BROOKLYN, NY – Brooklyn District Attorney Eric Gonzalez today announced that a Long Island man has been sentenced to 24 years to life in prison for the shooting death of the owner of L&B Spumoni Gardens in Gravesend, Brooklyn. The victim was ambushed outside his home in Dyker Heights, Brooklyn. He was carrying $15,483 in cash in a plastic bag when he was killed.
District Attorney Gonzalez said, “This defendant is now facing the serious consequences for the brazen ambush murder of an innocent and beloved local business owner right outside of his home. Nothing will bring him back, but I hope this significant sentence brings some small measure of solace to his heartbroken family and friends.”
The District Attorney identified the defendant as Andres (“Andy”) Fernandez, 45, of Melville, Long Island. He was sentenced today by Brooklyn Supreme Court Justice Danny Chun to 24 years to life in prison. The defendant was convicted of second-degree murder and second-degree criminal possession of a weapon on December 9, 2019, following a jury trial.
The District Attorney said that, according to the evidence, on June 30, 2016, at about 6:40 p.m., the victim, Louis Barbati, 61, left his restaurant, L&B Spumoni Gardens, located at 2725 86th Street in Gravesend, Brooklyn. He was carrying a plastic bag containing $15,483 in cash.
About an hour earlier, according to the evidence, the defendant, wearing a dark hooded sweatshirt and sunglasses, was in the vicinity of the victim’s home on 12th Avenue in Dyker Heights and waited, the evidence shows. At about 7 p.m., the victim arrived at his home, parked his car on the side of the house and got out holding the bag of cash.
The defendant then walked across the street and shot the victim several times, killing him. He subsequently ran, without taking the money, entered a late-model Acura and fled. In addition to being at the murder scene, the defendant was present at L&B Spumoni Gardens earlier that day, according to the evidence.
Surveillance images of the defendant were distributed by the New York City Police Department and he was identified by several witnesses. He was arrested by federal authorities on November 3, 2016.
The District Attorney thanked the Federal Bureau of Investigation and the Office of the United States Attorney for the Eastern District of New York for their assistance in the investigation.
The case was investigated by FBI Special Agent Chance Adam and New York City Police Department Detective James Hemmer, of the Brooklyn South Homicide Squad.
Homicide Paralegal Supervisor Jannette Ayala and Junior Intelligence Analyst Eungee Hwang, of the District Attorney’s Crime Strategies Unit, assisted in the prosecution.
The case was prosecuted by Senior Assistant District Attorney Emily Dean, of the District Attorney’s Homicide Bureau, and Senior Assistant District Attorney Jingu Chong, of the District Attorney’s Blue Zone Trial Bureau, under the supervision of Assistant District Attorney Timothy Gough, Homicide Bureau Chief.