Suffolk County Police Commissioner Rodney K. Harrison with a photo of Joseph...

Suffolk County Police Commissioner Rodney K. Harrison with a photo of Joseph Scalafani last month at a news conference before police found and arrested him. Credit: Barry Sloan

A Mastic Beach resident accused of fatally shooting a man outside a bar this spring was indicted on second-degree murder and other criminal charges Tuesday, Suffolk District Attorney Ray Tierney announced. 

Joseph Scalafani, 34, was arraigned on the murder charge in Riverhead before Supreme Court Justice John B. Collins, along with two counts of second-degree criminal possession of a weapon, four counts of first-degree criminal contempt and one count of second-degree criminal contempt. Collins ordered Scalafani held without bail. 

Scalfafani’s brother Daniel Scalafani and friend Jeffrey Mercury also face charges for helping Scalafani flee New York State after the May 20 slaying of 32-year-old Alex Smith, Tierney said. Scalafani was arrested in Florida on June 4 by the Pinellas County Sheriff’s Office and extradited to Suffolk County on June 6. 

“This defendant allegedly shot Alex Smith multiple times at close range, killing him. Then, the defendant’s brother and friend allegedly helped him flee the state in an attempt to avoid being caught,” Tierney said. “This defendant ran but could not hide.”

Scalafani’s attorney, Bryan Cameron, declined to comment on the charges Tuesday. Scalafani is scheduled to return to court on Aug. 23.

Tierney said Scalafani approached his former girlfriend on May 13, in violation of a family court order of protection, and demanded she arrange a meeting between him and Smith, also of Mastic Beach. He pulled a gun from his pocket and threatened the woman, saying if she ran, he would hit her in the back, prosecutors said.

The following week, at about 2 a.m. on May 20, the ex-girlfriend and Smith exited Linsa Torr’s Place, a bar in Mastic Beach. Prosecutors said Scalafani ambushed them, shooting Smith numerous times in the torso. Smith collapsed and Scalafani shot him twice in the head at close range. He was later pronounced dead at the scene. 

Scalafani fled the scene in his vehicle, but crashed a short time later and fled on foot. 

Daniel Scalafani and Mercury gave money to the defendant to help him escape New York, prosecutors said. They also lied to law-enforcement officers when questioned about Scalfafani’s whereabouts, prosecutors said.

Mercury also drove Scalafani to Virginia to help him avoid apprehension, prosecutors allege.

Daniel Scalafani was arraigned on a charge of first-degree hindering of a prosecution on June 23 before acting Supreme Court Justice Steven A. Pilewski in Riverhead. Pilewski ordered Scalafani on supervised release with GPS monitoring while the case is pending. He is due back in court on July 21.

Daniel Scalafani's attorney, James Mercurio, said his client maintains his innocence and that his firm is looking forward to proving his innocence at trial. "Caring for his brother is not a crime," Mercurio said 

Mercury was also charged with hindering prosecution and arraigned June 14 before acting Supreme Court Justice Karen M. Wilutis. Wilutis required Mercury to have GPS monitoring while the case is pending. He is due back in court on July 19, before Judge Collins.

Mercury's attorney, Christopher Brocato, said Mercury was Scalafani's landlord and said his client denies helping the defendant leave New York. 

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