The unhinged man accused of stabbing two employees of the Museum of Modern Art in a fit of rage is now on his “deathbed” in a New York City hospital, according to a lawyer who is seeking to have the case thrown out. The Post reported.
Gary Kavanagh, 62, was diagnosed with throat cancer more than a year ago and may not survive, his lawyer Arnold P. Keith told prosecutors in Manhattan Supreme Court on Wednesday. That was asked.
“He’s at a stage right now where he can’t even be treated,” Keith later added to the Post. “The last time I saw him, he was in pretty bad shape.”
His lawyer said Cabana was an “artistic man” who jumped over the reception desk at MoMA and knifed two staff members on March 12, 2022, after being denied a screening of Bring Up Baby. He is accused of cutting him.
He continued to send taunting messages online for days before being arrested in Philadelphia and then extradited to New York to face charges of attempted murder and assault.
Kavanagh’s attorney said he filed a “Clayton” motion in August 2023 asking for the case to be dismissed in the interests of justice as his client’s cancer worsened.
“We’ve had some cases where we’ve talked about people and defendants on their deathbeds, and that’s what we’ve got here,” Keith said.
Kavanagh did not appear at a hearing scheduled for Wednesday before Judge Gregory Caro, where his lawyer told a Manhattan assistant district attorney that the stabbing suspect was “on his deathbed.”
Keith told the Post it would be a “miracle” if Kavanagh was healthy enough to appear in court again.
Kavanagh lost weight while undergoing cancer treatment at Bellevue Hospital and has lost at least 35 to 40 pounds since being incarcerated, his attorney said. The attorney added that Ms. Kavanagh recently had a tube that delivered medication removed from her stomach.
Police said at the time that prior to the attack, Kavanagh had had his museum membership revoked due to another riot.
Prosecutors said surveillance camera footage showed Kavanagh jumping over a reception desk and stabbing two terrified employees multiple times in the back, neck and torso.
Both were rushed to Bellevue Hospital, where they later recovered from their injuries.
Just two months before the attack, Kavanagh allegedly punched the manager of the Nederlander Theater on West 41st Street after being fired from his job as an usher at a Broadway theater.
He was accused of setting fire to a room at a Best Western hotel in Philadelphia and was also charged with arson when he was arrested after a search, police said at the time.
While on the run, the fugitive has been active on social media, posting bizarre messages and direct messages to New York Post employees, including one in which an employee posted a photo of Vincent van Gogh. He claimed that the painting was “lost” at the Museum of Modern Art in New York because he refused to look at it. Representative work “Starry Night”.
Kavanagh’s lawyer said Kavanagh’s alleged crimes coincided with his isolation due to the coronavirus pandemic, and that Kavanagh “blacked out” because he was not taking proper medication at the time.
Kavanagh has bipolar disorder and changed his medication before the museum attack, his lawyer said.
“I spoke to him when he was conscious, and this man is a wonderful person. Very smart, very kind, very polite. This is a tragedy,” Keith said. Cabana added that he enjoyed museums and old movies.
Kavanagh earned a bachelor’s degree from the University of Georgia, graduating summa cum laude, and then earned a bachelor’s degree in fine arts from Missouri State University, his attorney said.
His lawyer said that while the MoMA attack, which was caught on camera, cannot be ruled out, he believes it could have been avoided if Mr. Kavanagh had received proper assistance before committing the crime.
“He is mentally ill. His medication has changed. He was not receiving proper treatment,” Keith said.
“It was one thing after another. All these things happened in one month. It’s sad.”
The Manhattan District Attorney’s Office said the case remains open and pending.
The next public hearing is scheduled for June 5th.
