The lawyer for the alleged American Dream shooter attempted to paint the victim as the aggressor during a Wednesday detention hearing.
Anwar Stuart, 20, of Brooklyn, New York, is charged with attempted murder, attempted robbery, conspiracy and weapons offenses in the shooting at the megamall in early April.
His attorney, Frank Carbonetti, tried to argue during the hearing that the victim has a history of violence and that there was no definitive evidence that pointed to Stuart as the shooter.
He showed Judge James Sattely surveillance video of the shooting, saying three men approach the alleged shooter, who is seen backing up.
“You see the individuals talking and then you see the alleged victim tried to attack an individual who the state believes is my client,” Carbonetti said.
Carbonetti argued that the video does not show a gun but shows an incident that causes everyone to run.
“If anything, this alleged shooter is possibly defending themselves,” Carbonetti said.
Witnesses described the shooter as either Hispanic or a light-skinned Black male but Carbonetti said because Stuart fits the “vague” description, the state said he must be the shooter.
“No one has identified Mr. Stuart as the shooter,” Carbonetti said.
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Carbonetti said the video shows someone wearing a blue surgical mask in a “very generic” black jacket and that the prosecution is trying to argue that Stuart is “positively and definitively” identified as the suspect.
“How many light-skinned Black males or light-skinned Hispanic males live in the surrounding area?” the lawyer said. “I bet it is beyond thousands and thousands.”
Carbonetti pointed to the victim’s criminal history as a lack of credibility, but Sattely did not allow the defense’s exhibit to be admitted as evidence for the detention hearing, saying the victim still was shot, regardless of whether he was a good or bad person.
“I appreciate the fact that counsel wants to make this a trial, but it’s not,” Bergen County Prosecutor Pia Shepard said. “The victim’s credibility is not an issue.”
Sattely said the victim’s credibility is an issue for another time.
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Authorities say a sleight-of-hand betting game between the victim and Stuart preceded the shooting. Shepard said the victim put up some of the $6,000 he had as collateral during the game, which took place in a parking garage outside the mall.
Shepard said Stuart and an accomplice threatened to rob the victim, who ended the game and returned to the mall. According to the prosecutor, the accomplice moved a car, which they later used to flee the scene, closer to the mall exit.
Stuart and his accomplice returned to the mall and found the victim on the second level, near the Bath & Body Works store, and approached him, Shepard said. She said Stuart fired multiple times at the victim in the crowded mall with a gun hidden in his jacket, hitting him three times at close range. After the shooting, the two men fled.
State police arrested Stuart with the US Marshals Service and the New York Police Department. Shepard said cellphone data placed Stuart in the area of the mall during the shooting and that the vehicle was used in his car.
Settely ruled that Stuart would remain in prison until the start of his trial and he has seven days to file an appeal.
The mall, developed by Triple Five Group, spans over 3 million square feet, including DreamWorks Water Park, Nickelodeon Universe Theme Park, Legoland Discovery Center and Sea Life Aquarium.
Kaitlyn Kanzler covers courts for NorthJersey.com. For unlimited access to the most important news from criminal trials to local lawsuits and insightful analysis, please subscribe or activate your digital account today.
Email: kanzler@northjersey.com
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