Man confesses to drug-related fatal shooting

A Bombay man has confessed to shooting Daniel P. Simonds while robbing him of marijuana and cash, federal prosecutors said.

Brian J. LaTulipe, 28, pleaded guilty Friday in U.S. District Court, Syracuse, before Judge David N. Hurd to conspiring to engage in a robbery involving Canadian-grown marijuana that had been at Mr. Simonds's home in the town of Stockholm. The federal law cited prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce.

Mr. LaTulipe also pleaded guilty to possessing a weapon during a crime that caused the death of a person. He could receive up to life in federal prison when sentenced April 29.

"What he admitted to was conspiring with a group of individuals to rob Mr. Simonds of marijuana," Assistant U.S. Attorney John M. Katko said. "In the process, he shot him. He claims it was inadvertent."

A superseding indictment handed up last November accused LaTulipe and six other people of robbing Mr. Simonds of the marijuana and money at his home in May 2008 and beating and shooting him before fleeing.

According to federal court records, Kaientanoron L. "Nolo" Swamp, with LaTulipe present, received a call May 12, 2008, from Derek J. Cook about "doing some work" for Alan R. Jacobs. The work called for robbing Mr. Simonds of his marijuana and cash. A group later met in Massena to formulate a plan on robbing Mr. Simonds. LaTulipe was given a handgun "for protection" should Mr. Simonds have a weapon. The group bought bandannas and duct tape before heading to Mr. Simonds's home.

Police said the shooting took place in the early morning of May 13, 2008, during a struggle with at least three men, including LaTulipe.

"Simonds was fighting back aggressively when the defendant attempted to hit him in the head with the butt of the gun," the plea agreement reads. "A few seconds later, the gun went off while the defendant was trying to hold on to it, firing a single shot that struck Simonds."

Frantic and panicking, the group abandoned its plan and left the home, according to court records.

Mr. Simonds, 31, of 649 Porter Lynch Road, died a few hours later at Fletcher Allen Health Care, Burlington, Vt., as a result of a gunshot wound to the lower back.

In the aftermath of the killing, authorities found 140 pounds of high-grade marijuana, $50,000 to $60,000 in cash and a Russian-made hunting rifle at the Simonds home.

"Today's plea was part of the incredible efforts of the St. Lawrence County sheriff's department, New York State Police and working (their) relationship with the U.S. Attorney's office," St. Lawrence County District Attorney Nicole M. Duvé said.

The plea agreement calls for LaTulipe not to be prosecuted on state charges.

"I am very pleased with the progress of the investigation and this plea is certainly a step in the right direction," Mr. Katko said.

All seven suspects are in custody: LaTulipe, Bombay; Mr. Jacobs, Hogansburg; Bryan A. "Wildcat" Herne, Hogansburg; Chad Edwards, Cornwall, Ontario; Anson Edwards, Cornwall, Ontario; Derek J. Cook, Hogansburg; and Mr. Swamp, Snye, Quebec.

The Edwards brothers, who were captured earlier this year on Cornwall Island, are continuing to fight extradition to the United States, prosecutors said. The other five remain in federal custody.

The investigation later found Mr. Simonds, who had worked for Mr. Jacobs for some time, had been moving marijuana to the Cleveland area every other week. Authorities in July charged eight people, including four from Franklin and St. Lawrence counties, over their alleged roles in an international drug smuggling operation linked to the Russian Mafia that moved about $27 million worth of marijuana.