Orange County District Attorney David M. Hoovler announced that Gosford Lembhard, 27, of Newburgh, was convicted by an Orange County jury in connection with his commission of a September 9, 2012 drive-by shooting that he committed on Grand Street in the City of Newburgh. Lembhard was convicted of Attempted Murder in the Second Degree, Attempted Assault in the First Degree, Criminal Possession of a Weapon in the Second Degree, multiple counts of Reckless Endangerment in the First Degree, and Criminal Mischief in the Fourth Degree, and Endangering the Welfare of a Child. In addition, Lembhard was convicted of Criminal Possession of a Weapon in the Fourth Degree and Resisting Arrest, arising from a December 5, 2012 stand-off that occurred in a family member’s house when police sought to execute an arrest warrant against him in connection with the shooting incident. Lembhard faces up to twenty-five years in prison when he is sentenced on May 6, 2014, before the Hon. Nicholas De Rosa in Orange County Court.
At the trial, the prosecutor proved that on the evening of September 9, 2012, the intended victim pulled up along Grand Street to allow his girlfriend and her child to get out of the car in order to go into a nearby apartment. Lembhard, the driver of a passing car, pointed a .45 caliber pistol out the car window and fired eight times at his intended victim, while the victim’s girlfriend was still in the car, and her child played nearby on the sidewalk. Fortunately, no one was injured, though the car driven by the intended victim sustained damage from multiple gunshots.
In addition, the prosecutor proved that on December 5, 2012, Lembhard barricaded himself inside a family member’s home when police attempted to execute an arrest warrant arising from the shooting incident. Lembhard held police at bay for ten hours, before jumping out a back window and trying to flee with a pistol, which later was proven to be the pistol involved in the shooting.
District Attorney Hoovler thanked the City of Newburgh Police Department for their assistance in the investigation and prosecution of this case.
“Once again, we see a criminal using an illegal firearm in the commission of a violent crime,” said District Attorney Hoovler, “taking the law into his own hands, by using a gun to settle a dispute. Gun violence adversely affects our communities at many levels. My office will vigorously prosecute those who resort to violence, especially with firearms, and will seek the strictest punishments available for those who commit crimes using firearms.”
District Attorney Hoovler commended Senior Assistant District Attorney Kelle Grimmer, who was assigned the investigation and prosecution of this case.
The charges against the defendant are accusations, and defendants are presumed innocent unless and until proven guilty in a court of law.