The jury hearing the case against the three co-defendants found Keith Luncheon not guilty of second degree murder, manslaughter, criminal possession of a weapon and reckless endangerment.
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Jurors said they were deadlocked on the charges against Stanley Elianor and Micah Alleyne, and the judge ordered them back to deliberations.
The alleged shooter, Kenny Bazile, was convicted of second-degree manslaughter and criminal possession of a weapon last week, but he was acquitted on murder charges.
Prosecutors say the men began shooting at rival gang members during the J'Ouvert Festival celebration in Brooklyn in 2015, hitting Gabay in the head with a stray bullet. He died in the hospital nine days later.
A fifth defendant, Tyshawn Crawford, agreed to a plea deal and testified against the other four.
Bazile's attorney had distanced his client from the rest of defendants, admitting he had a gun and fired it but claiming he believed he was being shot at and was acting in self defense.
"Carey was an inspiring public servant whose life was cut short by senseless gun violence," Cuomo said after Brazille's conviction. "I commend the men and women of law enforcement for their relentless pursuit of justice and thank the prosecutors for their work in honoring Carey's legacy....Nothing can bring Carey back to his wife Trenelle, his family and all those who loved him, but I hope this guilty verdict gives them some comfort that justice has been served. Carey will be forever missed."
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Prosecutors said there were seven different semi-automatic weapons used in the shootout, though they never pinpointed exactly which gunman struck Gabay.
Bazile faces up to 15 years in prison.
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