STATE OF NEW YORK : COUNTY OF DUTCHESS
COUNTY COURT
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THE PEOPLE OF THE STATE OF NEW YORK
BILL OF PARTICULARS
– against –
ROY A. JOHNSON, Ind. No. 87(1)/2022
Defendant.
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The Plaintiff, as and for its Bill of Particulars, alleges:
As to Counts One through Five, and Count Eight of the Indictment:
A. The date when the crimes were committed is on or about the 2nd day of October 2022.
B. The time when the crimes were committed is in the morning hours, at approximately 7:29 a.m.;
C. The place where the crimes were committed is in the Town of Poughkeepsie, County of Dutchess and State of New York, more particularly in the Courtyard by Mariott hotel, located at 2641 South Road.
Substance of Defendant’s Conduct as to
Counts One through Five and Count Eight of the Indictment
At the above date, time and place, the defendant entered the lobby of the Courtyard by Marriott hotel, armed with a loaded, operable Glock Model 17, 9-millimeter caliber semi-automatic pistol bearing serial number TKB407, which had been outfitted with a fixed pin to render it fully automatic. At the time, the defendant was wearing an “Army-green” colored jacket, green boxer-type shorts, and a black balaclava over his head and face. The defendant was cursing and yelling while pacing in the lobby, near the barista bar. The defendant then approached the front desk clerk and attempted to make his way around the front desk, but the clerk put his arm out to stop him from proceeding any further. The defendant then turned away from the clerk, walked toward the table seating area near the front lobby doors, took out the Glock pistol, and began firing. The defendant fired at least 26 rounds of ammunition throughout the lobby while other guests and employees were present. In so doing, the defendant acted under circumstances evincing a depraved indifference to human life, by recklessly engaging in conduct which created a grave risk of death to other people (Count 8), and thereby caused the death of Paul J. Kutz (Count Two). Further, the defendant, with intent to cause the death of another person, caused the death of Paul J. Kutz by firing the gun at him, striking him once in the right side of his torso under his armpit, causing fatal injuries. (Count One). The bullet perforated the right top lobe of Mr. Kutz’ liver, the lower lobes of both lungs, as well as his aorta, and fractured his left seventh rib and then exited out his back. Mr. Kutz died within minutes of being shot by the defendant.
In addition, with intent to cause the death of another person, the defendant attempted to cause the death of Olga Hostyeva by shooting her with the pistol. The defendant approached Ms. Hostyeva, an employee who was behind the Bistro counter, and fired the pistol at her (Count 3).
After firing inside the lobby of the Marriott, the defendant went outside where he fired at least twenty-two rounds in the area of the parking lot and entryway to the hotel property. At some point, the defendant removed his green jacket and balaclava and left those items along with an electronic detector device in the parking lot. He also removed the magazine from the Glock and placed both items on top of a black BMW SUV which was parked in the Marriott parking lot. The defendant then went back into the Marriott hotel, where he was subsequently located by responding officers and taken into custody.
At the time of these acts, the defendant knowingly possessed a machine gun, to wit: a Glock Model 17, 9-millimeter caliber semi-automatic pistol bearing serial number TKB407, which had been outfitted with a fixed pin to render it fully automatic, with intent to use the same unlawfully against another. (Count 4). Further, the defendant knowingly possessed a loaded firearm, to wit: the Glock Model 17, 9-millimeter caliber semi-automatic pistol bearing serial number TKB407, and such possession did not take place in the defendant’s home or place of business. (Count 5).
As to Counts Six and Seven of the Indictment:
A. The date when the crimes were committed is on or about and between the 1st and 2nd days of October, 2022.
B. The time when the crimes were committed is from the afternoon hours on the 1st until approximately 7:35 a.m. on the 2nd;
C. The place where the crimes were committed is in the Town of Poughkeepsie, County of Dutchess and State of New York, more particularly in room 143 of the Courtyard by Mariott hotel, located at 2641 South Road.
Substance of Defendant’s Conduct as to
Counts Six and Seven of the Indictment
At the aforementioned dates, times, and place, the defendant knowingly possessed a machine gun, to wit: an operable, AR-style, fully automatic rifle, bearing no serial number, but inscribed with the words “We the People” and bearing the “Punisher” face (Count Seven). The rifle, which was semiautomatic, had the ability to accept a detachable magazine, and also had the following characteristics: a selector switch; a telescoping stock; a pistol grip which protruded conspicuously beneath the action of the weapon, a second handgrip that can be held by the non-trigger hand; a flash suppressor and muzzle compensator. The defendant knowingly possessed the rifle, along with a quantity of 5.56 ammunition which was capable of being used to discharge such firearm, and such possession did not take place in the defendant’s home or place of business. (Count Six). The defendant was also in possession of the following items in room 143: three (3) magazines with rounds; assorted ammunition; three (3) Improvised Munitions Handbooks; assorted magazines; a black face mask; a Tomahawk box containing assorted ammunition; a guitar case which was retrofitted to hold the AR-15 style rifle; one (1 ) clear plastic bag containing two (2) rifle bolts and rifle rail system; three (3) rifle parts, which attach to a rifle rail system, located within the guitar case; a firearm bi-pod; a handgun holster; a clear plastic bag containing a green leafy substance and a white-colored pill; a firearm/rifle brass catcher; an end cap for a firearm silencer/suppressor; a Vlife firearm scope; a stock for a firearm/buffer tube; Kukai SOG knife and black sheath; grey/black blanket with burn-like marks; buffer and buffer spring; four (4) pieces of firearm accessories; a green canvas bag; two containers of Tannerite; one model fbg6 flash bang; and one cannister of “clear out” smoke bomb. The hotel room had been rented for Devin Taylor by a third party, for two nights, beginning on October 1, 2022.
Yours, etc.,
WILLIAM V. GRADY
Dutchess County District Attorney
236 Main Street
Poughkeepsie, New York 12601
(845) 486-2300
