White Plains, New York

From the White Plains Journal News of April 5, 2007

New Rochelle man acquitted in shooting

A New Rochelle man who said he shot another man in self-defense as they wrestled over a gun that was never found was acquitted of attempted murder, assault and weapons charges by a jury that deliberated for less than two hours yesterday.

Anthony Caldwell Jr. and several relatives wept with joy after the verdict was read in state Supreme Court in White Plains after three days of testimony. Caldwell, 24, had faced up to 25 years in prison in connection with the July 19, 2005, shooting of Dino Washington in front of Washington's home on DeWitt Place.

"The jury obviously worked very hard on this case and realized that my client was completely innocent of all the charges," said Barry Warhit, Caldwell's lawyer, who spent about an hour delivering closing arguments before Westchester County Judge Rory Bellantoni yesterday morning. Warhit portrayed Caldwell as the victim of an assault who was, "motivated by a desire to survive," when he shot Washington.

Caldwell's father, Anthony Sr., and Washington had gotten into a fight four days before the shooting. Washington ran into his nephew's apartment and grabbed a baseball bat and tried to strike the elder Caldwell, but was thrown to the ground and subdued. Washington allegedly said, "Next time I'll have my gun to deal with you and your family."

On the night of the shooting, Washington and three friends left his apartment planning to go out when they found the windshield of Washington's car smashed and noticed Anthony Caldwell Jr. driving slowly past the building. Anthony Caldwell Jr. testified that Washington suddenly appeared at the driver's side window of his car pointing a gun at him.

Anthony Caldwell Jr. testified that his memory of exactly what happened was hazy because it happened so quickly, but he remembered reaching for the gun and two shots going off before he fled the area and went to hide out at a relative's house in the Bronx. Anthony Caldwell Jr. said the weapon fell to the ground and Warhit implied that Washington's friends could have hidden the gun before police arrived.

Assistant District Attorney Calvin Scholar said the fact that Caldwell fled was an indication of his guilt and tried to persuade the jury Anthony Caldwell Jr. was lying, claiming it would have been impossible for two men to struggle with a gun without either of them receiving cuts or burns when it fired, which neither man had on their hands. Washington, who was shot in the chest and arm but recovered, died of an unrelated liver disease in December.

Warhit said his client, who works at a recycling center, is planning to enroll in college.