The trouble-plagued arson case against two former Central Islip firefighters fell apart in extraordinary fashion Tuesday, as a Suffolk judge dismissed the case mid trial at the joint request of prosecutors and defense lawyers.
State Supreme Court Justice John Collins dismissed the charges against Weldon Drayton, 35, immediately in the interest of justice, as the jury listened. He ruled that charges against codefendant Stephen Hernandez, 25, will be dismissed in six months if he stays out of trouble.
Drayton, a former combat Marine and Suffolk police officer suspended because of his arrest, will seek reinstatement of his job, said his attorney, Stephen McCarthy Jr., of Manhattan. Hernandez, who was accepted into the Fire Department of New York City, now can begin his career there as an emergency medical technician, said his lawyer, Steve Politi of Central Islip.
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Drayton wept tears of joy as Collins said, "Mr. Drayton, Mr. Hernandez, you are free to go."
Hernandez and Drayton were accused of torching abandoned houses in Central Islip so they could be among the first to respond to the fire station and the fires, to build credibility within the department.
The trial had been marked by evidence withheld by prosecutors, but Chief Assistant District Attorney William Ferris said in court that the motivation to pull the plug on the case was inconsistent testimony by cooperating accomplices and detectives, much of which was not corroborated by other evidence.
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