New York Daily News

Pot stash KOs bid for bail in cafe owner slay

- STEPHEN REX BROWN

The accused lookout in the murder of a Brooklyn cafe owner lost his bid for bail Wednesday because 234 pounds of marijuana were found in his apartment building.

Michael Mazur allegedly kept watch during the gunpoint robbery of Whisk Bakery Cafe owner Joshua Rubin on Halloween 2011, and was arrested last March.

Mazur, 27, and two others are charged with wrapping up a still-breathing Rubin (inset) and driving him to Pennsylvan­ia, where they stuffed his body in a plastic garbage can and lit it on fire in a field outside of Allentown, prosecutor­s said.

At a bail hearing in Manhattan Federal Court on Wednesday, Judge Laura Taylor Swain said 234 pounds of pot and $200,000 in cash found at

Mazur’s Kensington building showed he “lacked concern” for his family and other residents. Mazur “could have access to substantia­l resources should he choose to flee” through the large-scale marijuana distributi­on business, Swain said.

Defense attorney Matthew Kluger sought bail, arguing Mazur was mentally disabled and never left the $1.7 million home he shares with his elderly mother. Prosecutor­s responded with photos of the massive amounts of weed found in his building.

Kluger emphasized that Mazur was only 18 at the time of the killing and “presents” as someone younger than that due to his disabiliti­es. He said Mazur does not have the ability to run a large drug business on his own.

But Assistant U.S. Attorney Dominic Gentile said the sizable quantity of marijuana showed Mazur had moved on to pushing more drugs since the homicide.

“He was still dealing in the very same drug that was the object of this offense,” Gentile said.

Rubin’s gruesome death was a mystery for eight years. His cafe became a well-known hangout in Ditmas Park as the neighborho­od gentrified.

Prosecutor­s said that Kevin Taylor hatched the plan to rob Rubin of 1 pound of pot. Gary Robles allegedly pulled the trigger after Rubin resisted during the stickup in an apartment on McDonald Ave. All three have pleaded not guilty.

“They made the conscious choice to mutilate his body, all in an effort to conceal their crime,” Gentile said, calling the case “a particular­ly heinous murder.”

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