De Von Callicutt faces up to life in prison without parole after an Albany County Court jury convicted him of the first-degree murder of 22-year-old University at Albany student Richard Bailey.
The jury of two men and 10 women deliberated for more than 10 hours before returning the guilty verdict this afternoon.
Earlier in the day, jurors asked Acting Supreme Court Justice Dan Lamont to define the legal definition of “intent,” which the jury had to find present to convict Callicutt of murder in the first degree, according to the judge’s charge.
Jurors also asked for the court stenographer to read back the testimony of an Albany police dispatcher who answered the 911 call by Desmond Knauth, a man robbed at gunpoint just seven minutes after Bailey was shot on Oct. 20, 2008.
The jury returned the following verdicts on these counts faced by Callicutt:
Murder, first-degree: Guilty
Attempted robbery: Guilty
Weapons possession: Guilty
On the evening of the shooting, Callicutt and Modest were gambling at Caldwell’s Quail Street residence. When Caldwell’s losses mounted, the trio decided to seek “free money” — slang for robbing random people at gunpoint, according to testimony and the prosecution.
After a failed attempt with their first intended victim, they spotted Bailey on South Lake Avenue as he walked home from a friend’s house.
Chief Assistant District Attorney David Rossi described Modest as a lookout, Caldwell as an accomplice and Callicutt as the gunman.
Riding on BMX bikes, the two men approached Bailey from behind and demanded money, according to accounts given during the trial. Caldwell claimed a scuffle broke out between Callicutt and Bailey, during which Bailey was shot once in the head.
The case against Callicutt centered on three letters he wrote from the Mid-State Correctional Facility in September 2009. In two of the letters, Callicutt appeared to take credit for shooting Bailey.
The letters were intercepted by corrections officials and played a major role in the case. Though they weren’t read aloud to the trial jury, they were submitted as evidence in the case.
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Categories: Schenectady County