Fifth Man Charged In J'Ouvert Shooting Death Of Cuomo Staffer: DA

CROWN HEIGHTS, BROOKLYN — A fifth man has been charged with murder for the shooting death of a former aide to Gov. Andrew Cuomo during the 2015 J'ouvert festivities.

Stanley Elianor, 26, had previously been charged with possessing a loaded machine gun at the scene of the crime, a shootout between two gangs in the early morning hours of September 7, 2015. But a further investigation found that he had fired a "small caliber gun" during the gun battle, according to the Brooklyn District Attorney's Office.

Elianor has been charged with second-degree murder, four counts of second-degree criminal possession of a weapon and first-degree reckless endangerment. The murder charge carries a sentence of up to 40 years to life in prison.

Carey Gabay, the first deputy general counsel at the Empire State Development Corporation, was walking in the area with his brother and friends following the Caribbean celebration when the shootout broke out. They ran into a parking lot to hide behind some cars, where Gabay was shot in the head and later died.

"We have made a promise to the family of Carey Gabay to hold accountable everyone who took part in the shootout that took his life," Acting Brooklyn District Attorney Eric Gonzalez said in a statement.

"With this indictment, we have taken another step in keeping this promise and we will not rest until every person who brazenly fired a gun during that devastating incident – creating a killing field amid a crowded celebration – is brought to justice."

Elianor has been charged with "depraved indifference murder under the theory of mutual combat," Gonzalez said. That theory means that he and the rest of the gang members essentially agreed to stage a gun fight and are all equally responsible for Gabay's death, no matter who actually fired the fatal shot, according to the D.A.'s office.

(Judy Sanders/New York Governor’s Office via AP, File)