8 are picked to sit on jury for murder suspect’s trial
KINGSTON, N.Y. Eight jurors were seated Monday for the trial of murder suspect Maurice Stansberry Sr.
Stansberry Sr., his son, Maurice Stansberry Jr., and Kevin Gardener all were charged with second-degree murder for the Dec. 1, 2018, shooting death of Kingston resident Mark Lancaster, 39, on Sawkill Road in the town of Ulster. Authorities say the killing happened after the suspects robbed Lancaster’s son of marijuana.
Gardener pleaded guilty last week and admitted to being the triggerman. He faces a sentence of up to 20 years to life in prison.
Six men and two women were chosen for the Stansberry Sr. jury during proceedings Monday in Ulster County Court. The remaining four jurors and at least two alternates are expected to be chosen Tuesday morning, and
opening statements by the attorneys are planned for later in the day.
County Judge Donald A. Williams said the trial could go through next Monday, July 29.
Stansberry Jr. has been named as a potential witness at his father’s trial, though there is no guarantee he will be called to testify. Gardener’s attorney speculated on July 9 that the younger Stansberry has been offered a deal in exchange for his testimony. The Ulster County District Attorney’s Office has refused to comment about that.
Under questioning last week by Assistant District Attorney Emmanuel Nneji, Gardener said it was his idea to commit the robbery by pretending to want to purchase the marijuana and that he shot Lancaster from the back seat of Stansberry Jr.’s car when Lancaster tried to pull Stansberry Jr. from the vehicle and hit the younger man with a wrench.
Gardener said he used a gun that was handed to him in the car by Stansberry Sr. Authorities previously said they believed Stansberry Sr. fired the fatal shot.
Lancaster had chased the suspects’ vehicle to the site of the fatal shooting after the robbery, authorities have said.
All three suspects were charged with murder because New York law allows murder charges to be filed against anyone who participates in a felony, in this case robbery, during which a death occurs. The suspects also were charged with felony counts of robbery and possession of a weapon.
In court Monday, Williams told prospective jurors that none of the suspects was charged with intentionally causing Lancaster’s death. He said it is alleged the three worked together to commit the robbery and then, while fleeing from that act, Lancaster was shot and killed by one of the defendants.
Williams urged prospective jurors not to speculate about why Gardener and Stansberry Jr. were not standing trial at this time, and he said the jurors could not hold their absence against Stansberry Sr.
Nneji questioned potential jurors about whether they would have difficulty passing judgement on Stansberry Sr. if the other two defendants are not present.
Assistant Public Defender Russell Schindler, who is representing Stansberry Sr., said part of the incident with Lancaster was caught on video. He asked prospective jurors whether they thought they could be unbiased in rendering a verdict after watching that video.