By:Jeff Lipton
A jury deliberated for about three hours last Thursday before finding the defendant, Edwin Murdaugh, of Almeda Avenue in Far Rockaway, guilty of second-degree burglary after a week-long trial. Murdaugh, who is considered a persistent felony offender, faces a prison term of up to 25 years to life when he is sentenced by Nassau County Court Judge Alan L. Honorof on Oct. 7.
According to authorities, Murdaugh was armed with a knife when he climbed through a screen window of a home on Monroe Street in Inwood on Saturday, Dec. 28, 2002, at 1 a.m. "He came crashing through the dining-room window," the homeowner, Mark Freamon, 46, said in a phone interview on Monday. Freamon said he has lived in the Monroe Street home since 1970.
Freamon said he was home with his mother at the time, and had been hearing noises throughout the evening. When he went to investigate, he saw the intruder breaking through the window. Freamon said he grabbed his 22-caliber target pistol from an upstairs room and fired four times, striking the intruder all four times. "I was panicking," Freamon said. "One doesn't normally expect someone to crash through their window. I didn't know if he had a weapon or anything else. As soon as I fired at him, he reversed his direction. I didn't even get a good look at who he was."
Freamon added that he was frightened for his own safety, having no idea what the intruder's intentions were.
Police said that after the homeowner shot Murdaugh, the burglar stumbled away. Murdaugh went to a friend's house nearby, and police officers who were on routine patrol made the arrest.
Murdaugh was taken to Jamaica Hospital in Queens, where he was treated for his injuries, which were not life-threatening. He was charged with second-degree burglary by Fourth Precinct police officers, and arraigned later, when his condition improved, officials said.
Freamon, who testified at Murdaugh's trial on Sept. 1, said the gun, which was not registered, was not necessarily being kept for protection. "I used it at that time for protection, but that's not how I intended on using it," he said. "It's not very effective as a weapon, and that could be determined by the fact that I fired at the person several times and he didn't sustain any life-threatening injuries."
Freamon was initially charged with criminal possession of a weapon, and was given a desk-appearance ticket for a future court date. But the charge was later reduced to disorderly conduct, to which he pleaded guilty. No fine was imposed, although Freamon did have to pay a $60 surcharge, he said.
"I'm happy and I'm satisfied that justice was served all the way around," Freamon said. He said he was not surprised that he was charged, since his weapon was not registered. "The police are there to enforce the law. They are not there to determine which laws shouldn't be enforced."
