Albany Times Union
Prosecutor says revenge prompted killing of man
David Ayala charged in fatal shooting last year
SCHENECTADY — A prosecutor alleges a local man was out for revenge when he gunned down Matteo Henderson in daylight on a city street crowded with people last November.
“The theory of the fact pattern that we intend to prove at trial is that these two individuals knew each other and this shooting was in retaliation for a purported robbery, a believed robbery, or an attempted robbery involving these two individuals from the summer in Schenectady,” said Assistant District Attorney John Carson on Monday.
The disclosure comes in the aftermath of a county grand jury last week indicting David Ayala on charges of second-degree murder, two counts of criminal possession of a weapon and three counts of tampering with physical evidence.
Court papers accused the defendant of tampering with a gun, car, and license plate on a car.
As of Monday, the court had not set a date for Ayala, 37, to be arraigned on the six-count indictment.
There was no attorney listed in court papers for Ayala, and the public defender’s office, which once represented Ayala, did not know who his new attorney might be.
In January, Ayala was taken into custody by Schenectady and Colonie police, as well as federal marshals, at a hotel in Albany County. Detectives charged him with the 26-year-old Henderson’s shooting death.
On Nov. 23, a report of gunfire prompted police to swarm the intersection of Odell Street and Brandywine Avenue where they found Henderson in the street at 12:30 p.m.
In the days after Henderson’s slaying, a woman who identified herself as his sister set up a Gofundme page to help with his funeral expenses.
She said that her brother was the father of a 2-year-old girl, and that the family was dealing with another relative dying unexpectedly.