Sentencing in Attempted Murder Case
A man who attempted to overturn his conviction using a homemade video recorded with a juror has been sentenced. This came after the victim’s sister expressed deep sorrow over his actions, which resulted in the shooting of her neighbor.
Avery Dunning, 37, received 25 years in prison from Manhattan Supreme Court Judge Daniel Konvisor for charges that included attempted murder and assault, following the death of Jemina Garay.
During a virtual statement, Garay’s sister, Arlene Montalvo, conveyed her heartbreak, stating that Garay had acted courageously by confronting Dunning, who was allegedly abusive to his girlfriend.
Montalvo emphasized that Dunning’s shooting was not a random act of violence; it was a reaction to Garay’s efforts to protect her friend from harm. She noted that Garay had made multiple police reports regarding Dunning’s behavior.
After the shooting, Garay was left paralyzed on one side of her body and confined to a wheelchair. Montalvo highlighted that her sister’s bravery cost her greatly—her health, independence, and future.
The sentencing had been delayed for months because Dunning’s mother sought to avoid a lengthy prison term after discovering a sex tape involving Dunning and a juror.
Defense attorney Raymond Loving stated that the 15 explicit videos recorded by Dunning and the juror were found on Dunning’s phone just before sentencing. According to him, one of the videos featured Dunning receiving oral sex from a juror, and he suggested this should lead to the dismissal of the case.
This unusual story prompted witness testimony, including a juror who admitted to a brief relationship with Dunning in 2022 but claimed she didn’t recognize him during the trial. Dunning apparently did not mention the incident until it became beneficial for him, prompting the judge to maintain the conviction.
On the day of sentencing, prosecutors requested a 30-year term. Assistant District Attorney Andrea Kimmel referenced Dunning’s attempts to overturn his conviction as unethical. She noted that Dunning shot Garay because she persisted in trying to halt the domestic violence occurring nearby.
Dunning had evaded authorities for ten months after the February 22, 2023, shooting, eventually being arrested with false identification.
Prosecutors alleged that there was collusion with Dunning’s mother, who was recorded discussing the video with him in a phone call while he was in prison.
The defense plans to appeal the conviction, claiming that Dunning only acted in self-defense during a confrontation.
Judge Konvisor stated that Dunning warranted “severe punishment” for his senseless crime. Manhattan District Attorney Alvin Bragg expressed his sympathy for the victims and their families as they cope with the aftermath of this tragic gun violence incident.
