Accused Suffolk officer shooter Janell Funderburke 'did not intend to kill,' defense attorney says at arraignment

An attorney for the Coram man accused of shooting a Suffolk County police officer May 11 said his client did not intend to kill, as the defendant was arraigned on a 13-count grand jury indictment Thursday.

Janell Funderburke, 20, pleaded not guilty to attempted aggravated murder of a police officer, first-degree robbery and additional weapons and drug charges, including one for a small quantity of fentanyl found inside his home while police searched for the gun used in the shooting.

“It was a warning,” defense attorney Christopher Cassar of Huntington said of the two shots his client fired at Officer Michael LaFauci, including one that pierced his upper right thigh, leaving him hospitalized for a week. “He was trying to get away, but not to kill.”

Cassar said his client, who he described as bipolar and suffering from post-traumatic stress disorder, repeatedly told investigators he did not intend to kill the officer and that body camera footage will show that.

Louis Civello, second vice president of the Suffolk County Police Benevolent Association, called Cassar’s claim “laughable.”

“You don’t shoot at someone and think, ‘I’m not going to kill them,’” Civello said.

LaFauci, 27, a six-year member of the department, was working as a plainclothes officer with an anti-gang detail on Norfleet Lane in Coram, officials said. LaFauci identified himself as a police officer as he approached a fleeing Funderburke, who fired a pair of shots at him from a 9 mm handgun investigators later recovered from his home, prosecutors said.

Funderburke successfully evaded police after the shooting and waited inside his home, changing his clothes, Suffolk County Assistant District Attorney James Slattery said at the arraignment. He left the house to surrender 45 minutes after police arrived. He admitted the shooting during an interview with detectives, Slattery said.

“He said he shot the cop because the officer was catching up with him,” Slattery told Acting Supreme Court Justice Anthony Senft, who ordered Funderburke back to the county jail.

Police had been investigating Funderburke for an armed robbery of two women who attempted to buy marijuana from him May 8. He pulled a gun on the women and took $160 in cash from them, Slattery said.

After LaFauci was shot, fellow officers applied two tourniquets to the officer's injuries to stop the bleeding and rushed him to Stony Brook University Hospital in a police vehicle, Harrison said.

LaFauci, the father of a 17-month-old daughter, was released from the hospital last week.

The hollow-point bullet, which expands on impact and is designed to inflict significant damage to tissue and bones, went through LaFauci’s right thigh and crossed through his pelvis to his left buttock, but caused no major damage to arteries and organs, Dr. James Vosswinkel, Stony Brook’s head of trauma surgery and the Suffolk police medical director, said at last week’s hospital walkout. LaFauci’s right leg remains partially paralyzed, the surgeon said.

“He has a long road to recovery ahead,” Civello said.

Funderburke, whom prosecutors called “an admitted Bloods gang member,” also has pending drug and weapons charges from April and last August, as well as two juvenile convictions on similar charges.

Civello said the fact that the shooting occurred while Funderburke had pending charges is “indicative of a broken justice system.”

Cassar said his client denies having any gang affiliations. He said his client was raised by a single mother, with two brothers and a father in prison. Eight supporters of Funderburke filled one row of the courtroom Thursday, surrounded by dozens of police officers.

“This case is a stark reminder of the serious dangers our police officers face on a daily basis,” Suffolk County District Attorney Ray Tierney, who attended the arraignment, said in a statement. “While I am grateful that Police Officer Lafauci is finally at home recovering from his injuries, my office is committed to ensuring that the individual responsible for this brazen and senseless act is held responsible.”

Funderburke is facing up to 40 years in prison if convicted of the attempted murder charge. In total, he is charged with 12 felonies, including eight violent felonies, plus one misdemeanor. He is due back in court June 12.

By Grant Parpan

grant.parpan@newsday.com@GrantParpan

Grant Parpan covers Suffolk County courts and federal courts for Newsday. A Long Island native, he joined Newsday in 2022.