NEW YORK – Andres Tabares, 40, has been sentenced to 12 years in prison on assault charges for striking a police officer with a crowbar causing severe physical injuries. Police officers were pursuing two defendants who were attempting to burglarize a home on April 16, 2019, in Kew Gardens, Queens when the assault took place. Co-defendant Marlon Morales Moreira, 32, was also charged in connection with the incident.
Tabares, of 89th Street, Howard Beach, Queens pleaded guilty in August to assault in the first degree before Queens Supreme Court Justice Daniel Lewis who imposed today’s determinate sentence of 12 years in prison to be followed by 5 years post-release supervision. Defendant Morales Moreira, of 75th Street, of Woodhaven, Queens, has also been charged and is awaiting his next court date on October 12, 2022.
According to the charges, at approximately 9:40 p.m., on Tuesday, April 16, 2019, a 911 call was made from a man stating that he heard someone at his back door trying to break into his home. Police officers responded to the 59th Avenue address and spotted defendant Tabares along with defendant Morales Moreira. Both defendants immediately fled the scene in different directions and police officers gave chase. Police Officer Anthony Spinella pursued defendant Tabares on foot. As Officer Spinella caught up to Tabares he grabbed his shirt at which time defendant Tabares swung his arm around and hit Officer Spinella in the face with the crowbar he was holding.
District Attorney Katz said, as a result of the defendant’s actions the officer sustained serious physical injury to his left eye leaving him unable to perform his duties as a police officer. At the time of the defendant’s arrest, he stated in sum and substance that “it was a mistake” and that he was just “trying to get away.” Defendant Morales Moreira was apprehended without incident.
Queens District Attorney Melinda Katz said, “This defendant caused severe and permanent damage to a police officer responding to an attempted burglary call. Such brazen attacks will not stand in Queens County. The defendant, who pleaded guilty to the crime in August, has now been held accountable and sentenced by the Court.”
