal is heard by the Appellate Division, which may take more than a year before those proceedings are concluded.”

Heggen added: “We will defend this conviction on appeal and I am confident that we will prevail.”

Heggen described the sequence of events as follows:

On Oct. 8, 2017, Castro became enraged during a gathering in Desnoyers’ garage on Laurel

Road. Castro left and returned five minutes later with an AR-15 assault rifle and fired eight shots at Desnoyers, who was standing next to his girlfriend. Desnoyers’ 19-year-old stepson, who had run into the garage after hearing the gunfire, watched Desnoyers fall to the ground in front of him. The bullet remains lodged in Desnoyers’ back. The victim is paralyzed from the waist down.

The jury found Castro guilty of first-degree assault, criminal use of a firearm, two counts of reckless endangerment and criminal possession of a weapon. After the verdict was delivered, County Judge James A. Murphy III ordered Castro held without bail.

Legal experts have said judges are typically open to granting bail pending appeal if there is a substantial legal question that might result in a reversal.

An attorney for Castro could not be reached.

rgavin@timesunion. com 518-434-2403 @ Robertgavintu