By:Chris Munzing
Malone, 35, is accused of killing his wife, Diane, 32, in her Alabama Street home while their three young children slept nearby. He was arraigned before Nassau County Court Judge William C. Donnino. If convicted, he could face a maximum prison sentence of 25 years to life. Malone is due back in court Jan. 11, and in the meantime is being held without bail.
The Nassau County district attorneyÕs spokeswoman, Katie Grilli-Robles, explained that Malone was charged with second-degree instead of first-degree murder because of the nature of the crime. ÒFirst degree is usually reserved for things like murder for hire, or murder during the course of committing a felony,Ó she said.
After his wife was murdered, Malone spent three days hiding out in a vacant house on Wisconsin Street, just two blocks from the site of the crime. The manhunt by Long Beach and Nassau County police ended when Malone was arrested while walking through the West End disguised as a fisherman.
Lt. Dennis Farrell of the Nassau County Homicide Squad said that MaloneÕs past was dotted with arrests for violent behavior. ÒFrom 1985 to 1990, there were a number of arrests ranging from criminal contempt to assault,Ó Farrell said. ÒIn 1990, he was arrested for assaulting a Long Beach police officer, and in 2001 he was arrested for assaulting a co-worker.Ó
The couple had three children, ages 6, 3 and 1, and were known throughout their neighborhood to have frequent, often loud, arguments, according to one neighbor who declined to be identified.
Ò[David] was a regular guy, and a nice guy,Ó the neighbor told the Herald in September. ÒBut when it came to her, he was totally different. He would get very jealous.
ÒTo see them walking around the neighborhood with the kids, youÕd never think anything, but they used to fight all the time,Ó the neighbor continued. ÒI think that he might have been hitting her. But I never thought heÕd have this in him.Ó
Diane Malone had obtained a restraining order against her estranged husband in July, and it was set to expire in January. Despite the restraining order, the couple had worked out a visitation schedule.
The three children are currently in the custody of their maternal grandmother, Diane Gabrinowitz.
Comments about this story? CMunzing@liherald.com or (516) 569-4000 ext. 205.
