Forty-year-old Andres “Andy” Fernandez has been indicted for murder, robbery and more in the shooting death of L&B Spumoni Gardens co-owner Louis Barbati, who was ambushed outside his Dyker Heights home in June.
According to Acting District Attorney Eric Gonzalez, Fernandez, of Melville, Long Island, was arraigned on Monday, December 5 on charges of second-degree murder, first-degree attempted robbery and second-degree criminal possession of a weapon, and ordered held without bail.
“We allege that this defendant was lying in wait outside the victim’s home, then ambushed and shot him to death in cold blood,” said Gonzalez. “This was a calculated and senseless murder of a beloved business man and I intend to prosecute this crime to the fullest extent of the law.”
According to evidence, at around 6:40 p.m. on June 30, Barbati left his famed restaurant, located at 2725 86th Street, and returned to his 12th Avenue home carrying a plastic bag containing $15,000 in cash. After parking his car at the side of the house and exiting the vehicle, the victim was allegedly approached by Fernandez, at which time he shot Barbati several times and fled the scene.
Fernandez was apprehended by police on Thursday, November 3 and faces a maximum sentence of 25 years to life if convicted of the top count.