Jordan introduced a bill that would make murder occurring as a result of a drive-by shooting a felony in the first degree to provide greater deterrents to both the shooter and bystanders. An 11-year-old named Ayshawn Davis was killed in Troy when shots were fired during a drive-by shooting by the suspect.
A pro-public safety measure sponsored by the Democratic Senator Daphne Jordan (R, C, I-Halfmoon) was voted down earlier this week in the Senate Codes Committee.
Senator Jordan proposed Senate Bill S.2565, which would amend the State’s Penal Law to add a death resulting from a drive-by shooting to the list of offenses that can qualify as murder in the first degree. The bill was rejected by Senate Majority Members on April 26th with a vote of 7-4. Every Senate Republican Member of the Codes Committee voted in support of Senator Jordan’s public safety legislation.
Senator Jordan’s bill would allow the prosecutor to charge a defendant with murder in the first degree if they committed a drive-by shooting that resulted in an individual’s death. Murder in the first degree is a Class A-1 felony punishable by life in prison without parole, compared to the current classification of murder in the 2nd degree, which is punishable by up to 25 years and life in prison with the possibility of parole depending on the jurisdiction.
Senator Jordan’s regulation was presented on September 18, 2020, directly following the appalling homicide of 11-year-old Ayshawn Davis who was killed during a drive-by shooting in the City of Troy. Senator Jordan’s Senate regulation has an Assembly companion measure, Assembly Bill A.1590, supported by Assemblyman Angelo Santabarbara.
“In September 2020, our entire Capital Region was horrified at the senseless, tragic murder of 11-year-old Ayshawn Davis, the innocent victim of a drive-by shooting that has become all too commonplace across our state. I introduced my bipartisan legislation to help ensure that Ayshawn’s killer received justice and to help strengthen public safety for all New York families,” Senator Jordan said.
“I advocated for a bipartisan vote in the Senate Codes Committee on my public safety legislation, thus urging my colleagues on the other side of the aisle to join me in taking a common-sense step to help prevent future drive-by shootings that claimed the life of Ayshawn Davis, a bright, beloved shining light. Unfortunately, Senate Majority Members serving on the Senate Codes Committee put politics ahead of public safety and voted against my bill. Going forward, I hope they will reconsider their vote and join me in standing up for public safety. Taking a stand against tragedies such as drive-by shootings is crucial and was worthy of strong bipartisan support from every member of our state legislature. It’s disappointing that partisan politics prevented this important bill’s passage.”
