Tyrone Howard, 31, is scheduled to appear in the same Manhattan
courtroom where he was allowed to plead guilty in May to selling
crack cocaine in exchange for treatment instead of jail time.
The decision by two state judges to process Howard's case through a
"drug court" despite a long history of narcotics convictions drew
strong criticism from city officials after he was accused of
murdering Officer Randolph Holder in New York's East Harlem
neighborhood on Oct. 20.
Howard had been arrested in October 2014 as part of a large-scale
sting at a housing project near where Holder was killed.
Patricia Nunez, the judge who approved the deal in May, is expected
to sentence Howard to as much as 12 years in prison for failing to
comply with treatment.
Manhattan Supreme Court Justice Edward McLaughlin, who originally
had Howard’s case, granted his request to transfer the case to
Nunez’s courtroom, one of several drug courts in New York City in
which nonviolent offenders can receive treatment as an alternative
to incarceration.
Howard had never been convicted of a violent crime, though he had
previously been arrested in connection with a shooting in a case
that was eventually dropped by prosecutors. At the time of Holder's
death, Howard was wanted by police for questioning in connection
with a gang shooting.
Nunez approved a deal in which the guilty plea would be vacated if
Howard participated in a two-year treatment program.
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McLaughlin has defended his decision as the right call based on the
evidence that was before him. Nunez has said she plans to speak at
Howard’s sentencing.
Howard is scheduled to be arraigned on a separate murder indictment
later this month in connection with Holder's killing.
Holder was the fourth New York City police officer killed in the
line of duty in the past year.
(Reporting by Joseph Ax; Editing by Scott Malone, Toni Reinhold)
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