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Damion Colabatistto, Murder, New York 2009

Gunfire meant for a rival drug dealer tore through the wrong house in Rochester, killing 20-year-old mother Moesha Harmon just days before her 21st birthday. The shooter, 39-year-old Damion Colabatistto of Rochester, NY, stood trial for over a decade of violent drug operations—and was convicted on all counts following a jury verdict.

Colabatistto was found guilty of murder, conspiracy to possess and distribute cocaine, crack cocaine, and heroin, and of possessing firearms during and in furtherance of the narcotics conspiracy. The charges stem from a sprawling, ruthless drug ring that operated across Rochester for years, leaving bodies and broken families in its wake. U.S. Attorney William J. Hochul, Jr. called the group “one of the most violent” the city has ever seen.

On July 26, 2009, Colabatistto and his co-conspirator, former brother-in-law Angelo Ocasio, arrived at 137 Cameron Street armed and ready to kill a rival dealer. The night before, Colabatistto had fought with the target. When Harmon appeared at the upstairs window, they opened fire—killing her instantly. She was not their intended victim. Ocasio was convicted in May 2016 and awaits sentencing on November 9, 2016.

The same firearm used in Harmon’s murder was later fired into Jose Troche, a fellow member of the drug conspiracy, on January 14, 2010, outside his home at 510 Augustine Street. Troche was executed because leaders James Kendrick and Pablo “Paul” Plaza feared he’d cooperate with federal prosecutors. Colabatistto helped plan the hit and served as getaway driver while Plaza pulled the trigger.

ATF Special Agent in Charge Ashan M. Benedict condemned the brutality, emphasizing that innocent lives were treated as collateral damage. “Moesha Harmon was a mother of two, full of life and promise,” Benedict said. “She was murdered in error, cut down by a bullet meant for someone else. That’s the reality of street-level drug wars.”

The jury’s verdict brings no relief to Harmon’s children, but law enforcement hopes it delivers a measure of justice. Colabatistto now faces life in prison for murder, up to 20 years for drug conspiracy, and a mandatory minimum of five years—up to life—for the firearms charge, to be served consecutively. Assistant U.S. Attorneys Everardo A. Rodriguez and Melissa M. Marangola led the prosecution, calling it a landmark case in Rochester’s fight against organized street violence.

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