MECHANICVILLE -- Two Saratoga County teens accused in an August murder in Mechanicville have been re-indicted, days after a judge expressed concerns with the initial proceedings, prosecutors said.
Judge James A. Murphy III on Tuesday cited possible unspecified "irregularities" in the initial grand jury presentation in the case against Nicolai Mavashev and Joseph Broscko and gave prosecutors until Monday to respond.
Saratoga County District Attorney Karen Heggen said Friday she responded by meeting with her staff and chosing to seek a second indictment.
"My job is to seek justice," Heggen said Friday. "On Tuesday, when Judge Murphy indicated that there were some concerns, my office got together, reviewed it and, as a result of that, we re-presented the case to the grand jury yesterday."
Mavashev, 19, of 25 Hidden Farm Lane, Halfmoon, was initially indicted in September along with co-defendant Broscko, 16 at the time of the killing, of 9 Linden Court, Clifton Park.
The two are accused of robbing and then killing 19-year-old David J. Feliciano on Aug. 7 in Mechanicville. Police arrested them two days after the killing.
The charges in the new indictment remain the same as the old indictment.
As the alleged shooter, Mavashev faces one count of first-degree murder that carries up to life in prison. Broscko faces one count of second-degree murder that includes a possible term upon conviction of 25 years to life.
Mavashev is represented by attorney Cheryl Coleman, Broscko by attorney Matthew Chauvin.
Chauvin said Friday that the new indictment was expected after the judge's comments Tuesday. The case essentially reverts back to where it was after the initial indictment, he said.
Both defendants are set for arraignment on the new indictment Monday and the defense attorneys will have the opportunity to re-submit motions, including the same type of grand jury motions that led to the judge's comments on the initial indictment Tuesday.
It was unclear when the judge would take up a prosecution motion to compel Mavashev and Broscko to submit DNA samples for comparison to evidence in the case. Murphy put off that issue Tuesday in favor of his grand jury concerns.
Prosecutors believe Mavashev killed Feliciano with the help of Broscko during a robbery. He met Feliciano under the guise of buying drugs, police said. Mavashev allegedly told police that initially tried to shoot Feliciano. Broscko then stepped in and held Feliciano as Mavashev fired, police said. Mavashev continued firing as Feliciano fled, killing him, according to a prosecution account.
Mavashev's attorney Coleman, however, is seeking to have whatever statement Mavashev gave police thrown out, saying Mavashev asked for a lawyer prior to saying anything incriminating.