Ade Ngaii of Harlem convicted of second-degree murder in death of Kristopher Appel during 2018 home invasion
A New York City man was convicted Friday in the 2018 killing of a North Patchogue man in what prosecutors described as a home invasion turned deadly.
A Suffolk County jury of six men and six women found Ade Ngaii, 39, of Harlem, guilty of second-degree murder in the killing of Kristopher Appel following a trial before Acting Supreme Court Justice Anthony Senft in Suffolk County Court in Riverhead.
"[Ngaii] took it upon himself to enter Suffolk County and murder this victim all so he could make money," Suffolk County District Attorney Ray Tierney said in a statement.
Ngaii, who was acquitted on a lesser charge of intimidating a witness, faces a maximum sentence of 25 years to life in prison when he is sentenced March 27.
According to testimony at trial, Ngaii and another man, who was never apprehended, entered the home on Sinn Road the afternoon of Nov. 2, 2018, in an attempt to steal money and marijuana from Appel, who a witness testified operated an illegal marijuana business. Prosecutors said police recovered more than $25,000 cash and 45 pounds of marijuana edibles from the home following Appel’s death.
Prosecutors said Appel died following a physical struggle in which he was stabbed and struck in the head repeatedly by Ngaii “with the butt of a gun.”
Investigators found Appel’s body with a construction vest under him and hard hat at his feet, according to a photograph shown at trial. A forensics expert testified that DNA found on both the vest and hat matched Ngaii, who witnesses said wore the work gear as a disguise to enter Appel’s home.
“This was his hat. This was his vest,” Assistant District Attorney Elena Tomaro said as she held up the evidence during closing arguments Thursday. “[Ngaii’s] physical presence was left behind during that struggle.”
A series of text messages shared by prosecutors at trial also linked Ngaii to the crime, as well as an previous attempt to commit a burglary at the home.
Defense attorney Alix Duroseau Jr., of Queens, argued that Ngaii, who was arrested by Suffolk police detectives in June 2021, was not at the house the afternoon of the killing.
He placed the blame for his client’s arrest on Omar Sam, a Ronkonkoma man who pleaded guilty to attempted murder and testified against Ngaii. In his closing arguments, Duroseau accused Sam of stealing Ngaii’s phone and sending text messages to make it appear as if his client was involved in the killing.
“We thought my client was going to be acquitted,” Duroseau said after the verdict was read. “Especially since the prosecution centered around the testimony of two cooperators.”
Sam, who expects to be sentenced to 6 to 10 years in prison following his guilty plea, testified that he planned the burglary in order to satisfy a $5,000 debt to Ngaii. Sam said he was outside of the home at the time the struggle ensued.
“[Sam] encouraged the burglary, he wasn’t in on the death,” Tomaro told the jury.
Joshua Rodriguez, 29, of the Bronx, an admitted getaway driver for Ngaii, also cooperated with prosecutors after being charged with conspiracy.
Tomaro prosecuted the case along with fellow Assistant District Attorney Keri Wasson.
“I’m just happy that we got a guilty verdict,” said Kevin Appel, the victim’s father. “He didn’t deserve to die this way.”
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