District Attorney Hoovler Announces Guilty Verdict inCity of Newburgh Gun Case

Defendant Convicted After Jury Trial of Both Counts Submitted to the Jury

Defendant Faces up to 15 Years in Prison on Gun Charge

Verdict Reached After Previous Trial Resulted in a Deadlocked Jury

Orange County District Attorney David M. Hoovler announced that on Wednesday, August 2, 2023, Robert Jemerson, 19, of Newburgh, was convicted after a jury trial before the Honorable Craig Stephen Brown in the Orange County Court of Criminal Possession of a Weapon in the Second Degree and Tampering with Physical Evidence.  Jemerson faces a maximum sentence of fifteen (15) years in prison on the top count when he is sentenced on September 21, 2023.  Jemerson was remanded to the Orange County Jail without bail following the jury’s verdict.

As alleged at trial, on September 8, 2022 members of the City of Newburgh Police Department and the New York State Police conducted a vehicle and traffic stop in the vicinity of Downing Park in the City of Newburgh.  After the vehicle was stopped, Jemerson, who was the passenger, fled from the stop and ran towards the pond in Downing Park.  While fleeing from police, Jemerson threw a loaded .38 caliber revolver into the pond and then jumped into the pond himself.  Police officers rescued Jemerson before he drowned.  Subsequently, law enforcement drained the pond and recovered the firearm Jemerson was seen throwing.  The firearm was later test fired and determined to be in operable condition.  Jemerson previously faced trial for the charges in May, 2023 which resulted in a deadlocked jury.

District Attorney Hoovler thanked the City of Newburgh Police Department and New York State Police for their investigation and arrest of the defendant.

“Getting dangerous and illegally possessed guns off of our streets is a shared priority of police and prosecutors,” said District Attorney David. M. Hoovler.  “Through the dedicated work of the City of Newburgh Police and the New York State Police, not only was this offender held to account for his actions, but an entire pond was drained to recover the gun and make sure it could not be used in an act of violence.  The hard work of the prosecutors assigned to the case led to the just result, after having overcome a deadlocked jury in a previous trial.  My Office will continue to prioritize the prosecution of illegally possessed guns in order to make our communities safer.”

District Attorney Hoovler highly commended Senior Assistant District Attorney Christopher Kelly and Assistant District Attorney Amanda Arroyo who prosecuted the case.

This criminal charge is merely an allegation that a defendant has committed a violation of the criminal law, and it is not evidence of guilt. All defendants are presumed innocent and entitled to afair trial, during which it will be the State of New York’s burden to prove guilt beyond a reasonable doubt.