Jury returns not guilty verdict in attempted murder trial

Hargrove, 30, of Hudson, and co-defendant Lee, 30, of Columbiaville, were on trial after they were each indicted in August 2021 on charges including second-degree attempted murder.

Hargrove was charged with six counts of second-degree attempted murder; two counts of second-degree assault, a class D felony; and six counts of first-degree reckless endangerment, a class D felony.

Lee was charged with six counts of second-degree attempted murder, a class B felony; second-degree assault, a class D armed felony; first-degree assault, a class B armed felony; and six counts of first-degree reckless endangerment, a class D armed felony.

The jury deliberated about three hours Wednesday afternoon before reaching a verdict of not guilty on all counts for both Hargrove and Lee.

The jury went into deliberations following closing arguments Wednesday morning by defense attorneys, followed by the prosecution.

Hargrove’s lawyer, Justin deArmas, of the Ackerman, Wachs & deArmas lawfirm in Albany, attacked the credibility and validity of testimony Friday and Tuesday by eyewitness Bryce Hallback. Hallback pleaded guilty to conspiracy to distribute crack cocaine in a separate case and has been held in Columbia County Jail since 2018.

Hallback testified that she met with federal prosecutors and entered into a cooperation agreement with the government in the federal criminal case, but she was not promised anything for her testimony in the trial involving Hargrove and Lee.

“Hallback is a murderer,” deArmas said. “She shoots people and is a liar. During her testimony, she made a mockery of the trial by laughing, smirking and giggling like Al Capone. Hallback isn’t credible. She’s trying to help herself in her own conviction. She’s inconsistent and crazy.”

Lee’s attorney, Steven Sharp, of Albany, also attacked Hallback’s testimony.

Both defense attorneys also questioned the testimony of the adult victim in the shooting, saying she could not identify the shooters or identify what they wore the night of the shooting. The two defense attorneys claimed the victim went to the police two weeks after the shooting to identify Hargrove and Lee as the shooters “after she heard it through the grapevine” that they were the shooters.

Sharp and deArmas also said the victim’s and Hallback’s testimony was based on rumors and there was no forensic evidence to connect Hargrove and Lee to the crime.

Assistant District Attorney Ryan Carty presented his closing arguments after Sharp and deArmas concluded.

Carty told the jury there was enough proof for the convictions of Hargrove and Lee beyond a reasonable doubt. He said the testimony from the victim and Hallback was consistent as Hargrove and Lee were the only people both witnesses identified as the shooters.

He explained that the victim’s identification of Hargrove and Lee as the shooters was accurate because she was standing on the home’s porch, which was elevated and gave her a good view of the shooters.

Carty said the first time the victims spoke with police about the shooting, she did not want to identify Lee and Hargrove because she felt the police could not protect her. The second time the victim spoke with police, she identified the defendants.

“They (Hallback and the victim) both saw Lee and Hargrove come up from the gangway and shoot at the porch,” Carty said. “The evidence is consistent and cooperated with the testimony (from Hallback and the victim).”