Suspected Suffolk Cop Shooter Indicted For 'Brazen And Senseless Act': DA

RIVERSIDE, NY — An accused Coram gang member charged in the shooting Suffolk Police Officer Michael Lafauci is facing upgraded charges, including attempted murder, in a 13-count indictment unveiled on Thursday, but his attorney denies any gang affiliations as well as an intent to kill.

Twenty-year-old Coram resident Janell Funderburke, an alleged gang member accused of shooting Lafauci on May 11 on Homestead Drive in Coram, was additionally indicted in a gunpoint robbery that occurred three days earlier.

Funderburke has been charged with one count each of attempted aggravated attempted murder, first-degree assault and robbery, as well as two counts each of third-degree criminal possession of a controlled substance and second-degree criminal possession of a weapon.

He has been additionally charged with two counts of third-degree criminal possession of a weapon and second-degree assault, as well as fifth-degree criminal possession of a controlled substance.

Other charges include criminal possession of a firearm and seventh-degree criminal possession of a controlled substance.

District Attorney Ray Tierney called the case "a stark reminder of the serious dangers our police officers face on a daily basis."

"While I am grateful that Police Officer Lafauci is finally at home recovering from his injuries, my office is committed to ensuring that the individual responsible for this brazen and senseless act is held responsible," he said.

Defense attorney Christopher Cassar of Huntington is denying the allegations that Funderburke is self-admitted gang member.

Funderburke did not tell law enforcement that he is a gang member in his hours-long interrogation, nor was any gang paraphernalia recovered from his home indicating his membership, according to Cassar.

"Today for the first time, in addition to being a Bloods member, they claim that he is a EBK member — those are two different gangs," he said, adding that the prosecution is "just throwing this out to prejudice my client in the public eye."

Prosecutors have not claimed Funderburke was a gang member in previous legal cases and they also have not provided his statement claiming that he is a gang-member, as they are required to do under statute, Cassar said.

Cassar also denied Funderburke intended to kill Lafauci, who was shot in the thigh.

"If he had intended to kill him, I think he would have shot him the upper torso," he said, adding that in the prosecution's bail application, the DA's office conceded that during the video interrogation his client said he didn't intend to kill him. "I think, one, they overcharged him."

"They're trying to paint him as a gang member when he's not," he added.

Funderburke's family is grateful for the quick response of Suffolk police to the incident, according to Cassar.

"The family just prays for the speedy recovery of Officer Lafauci," he said.

Lafauci's fellow police officer packed out the courtroom for the proceeding.

Suffolk Police Benevolent Association First Vice President Lou Civello said the organization's membership are thankful for Funderburke's remand without bail, adding that it was appropriate considering "menace that he is to the community."

Civello said the prosecution's case "highlights just how violent" Funderburke is, noting "frequent run ins with law enforcement."

"You can see the progression in his criminal career from drug charges to violent offenses to offenses involving the possession of illegal firearms, to a armed robbery, where he pointed a gun at two individuals — right up until now," he said. "This has progressed to the point where he attempted to murder a Suffolk County police officer."

Civello called Funderburke's previous apology, as well as Cassar's statements "hollow."

"If he was truly sorry for what he did, he would have just pled guilty," he said. :I think it's pathetic that he is trying to say he wasn't intending to kill Officer Lafauci. When you shoot someone you are attempting to kill them. That is the desired result. There is no rational human being who fires a gun at someone who thinks about any other outcome but trying to kill them, so you if you shoot someone you're trying to kill them, period."

Lafauci was conducting surveillance on Homestead Drive in Coram when he saw Funderburke, walking southbound a short distance from his home, prosecutors said, adding, that at the time, Funderburke was wanted in connection with an armed robbery May 8.

Lafauci pulled next to Funderburke in his unmarked police vehicle, at which point he fled with Lafauci running after him, prosecutors said.

Lafauci identified himself as a police officer and ordered Funderburke to show his hands, but he refused and then turned back towards him, extending a black firearm with his right hand and then fired twice at chest level toward Lafauci, with one of the bullets striking Lafauci in the thigh, according to prosecutors.

Nearby police immediately ran to Lafauci and administered emergency aid before he was whisked to Stony Brook University Hospital, where he underwent emergency surgery.

Lafauci was released from Stony Brook last week.

His shooting has sparked calls for more police presence in the neighborhood, as well as the 6th Precinct.

Funderburke was also indicted on charges related to the armed robbery May 8.

On that date, he allegedly met up with two women near his home on Homestead Drive, prosecutors said, adding that after meeting the pair an argument ensued, and he stole money from one of the women, pointed a black firearm at both, and then threatened to shoot one of the women.

Funderburke was arrested on May 11 for both incidents.

The same day, investigators searched his home and recovered a loaded 9 mm semiautomatic pistol with an extended magazine, a quantity of fentanyl, and a quantity of the controlled substance carisoprodol, prosecutors said.

A microscopic examination revealed that the pistol recovered from Funderburke’s home was the same pistol that shot Lafauci, according to prosecutors.

Funderburke has been ordered held without bail during the pendency of the case.

If convicted, he faces a maximum of 40 years to life in prison if convicted on the top count alone, as well as an additional 25 years in prison on charges related to the robbery.

This story will be updated. Check back later.