2010-03-26 / Front Page

No Murder Charge For Seagirt Shooter

By Howard Schwach
ARockaway man who accidentally shot and killed an acquaintance during a life and death struggle for a handgun inside a vehicle on Seagirt Boulevard and Beach 6 Street last week will not face a murder charge, court sources say.

Police say that Julius Smith, 19, was riding with a still unidentified man in a 2009 Mazda along Seagirt Boulevard at about 5 a.m. on Thursday, March 18, when an argument broke out.

Police say that the two men were smoking marijuana when the argument broke out and quickly escalated.

Smith pulled out a gun and shot the driver in the right thigh, police sources told The Wave.

The driver grabbed for the gun, and in the life-and-death struggle, shot Smith once in the chest, killing him almost instantiously, police sources say.

Smith tumbled from the car and was found dead on Seagirt Boulevard and Beach 3 Street with the handgun and his blood-stained red sweatshirt lying next to his body on the busy throughfare. Police closed off the road, divirting Long Beach traffic for hours. The driver, who reportedly called the 911 emergency service, was found bleeding in the car about 500 yards north of the shooting, on Route 878, the sixlane road that makes up the border between Rockaway and Nassau County.

The driver remains in stable condition at Jamaica Hospital, sources say.

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