The alleged Brooklyn pot dealer accused of conspiring with two other suspects to kill a cafe owner during a 2011 drug deal will remain behind bars pending trial, a judge ordered Tuesday — as prosecutors revealed he could’ve saved the victim’s life after he was shot.
The suspect, 26-year-old Michael Mazur, had requested he be given bail while he and his alleged co-horts, Kevin Taylor and Gary Robles, await trial for allegedly killing Joshua Rubin and setting his body on fire in a remote area of Pennsylvania.
At a Manhattan federal court hearing Tuesday, Assistant US Attorney Dominic Gentile said Mazur acted as a lookout while Robles and Taylor shot and killed Rubin — but added Mazur could’ve saved his life if he tried to cover up the caper.
“The travesty here judge is that if the defendant — or anyone of his co-defendants — sought aid for the victim, instead of executing a cover-up, there’s a chance the victim would have survived,” Gentile said.
“Mr. Rubin was alive when Mr. Mazur entered the apartment where the shooting took place,” he added.
Instead of helping the fatally wounded cafe owner — who had agreed to meet the trio of pot pushers for a one-pound marijuana deal — Mazur, Taylor and Robles rolled up his body in plastic, put it in the trunk of car, then set it on fire in a wooded area of Pennsylvania, Gentile said.
In his request for bail, Mazur agreed to put up his childhood home in the Kensington section of Brooklyn, which is worth several million dollars.
Gentile said a bail package secured by the house “doesn’t make any sense” — because agents who arrested Mazur found more than 230 pounds of pot and more than $200,000 in cash inside the basement of the house.
Mazur’s defense attorney, Matthew Kluger, said the pot and cash recovered from the home was in the basement, in a separate apartment unit from the one where Mazur and his mother lived on the first floor.
He added that client suffers from mental disabilities and was an “impressionable” 18-year-old when the killing of Rubin took place.
Judge Laura Swain said she agreed with prosecutors that Mazur is a significant risk of flight and ordered him detained pending trial.
Prosecutors previously alleged Robles shot Rubin once in the chest during the Halloween pot-deal-turned robbery in an apartment in Kensington. The trio then allegedly bought supplies from a local Home Depot, drove his body to outside Allentown, Pa., and set it alight.
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