SCHENECTADY A Schenectady County Court jury delivered a split verdict Friday evening in the trial of two men accused in a March gunfire incident on Frank Street. The verdict, however, could still send both to prison for 20 years or more.
The jury found Keith Payne guilty on all counts against him, including attempted murder, attempted assault and reckless endangerment.
Co-defendant Jayvon Ganger was acquitted on the attempted murder and other counts that alleged he fired a weapon, but he was convicted on weapons and evidence tampering counts.
Attorneys for both expect appeals.
“I think the truth came out that Jayvon was the least culpable,” Ganger attorney Todd Monahan said, “and I still submit he was innocent and we promise an appeal.”
Ganger, 19, and Payne, 20, both of the Bronx, were convicted after a day of deliberations in the three-week trial. They were accused of taking part in a shootout and standoff on Frank Street March 31, firing, along with another man, 21-year-old Akeem Ulmer, at a fourth man, Eliel Pope.
The dispute was allegedly over a woman.
No one was hit, but Ganger, Payne and Ulmer quickly retreated into nearby 225 Frank St. Police ultimately tear-gassed the apartment, using a nearby apartment as a staging area.
Ulmer later pleaded guilty to a weapons count and faces up to 15 years in state prison. Pope also faces charges in the shooting, which remain pending.
Prosecutor Amy Burock after the verdict called what they did unthinkable.
“They got into a gunfight on a residential street at 9 in the morning,” Burock said, noting the jury’s apparent conclusion that Ganger didn’t fire. “That’s so dangerous, so callous.”
Payne was represented by attorney Michael Braccini. He said he was disappointed in the verdict,
The defense attorneys had argued in their closings that the two were victims being shot at by Pope, an assessment apparently discounted by the jury.
Monahan said a video of Ganger played at trial provides grounds for the appeal. He expected to challenge on how it was presented and the portions that were allowed into evidence.