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Bombay man indicted in robbery
FEDERAL CHARGES: Victim died after being shot by suspects who robbed him of Canadian marijuana
By DAVID WINTERS
TIMES STAFF WRITER
SATURDAY, JUNE 28, 2008

A Bombay man was indicted on federal charges for his role in a robbery that led to the shooting death of Daniel P. Simonds.

Brian J. Latulipe, 27, of 73 Reardon Road, was charged with conspiring to engage in a Hobbs Act robbery, according to the U.S. attorney's office. The act prohibits robbery or extortion that affects interstate and foreign commerce.

He was arraigned before U.S. Magistrate Judge George H. Lowe and remains jailed until a detention hearing Wednesday. If convicted, he faces up to 20 years in federal prison.

A tentative trial date was scheduled for Aug. 25 in Utica before U.S. District Judge David N. Hurd, according to federal court records.

The indictment handed up Thursday accuses Latulipe and other unknown assailants of robbing Mr. Simonds of Canadian-grown marijuana and money at his home in the town of Stockholm last month and beating and shooting him before fleeing.

Mr. Simonds, 31, of 649 Porter Lynch Road, died May 13 at Fletcher Allen Health Care, Burlington, Vt., after suffering a gunshot wound to the lower back.

The shooting took place in the early morning during a struggle with at least three unidentified suspects, according to investigators at the time. The suspects are said to have fled the scene in two dark sport utility vehicles.

St. Lawrence County District Attorney Nicole M. Duvé said Friday the investigation has been "intense" and "time-consuming" for her office and involved multiple law enforcement agencies. The investigation is continuing, with authorities having "some concrete leads" into identifying the other suspects.

"We know that Mr. Latulipe was involved in a conspiracy to rob Mr. Simonds of his marijuana," Ms. Duvé said.

She declined to comment on what linked Mr. Latulipe, a 2000 graduate of Salmon River Central School, Fort Covington, to the incident or whether the murder weapon was recovered. The state police crime lab is processing several items recovered from the scene.

As part of the ongoing war on drugs in the north country, Ms. Duvé was appointed special U.S. attorney in October. This was the first case in which she used those powers.

Assistant U.S. Attorney John M. Katko said his office became involved when requested by Ms. Duvé and will assist her with the case. Both said they believed a federal indictment was the most appropriate course.

First Assistant Federal Public Defender Lisa A. Peebles, representing Mr. Latulipe, said his heart and prayers go out to Mr. Simonds's family. Mr. Latulipe was picked up Thursday at his home without incident.

"It has been emotionally draining for him and has made him distraught," Ms. Peebles said of the federal charge. "It's our position he's not involved in the shooting."

She declined further comment on the case. A message left at his Reardon Road home for family members wasn't returned Friday.

Mr. Latulipe doesn't have an extensive criminal record, attorneys said. He had been charged March 28 in the village of Massena with driving while intoxicated, refusal to take a breath test and a traffic violation after being stopped on West Orvis Street.

He pleaded guilty May 27 in Massena Village Court before Judge Eric J. Gustafson to a reduced charge of driving while ability impaired. He had to pay $380 in fines and his driver's license was suspended for 90 days, court officials said.

The St. Lawrence County Sheriff's Department continues following up on leads in the murder investigation. The department has dedicated several officers and detectives to the investigation, Sheriff Kevin M. Wells said.

"The investigation is ongoing and is moving in a positive direction," he said. "We are still receiving leads. The public has been a very good asset."

Federal, state and local law enforcement agencies have assisted in the investigation, including the state police major crimes unit from Troop B headquarters in Ray Brook. Anyone with information should call the Sheriff's department at 379-2096 or 379-2222 or e-mail investigation@stlawco.org.

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