Albany Times Union

Prosecutor says revenge prompted killing of man

David Ayala charged in fatal shooting last year

- By Paul Nelson ▶ pnelson@timesunion.com 518-454-5347 @apaulnelso­n

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.

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