Niagara Gazette

Courts

April 19, 2013

Prison term in home invasion case

(Continued)

Niagara Gazette — As the two men went to walk away, DalPorto went to stop them. As he did, he noticed that both Ramos and Loverdi had their hands in their pockets and appeared to be holding on to something. Veteran Narcotics Detective John Galie, who had been searching the apartment, heard DalPorto talking and went to make sure there were “no problems.”

“As soon as I walked out there, I just had this sense that something was wrong,” Galie said. “I could just tell. The one guy (Ramos) had his hands in his pockets and he refused to take them out.”

Galie repeatedly told Ramos, to get his hands out of his pockets. Instead, Ramos began to turn away from Galie and the detective saw him begin to take something out of his waistband.

“I reached in to grab his hands and I felt a gun,” Galie said.

As Galie struggled with Ramos for control of the weapon, DalPorto yelled at Loverdi, to get his hands out of his pockets as well. When Loverdi refused to show his hands, DalPorto took him to the floor and as he struggled to move the suspect’s hands from underneath him, he felt a handgun in his pocket.

Ramos had a loaded snub-noised .38-caliber handgun. Loverdi was packing a loaded .22-caliber semi-automatic pistol.

Both guns had been stolen in a burglary in the Falls.

DalPorto and Galie believed Ramos and Loverdi had come to the apartment to conduct a home invasion-style robbery of the drug dealer there.

Defense attorneys had argued that police had no legal right to question their clients, search them or seize their guns. Murphy disagreed, saying DalPorto and Galie acted lawfully.

Loverdi has pleaded guilty to a single count of attempted second-degree criminal possession of a weapon. Murphy has said he will sentence him to no more than 7 years in prison.

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