BALLSTON SPA – A Moreau man was sentenced to a total term of more than 35 years in state prison Tuesday for a 2017 shooting, Saratoga County District Attorney’s officials said.
The sentencing came after the man’s appeal in the case was denied and after an appellate judge had earlier allowed the man bail pending the outcome of his appeal to his trial conviction, officials said.
Joey M. Castro, 29, of Moreau, was resentenced Tuesday to a total term of 36 2/3 to 46 years in state prison, officials said.
He was convicted after trial in October 2018 of first-degree assault, first-degree criminal use of a firearm and two counts of first-degree reckless endangerment, felonies.
The jury found Castro shot his neighbor Michael Desnoyers Oct. 8, 2017, in the back with an AR-15 style assault rifle, officials said.
The shooting took place after Castro became enraged while at a gathering inside Desnoyers’ garage on Laurel Road in Moreau.
Castro left the garage, then returned about five minutes later and opened fire on Desnoyers. Desnoyers survived the attack, but was left paralyzed from the waist down, officials said.
Castro appealed his conviction and an appellate judge then granted Castro’s request for bail pending appeal. Prosecutors offered a “strenuous objection” but the judge, then-Appellate Judge Eugene Devine, granted his application, prosecutors said in a release Tuesday. Devine is now Schenectady’s public safety commissioner.
Saratoga County Court Judge James A. Murphy III originally sentenced Castro to the same term in December 2018. Castro’s appeal continued, and was then formally rejected last week. The appeals court upheld Castro’s lengthy sentence and rejected a Castro argument related to preclusion of a psychiatric defense, prosecutors wrote.
Murphy then resentenced Castro Tuesday. The judge “lambasted the Defendant for his lack of remorse and continued unwillingness to take any responsibility,” prosecutors wrote in the release.
First Assistant District Attorney Alan M. Poremba tried the case with Assistant District Attorney Shawn M. Lescault.
In a statement, Poremba said Castro’s “cowardly acts” forever changed the lives of Desnoyers and two others endangered, Desnoyers’ 19-year-old stepson Charles Miles and Desnoyers’ girlfriend Rebecca Lackey.
“These are three remarkable people who suffered so much at the hands of one man – a man who they saw roaming around their town freely for nearly five years – living his life as if there were no consequences to his actions,” Poremba said in the statement. “Today, however, they sat in court and witnessed him finally face the consequences.”