After Shooting Near Lee Zeldin's Home, Upgraded Gun Charges For LI Man

SHIRLEY, NY — A Shirley man accused of having the gun used in a shooting outside the home of congressman and gubernatorial hopeful Lee Zeldin has been indicted on upgraded charges as his attorney questioned the timing of the arraignment, which came just a day before Election Day.

Noah Green, 18, was charged with multiple counts of gun possession, all felonies, as well as misdemeanor charges of third-degree unauthorized use of a vehicle, fourth-degree criminal mischief, and resisting arrest, according to a seven-count indictment unveiled in criminal court in Riverside on Monday.

If convicted of the charges, Green faces a sentence of "a determinate period of incarceration of between three-and-a-half years and 15 years in prison," Suffolk District Attorney Ray Tierney's office said.

He remained held Monday on $1 million cash, $2 million bond, or a $10 million partially secured bond.

His attorney, Christopher Cassar of Huntington, told Patch he believes the amount of bail requested by prosecutors is "extremely high bail for a gun charge for someone that's never been arrested before."

Green should be eligible for bail, Cassar said, adding that the timing of his court appearance a day before Election Day was "concerning."

U.S. Rep. Zeldin, a Republican, is facing Democratic incumbent Gov. Kathy Hochul on Tuesday.

Cassar said prosecutors want to include the fact the shooting happened in front of Zeldin's house, "when they have no real solid evidence" that Green was involved in the shooting. He called these "very serious concerns" and questioned the "motivation of this prosecution."

When asked if Cassar believes prosecutors were acting politically motivated, Cassar said: "Well, I think it's a concern."

In a statement to Patch, Tierney said his office treated the case no different than any other case with a gunshot victim.

"In Suffolk County, we utilize all resources available to hold shooters responsible for endangering the community," he said. "New York state law provides for strict time limits mandating when cases get indicted. If those time limits are not followed, the defendants are released. This case was no different. It was this defendant, through the acts he is alleged to have committed that dictated when the case had to be indicted."

Judge Karen Wilutis set Green's bail, agreeing with the prosecution, after Green was deemed a flight risk, Newsday reported.

Cassar explained to the outlet that bail in most gun cases is set at $25,000 or $50,000 and called Green's bail "unconstitutional."

Cassar noted there are no witnesses who claim Green was involved in the shooting, and there is nothing linking him to the shooting other than the stolen car, which was rented by Green.

Cassar also noted that Green was not charged with criminal possession of stolen property, only unauthorized use of a vehicle, meaning he was allowed to use the car, but that at some point it was withdrawn.

"To think that someone would knowingly use a car that was in a shooting where there are bullets lodged in the car, driving around with it knowing all of that is unreasonable," he said.

As far as the allegations that Green posted a photo of himself showing what appeared to be a gun, Cassar said that the way the photo is taken you can't see who is holding the gun and whether it is a real or toy gun, and there is also another person in the photo covering his face.

Cassar questioned whether Green held the weapon.

The law firm is disputing whether the gun was found on Green and where it was located, Cassar said, adding that staffers are still investigating.

Green's face was completely uncovered, "to think that someone would go on Snapchat or hold a gun and show their face, I think is completely unreasonable."

He described Green as an excellent basketball player who has won many awards in his time at Wyandanch High School. Green recently moved to Shirley and was studying for his GED, according to Cassar.

"He's a good kid," he said, adding that Green has "a loving family."

"We are going to do our best to vindicate him on these charges," he said.

On Oct. 9, three teens were walking along Saint George Drive West in Shirley when a dark-colored sedan drove by and someone fired multiple shots through the vehicle’s window, police have said.

Two 17-year-old boys were shot, and they tried to hide in the yard of a home on the street and a third teen ran, Suffolk police initially told reporters. Zeldin, who was not home at the time, later identified the home as his own.

Green was later arrested at his home on Oct. 31 and was found with a loaded 9 mm Taurus handgun, as well as a stolen 2022 Honda, authorities alleged in court documents.

At the time of his arrest, Green told an officer, "I just got that gun, I'm carrying it for protection," according to a felony complaint filed in court. Whether Green was involved in the shooting remains under investigation, according to his bail application.

He was initially charged with second-degree criminal possession of a weapon and fourth-degree criminal possession of stolen property, both felonies, and only faced between three and five years in prison, prosecutors said.

Tierney commended the team of law enforcement, including police detectives and prosecutors from his office, who investigated the shooting, calling their work "amazing."

He said that the county's investigators examine "every time that a gun is illegally fired" and they also "pursue charges on those perpetrating violence in our community."

The gun used in the shooting was "allegedly recovered from the pocket of this defendant," Tierney said, adding that the county's crime lab linked the gun to a bullet from the shooting near Zeldin’s home, "as well as shell casings located in the stolen car believed to have been used in the shooting."

"This indictment should send a message that in Suffolk County we will not tolerate violence," he said. "The investigation in this case is not over."

Law enforcement conducting surveillance Oct. 31 outside of Green's home saw him leave and then get behind the wheel of a stolen black 2022 Honda CRV, according to his bail application.

When they approached Green, he got out and tried to run, jumping onto the hood and the roof of the law enforcement vehicle, damaging it, the application said, noting law enforcement then tried to place him in custody, and "he began to reach for his pants pocket."

"Law enforcement was able to grab [Green’s] hand and recovered a loaded Taurus 9 mm pistol from the pocket the defendant was reaching into," the application said. "A forensic analysis of the pistol recovered from the defendant’s pocket was performed, revealing that the defendant’s fingerprint was present on the fully-loaded magazine that was loaded inside the weapon."

Ongoing social media surveillance of accounts belonging to Green showed a photo of what appears to be a gun posted to his Snapchat account, "Noah Might Slime You," on Oct. 28, the application said.

Green, who was wearing white, can be seen in the photo pointing what appears to be a gun at the lens, according to Tierney's office. The gun appears "similar to the gun that was recovered off him" but investigators can't say "definitively that it is the same gun," a spokeswoman previously told Patch.

Green's bail application also does not indicate the item was the same gun that was recovered by law enforcement during his arrest.

The Snapchat photo is captioned, "Catch me a 4 bet it's a good day."

Tierney's office said Monday that the gun was found to contain a "loaded high-capacity magazine."

A microscopic analysis found the gun was used in the shooting outside Zeldin's home, with two 9 mm shell casings recovered from the space between the hood and the windshield of the stolen car, which is believed to have been used in the shooting, Tierney's office said.

More images and videos posted to Snapchat showed Green riding around in the Honda, consistent with the stolen vehicle, and Green was arrested, according to his bail application.

Surveillance video and eyewitness statements also showed the vehicle used in the shooting "appeared to be a recent model black Honda CRV with a white New York license plate consistent with the stolen vehicle" that Green was seen in, according to the application.

At the time of his arrest, Green told an officer, "I just got that gun, I'm carrying it for protection," according to a felony complaint filed in court.

Zeldin has said previously that his twin daughters were inside the home at the kitchen table doing their homework when they heard the shots and hid in a bathroom, then called 911.

Investigators have said previously that they do not believe the shooting was aimed at Zeldin or his family.

Patch has reached out to Zeldin for comment. He told Fox News that it's "important to note that this is the gun that was used in the shooting, not necessarily the person who committed this shooting."

Zeldin went on to say that his daughters were "shaken, but okay."

Green is due back in court Nov. 21.