Victims face off-duty cop who shot at them

Jane Lerner | The (Westchester County, N.Y.) Journal News

WHITE PLAINS, N.Y. — An off-duty New York City cop accused of shooting at two men driving home from a hockey game in Pelham last year will claim that he blacked out and remembers nothing from the attack, according to a lawyer for the victims.

NYPD Officer Brendan Cronin of Yonkers is launching a psychiatric defense to answer charges of second-degree attempted murder, first-degree assault and driving while intoxicated stemming from the April 29 shooting.

Cronin, 27, was in Westchester County Court in White Plains on Thursday, where his attorney submitted a psychiatric report. He wore a dark suit and tie and fiddled nervously with his hands during the brief proceeding.

The prosecution will now have Cronin examined by mental health experts. The next court date was set for April 9.

A lawyer for the two men in the car that Cronin allegedly shot at 14 times with his service weapon said he didn't believe the officer blacked out.

"It's an attempt to black out what happened that night and not take responsibility for what he did," Randolph McLaughlin said outside the courthouse Thursday.

The two men in the car, Joseph Felice and Rob Borelli, both of New Rochelle, are suing New York City for $90 million.

Felice was shot six times in the unprovoked attack. His arm had to be surgically rebuilt and he still has a bullet lodged in his chest.

Both men said they want Cronin to answer for his actions.

"There are not enough words to explain the pain, the suffering, the fear, the trauma and the incredible anxiety that you have caused me and my family in the 10 months since the shooting," Felice said, reading from a prepared statement. "We will live with the consequences of your reckless behavior and actions forever."

Borelli was not hit by the barrage of bullets but said he suffers from post-traumatic stress. He said the NYPD supervisors who allegedly drank alcohol with Cronin before the attack should also answer for what happened that night.

"They let him drink, they let him get into a car drunk with a gun," Borelli said.

Cronin's blood-alcohol level was not tested after the attack. He has admitted drinking at a bar in City Island that night.

He was suspended from his job, but remains on the force.

His lawyer, Pierre Sussman, had no comment.