Ex-Actor Acquitted of Officer's Murder
By SEWELL CHAN and MATHEW R. WARREN
Published: December 22, 2008
A former actor who fell from stardom, tumbling from early success in
Hollywood into desperate drug abuse, was acquitted of felony murder on
Monday afternoon in the 2005 shooting death of an off-duty police
officer in the Bronx.

David Greene/Associated Press
Lillo Brancato Jr. in 2005.

New York City Police Department
Officer Daniel Enchautegui.
The actor, Lillo Brancato Jr., was also acquitted on two burglary
charges. In a blow to prosecutors, he was convicted only on a single
attempted burglary charge.

His hands clasped as if in prayer, Mr. Brancato expressed little
emotion as the verdict was read. Theresa A. Gottlieb, a Bronx
assistant district attorney who prosecuted the case, said Mr. Brancato
could be sentenced to up to 15 years in prison on the attempted
burglary conviction. The sentencing was set for Jan. 9.

Patrick J. Lynch, president of the Patrolmen’s Benevolent Association,
which represents New York City police officers, said after the
verdict, “We’re obviously frustrated today that the jury did not see
what was plain and simple.” He urged the judge to sentence Mr.
Brancato to the maximum 15 years.

Yolanda Rosa, a sister of the slain officer, Daniel Enchautegui, said,
“I waited three long years for this. I’m disappointed.” She asked of
the verdict, “What message is this sending out to New York police
officers today?”In a statement on Monday, Police Commissioner Raymond
W. Kelly said the jury’s decision saddened him, coming as it did hours
after a mistrial was declared in Brooklyn in the trial of Lee Woods,
one of three defendants accused of murdering another officer, Russel
Timoshenko.

“On this day of disappointments in court, we hope that the family and
friends of Daniel Enchautegui find some comfort in the fact that at
least one of the pair responsible for his death was convicted of
murder,” Mr. Kelly said.

Mr. Brancato’s co-defendant, Steven Armento, was convicted of first-
degree murder in October and was sentenced in November to life in
prison.

Although Mr. Brancato never fired at Officer Enchautegui , or even had
a gun in his possession on the morning of the killing, prosecutors
argued that he was responsible under the law because he had committed
a burglary that led to the officer’s death. The jury did not agree.

The acquittal drew attention to the fall from grace for a young actor
with a once-promising career. Mr. Brancato had starred with Robert De
Niro in the 1993 film “A Bronx Tale” as a teenager before landing
small roles in a string of movies and half a dozen episodes of “The
Sopranos.” But he slowly descended into heavy drug abuse, becoming,
according to his testimony during the trial, a “dope-sick” crack and
heroin addict.

Mr. Brancato was in search of drugs when he and Mr. Armento confronted
Officer Enchautegui (pronounced EN-cha-tay-gee) in the early hours of
Dec. 10, 2005. Prosecutors argued during the trial that after a long
night of alcohol-fueled partying at a strip club, Mr. Armento and Mr.
Brancato showed up at a home on Arnow Place in the Pelham Bay section
of the Bronx to get prescription painkillers from an acquaintance who
lived there, Kenneth Scovotti. But because Mr. Scovotti had recently
died, they found the doors locked and the house silent.

What happened next was a crucial sticking point during the trial. Mr.
Brancato said he was in the throes of withdrawal and desperate to get
high, causing him to break a window in the apartment accidentally as
he tried to get Mr. Scovotti’s attention, unaware that the man had
died months before. But prosecutors accused Mr. Brancato of scripting
a fantasy to mislead the jury, saying he deliberately smashed the
glass so that he and Mr. Armento could break into the home and steal
pills. They pointed out that a screen had been carefully removed from
the window, and a prosecution expert testified that latex gloves found
at the scene contained both men’s DNA.

“You make what’s fiction appear to be reality,” Ms. Gottlieb said
during a cross-examination.

As Mr. Armento and Mr. Brancato lingered outside the house, the sound
of breaking glass awoke Officer Enchautegui, who lived next door and
went outside to investigate. Dressed in plain clothes and armed with
his handgun, Officer Enchautegui approached the two men and shouted:
“Don’t Move! Don’t Move!”

Startled, Mr. Brancato said he turned around and was shot multiple
times. As he ran away, Mr. Armento, who was carrying a .357 Magnum,
opened fire on Officer Enchautegui, fatally shooting him once in the
heart. Mr. Brancato said he had no idea Mr. Armento was carrying a
weapon, a claim that prosecutors also challenged.

The nearly four-week trial of Mr. Brancato was almost derailed twice.
One juror was replaced midway through the trial when he was arrested
on assault charges. Then, on Thursday, as deliberations were under
way, a second juror was replaced after it was revealed that he had
taken notes during the trial and researched the case online.

Anahad O’Connor contributed reporting.