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Tuesday, September 28, 2010

Gun, Bullet Testimony Upsets Family of Slain NY Tow Truck Company Owner

Our thoughts are with the Marcinak family as they endure the trial of John Marcinak's shooter. Marcinak, a 49-year-old father of three, owned Garrison Garage in Garrison, NY. He was killed on Jan. 1, 2009 outside of his business. Here's the story from The Journal News on www.lohud.com:

CARMEL — The projected images of a slain tow truck driver and the multiple gunshot wounds that killed him brought some among his family and friends to tears.

The photos were shown Monday in the murder trial of Anthony Grigoroff in Putnam County Court.

Dr. Benjamin Bristol, a pathologist with the Westchester County Medical Examiner's Office, testified that the bullet that struck John Marcinak's abdomen was fired from close range, the muzzle of the gun perhaps touching his clothing, judging by tell-tale marks on the surrounding skin.

Bristol performed the Jan. 1, 2009, autopsy on Marcinak, the 49-year-old father of three killed outside his Route 9 business, Garrison Garage.

"You can see the black soot very deep in the wound, again indicating to us that this was at very close range," Bristol told Assistant District Attorney Lisa Ortolano.

Grigoroff, 19, a resident of Lake Peekskill, is charged with second-degree murder, second-degree burglary and second-degree criminal possession, felonies.

Jurors examined sketches and Styrofoam busts illustrating the trajectory of the bullets that struck Marcinak's head, left eye and torso.

Bristol testified that the two head wounds were probably consistent with the victim being shot while lying on the ground by someone standing over him. Unlike the head wounds, the shot to his stomach was likely fired from in front, Bristol said.

Earlier, Sgt. Dennis Lyons, a state police firearms expert, testified that the same gun, a .44-caliber revolver, could have fired the three bullets. At least one, possibly all three, were hollow-point slugs, Lyons said.

The prosecution replayed Grigoroff's May 1, 2009, videotaped confession, in which he recounted how he; his twin brother, Erick; and Byron Mountain, 26, planned the crime, and how Mountain shot Marcinak during the botched burglary.

Erick Grigoroff and Mountain are being held on unrelated charges and have not been charged in the case.

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