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Syracuse police officers arrive at the scene of a fatal shooting on Ash Street in April. Christian Quinones, who was arrested on a gun charge in connection to the homicide, was the victim of a robbery and shot one of the robbers after chasing them and being shot at.

(Katrina Tulloch | ktulloch@syracuse.com)

SYRACUSE, N.Y. -- A man charged in connection with a city homicide was the victim of an armed robbery at his home the night of the murder and fatally shot one of the robbers after he was fired upon.

Syracuse police announced Thursday that Christian E. Quinones, 19, of 208 Ash St., had been charged with second-degree criminal possession of a weapon.

At a news conference Chief Frank Fowler said the charge was related to the homicide of 36-year-old Martell Derby, who was killed the night of April 18 in the 200 block of Ash Street on the North Side.

Fowler would not say what police thought had happened that night or what role Quinones played in the homicide.

"We know exactly what (Quinones) did, but we still have an investigation we need to conduct," Fowler said.

But a criminal complaint written by Detective James O'Brien and filed in Syracuse City Criminal Court details what police say happened the night of the homicide:

Quinones was the victim of a "home invasion robbery" at 208 Ash St., Apartment 1, at 10:39 p.m. on April 18. The robbers were two men, one armed with a handgun and the other with a large folding knife.

The criminal complaint does not identify Derby as one of the robbers, but it is clear from the complaint that Derby was the robbery suspect described as having a handgun.

Christian E. Quinones

During the robbery an unwitting third party entered the apartment through the front door, which caused the robbers to flee out the rear door of the residence. Quinones pursued the men and "became involved in a struggle over the proceeds," from the robbery with one of the suspects in the rear of the residence, police said. It was not clear what was taken in the robbery.

While Quinones struggled with one man the other fired two shots in his direction. He "disengaged from the struggle" and the men ran around the east side of the building toward Ash Street, police said.

Quinones quickly grabbed a loaded revolver that he had hidden nearby under a row of bushes along the back side of 208 Ash St., police said. Quinones ran around the west side of the building toward Ash Street. When he got to Ash Street Quinones again encountered the two robbers.

It was then that one of the robbers fired several shots toward Quinones, police said.

Quinones returned fire, hitting the man in the head and causing his death, police said.

Looking south at the apartment building at 208 Ash St. on the North Side of Syracuse. Police said 36-year-old Martell Derby was killed the night of April 18 in the 200 block of Ash Street.

Police officers arrived in the 200 block of Ash Street at 10:39 p.m. for a shots fired complaint and found Derby wounded on the ground. Officers provided first aid, but Derby died at the scene.

According to the criminal complaint, Quinones does not have a valid pistol permit and admitted to buying the gun, a .38-cailber revolver, about two months ago. Fowler said Thursday that police had not recovered the gun used in the homicide.

Quinones remains held at the Onondaga County jail on $100,000 bail or bail bond.

Onondaga County District Attorney William Fitzpatrick and a Syracuse police spokesman did not immediately return phone calls Friday.

How Ash Street homicide happened

Martell Derby, 36, of Syracuse, was killed the night of April 18 in the 200 block of Ash Street on Syracuse's North Side. This is how a police officer in court papers describes what police believe happened: