|WALKER and MANSION (The Record)|
Troy Police violated the Constitutional rights of a man convicted of attempted murder during a 2009 botched robbery of a Dominos pizzeria on Hoosick Street and will get another trial, according to a decision by the Appellate Division.
The panel ruled (the decision can be read below) the DNA taken from Paul Walker Jr. via a no-knock search warrant in 2010 was “suspect” because the Walker did not consent to the search and “should have been suppressed.”
“There were no factual allegations reflecting exigent circumstances justifying the lack of any notice to defendant of the application to obtain a DNA sample from him,” the unanimous decision states.
In June, 2009 police alleged Walker and another man barged into the Dominos while carrying weapons and demanding money. The manager, Forrest Geraw, attempted to tackle Walker, who entered through the front door, and was shot multiple times. He survived but lost an eye.
Walker and his accomplice, who entered through the back door, fled without getting any money.
Police used DNA evidence found on a New York Yankees hat left at the scene to tie Walker, who lived in Queens at the time but has ties to Rensselaer county, to the scene and phone records that placed him upstate at the time of the crime.
Walker was offered a plea in exchange for naming his accomplice but he refused. He was convicted in January 2011 and was currently serving 25 years to life in state prison.
He was represented by Michael Mansion at trial and Eugen Grimmick on appeal. Judge Andrew Ceresia presided over the initial trial. It’s unclear when the new trial will take place or if police can obtain another DNA sample from the then 29-year-old Walker.