Charged In Murder For- Hire- Plot

Queens District Attorney Richard A. Brown holds a .9-mm Smith & Wesson handgun and New York City Police Commissioner Raymond W. Kelly holds a semi-automatic SKS 7.62 assault rifle, both of which were recovered when a plot to murder a New York City police officer was exposed. They are joined by (l. to r.) Senior Assistant District Attorney Maryam A. Lipkansky, Detective David Gilbert, Assistant District Attorneys James W. Evangelou and Robert J. Hanophy and Detective Dominick DiGennaro.

A Rikers Island inmate from Queens has been charged with orchestrating a jailhouse plot to hire a hit man to kill a New York City police officer in order to prevent the officer from testifying at his upcoming trial. A second man has also been charged for his alleged participation in the conspiracy.

Andrew J. Spencer, 23, of 115-36 159th St., Jamaica, and Kiyee Kye, 23, of 157-14 115th Rd., Jamaica, have each been charged with conspiracy in the second degree (to commit murder), criminal facilitation in the second degree, criminal solicitation in the second degree and criminal possession of a weapon in the second degree. If convicted, they each face up to 25 years in prison.

Spencer was arrested on Aug. 16, 2006, when an off-duty police officer witnessed a violent confrontation in front of his house between Spencer and another man. When the police officer attempted to intercede, Spencer allegedly punched him in the face and pointed a loaded .40-caliber semiautomatic handgun at him. The police officer responded by pulling out his own weapon, identifying himself as a police officer at least three times and ordering Spencer to drop his gun.

After doing as instructed, Spencer allegedly took out money and offered it to the officer, stating, "I'll give you money. I can't get locked up. I'm on parole." At the time of the alleged incident, the officer's 15-month-old niece and a three-year-old girl were present at the scene

Spencer, who has been held at Rikers Island in lieu of $750,000 bail since August 2006, was charged in that case with second- and third-degree criminal possession of a weapon, third-degree assault, second-degree menacing, endangering the welfare of a child and seconddegree harassment. He is awaiting trial on that crime in Queens Supreme Court in Kew Gardens and faces up to 15 years in prison if convicted.

Spencer is alleged to have said in a recorded conversation on April 21 that he was seeking a hit man to murder the police officer in exchange for $1,000 in cash and a Lexus and a Jeep and that Kye would supply the weapons to commit the crime. Later that day, an undercover officer met with Kye at his house and allegedly was

provided with a bulletproof vest at Spencer's request. In other recorded conversations that day and on April 26, the defendants allegedly provided details regarding the identity of the police officer, his address, the possibility of using an automatic rifle or handgun to commit the murder and the manner in which the defendants wanted the police officer killed.

A week ago last Tuesday, on May 1, a search warrant was executed on Kye's 115th Road house and among the items recovered were a loaded .9-mm Smith and Wesson handgun and a loaded semi-automatic assault rifle with a bayonet mount and a flash suppressor.

Spencer and Kye were arraigned before Queens Criminal Court Judge Ira Margolis on May 3. Both defendants were remanded and ordered to return to court on May 17.

Queens District Attorney Richard A. Brown, joined by New York City Police Commissioner Raymond W. Kelly in a news conference at One Police Plaza in Manhattan, said, "Justice may be blind, but it's not deaf. When prosecutors were told of the murder-for-hire plot the defendants were allegedly hatching, the response by police and prosecutors was swift and effective. The cooperation of victims and witnesses is critical to our crime-fighting efforts and we will do everything within our power to ensure their safety. Clearly, the conduct underlying these charges is extremely serious and the dangerous weapons recovered show that the defendants had the intent and means to carry out their deadly plans. Having failed in their efforts, however, they now face strong laws and tough penalties."

Kelly said, "A police officer represents all of society in the enforcement of the law. If we let a threat against a police officer stand, we are abetting the ultimate undoing of civilized society. I want to thank District Attorney Brown and his staff for their important work in this case."

It should be noted that criminal charges are merely an accusation and that a defendant is presumed innocent until proven guilty.