BALLSTON SPA — Two Saratoga County teenagers killed another teen last month as part of a robbery, according to a new indictment.
The indictment, along with the underlying statute, also indicates that prosecutors believe 19-year-old Nikolai M. Mavashev directly killed the victim, David J. Feliciano, on Aug. 7 in Mechanicville, as Mavashev faces one count of first-degree murder.
If convicted, Mavashev would face up to life in prison without the possibility of parole.
Mavashev, of 25 Hidden Farm Lane, Halfmoon, was indicted along with co-defendant Joseph A. Broscko, now 17, of 9 Linden Court, Clifton Park, in the alleged robbery killing. Police arrested them two days after the killing.
Broscko faces second-degree murder charges in the case. Both face various weapons and other counts. If convicted of second-degree murder, Broscko would face up to 25 years to life in state prison.
The pair are accused of using a defaced .38-caliber handgun to kill Feliciano, 19, at the victim's 44 Grove St. residence in Mechanicville that evening, according to authorities and the indictment.
The indictment was handed up Wednesday in Saratoga County Court. The two are scheduled to be arraigned on the charges Friday.
The indictment does not indicate what the teens allegedly stole from Feliciano, only that they stole property.
However, the pair are separately accused of two counts each of misdemeanor petty larceny the day of the slaying in Mechanicville. Petty larceny has no dollar value attached to it. The threshold for the next-most-serious larceny charge is a value of $1,000 or more.
Regarding the gun, Mavashev alone is accused of defacing the weapon in the days leading up to the killing. He is accused of defacing it in Halfmoon between Aug. 4 and 7, according to the indictment.
Both Mavashev and Broscko are then accused of possessing stolen .38-caliber ammunition the day of the slaying.
Police have said Feliciano was shot inside the apartment. He then moved outside to his driveway, where officers found him.
Feliciano grew up in Clifton Park and had recently moved to Mechanicville. Feliciano and both suspects attended or were attending Shenendehowa High School in Clifton Park, and Feliciano and Mavashev were Facebook friends.
Police have cited a longtime relationship among those involved.
Neighbors had speculated that the shooting was related to illegal drugs. Police did not rule out that possibility at a news conference last month, but declined to discuss it.
The indictment includes two relatively minor marijuana-related charges against Mavashev. He is accused of unlawfully growing cannabis, a misdemeanor, on Aug. 9, the date of his arrest. He also faces violation unlawful possession of marijuana in Halfmoon from the same day.
In addition to the murder charges, the pair face counts of first-degree robbery, first-degree assault, first-degree criminal use of a firearm, second-degree criminal possession of a weapon and second-degree aggravated criminal possession of a weapon.
The first-degree murder statute under which Mavashev is charged only applies based on a defendant's alleged direct actions, not the actions of an accomplice. The statute also only applies to those over the age of 18.
Feliciano was remembered in his obituary as someone who loved, among other things, music festivals, riding dirt bikes, nature and spending time with family.