2nd Trial in 2009 New Rochelle Shooting Ends in Conviction

The second trial of an Eastchester man ended in a conviction for manslaughter.

The Westchester County District Attorney announced Wednesday that James Pileggi, 31, was found culpable in the Nov. 3, 2009, death of New Rochelle resident Andre Everett.

He was convicted of second-degree manslaughter, a felony.

Pileggi's first trial ended with a hung jury.

Everett, a realtor, was in his Albert Place home the night of Nov. 3, 2009, when he went outside to his driveway to talk to a group of people who were inside Pileggi's car.

Pileggi, who at the time was an off-duty Eastchester Police Officer, was sitting in the front passenger seat, playing with his off-duty gun—a Glock 9mm with a laser sight attached to it.

While Everett was standing by the rear driver's side door, Pileggi discharged the weapon, with the bullet striking Everett in the throat. He was taken to Sound Shore Medical Center where he was pronounced dead.

A New Rochelle Police Department investigation led to Pileggi's arrest.

District Attorney Janet DiFiore said Pileggi, who had worked in two Westchester County police departments, had repeated training in the use and safe handling of weapons.

"For former police office Pileggi to claim that the shooting of his friend was an accident and not a conscious disregard for due care and safety is absurd and simply a ploy to avoid accountability for his reckless actions," she said, "actions for which this jury found him responsible."

Pileggi faces a maximum of 15 years in state prison. His sentencing is scheduled for Jan. 17.