Murder trial to begin in death of iconic Brooklyn pizza joint owner

The Bobster

Senior News Editor since 2004
https://nypost.com/2019/11/18/murder-trial-to-begin-in-death-of-iconic-brooklyn-pizza-joint-owner/

Murder trial to begin in death of iconic Brooklyn pizza joint owner
By Andrew Denney and Ebony Bowden
November 18, 2019 | 5:35pm

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Andres Fernandez (left)
Kristy Leibowitz


It’s an enduring murder mystery with all the red sauce fixings.

Three years after a killing that shocked Brooklyn, the trial of the suspect in the shooting of Louis Barbati, co-owner of the legendary Gravesend pizzeria L&B Spumoni Gardens, is set to begin in Brooklyn Supreme Court this week.

The feds initially investigated the murder of Barbati outside his Dyker Heights home in June 2016 as a mob hit that may have been part of a battle between two Italian crime families over a stolen pizza sauce recipe.

But the FBI eventually turned the case over to the NYPD, which settled on 43-year-old Andres Fernandez as the prime suspect and labeled the case as a botched robbery.

The cops say Fernandez shot Barbati, who was carrying $15,000 in a bag and a loaf of bread, five times in a robbery turned lethal.

But a lawyer for Fernandez on Monday said the story didn’t add up — noting that Fernandez didn’t know Barbati and that whoever killed him didn’t make off with his bag of cash.

“It’s been three years. The federal government and the New York City Police Department still can’t say why this happened,” attorney Javier Solano told The Post.

“And more importantly, they can’t say why my client would do something like this to Mr. Barbati.”

Surveillance footage allegedly showed the Long Island man and his white Acura at the scene on June 30 — while his cell phone was also traced to Dyker Heights and Spumoni Gardens in Gravesend earlier that day.

When jury selection began on Friday, the Brooklyn district attorney’s office agreed to drop the attempted robbery charge and murder charge associated with the alleged robbery.

The charges against Fernandez now are second-degree murder and criminal possession of a weapon.

In 2009, a former L&B employee stole the recipe for the iconic pizzeria’s sauce and started a competing pie place over in Staten Island — which drew the ire of a reputed Colombo crime family associate who was married to one of L&B’s co-owners.

The dispute was settled at a sit-down at a Panera Bread, where the alleged sauce bandit agreed to fork over $4,000.

L&B was founded by Barbati’s grandfather, Ludovico, in 1939.

The younger Barbati was shot and killed near the side door of his house on 12th Avenue in Dyker Heights at about 7 p.m. on June 30, 2016.

Five months later, Fernandez was picked up by FBI agents who had also worked on cases involving the Columbo and Bonanno crime families, but the feds turned the case over to the Brooklyn district attorney’s office when they couldn’t find a mob connection.
 
https://nypost.com/2019/11/19/suspect-in-brooklyn-pizzeria-slaying-a-patsy-lawyer-says/

Suspect in Brooklyn pizzeria slaying ‘a patsy,’ lawyer says
By Andrew Denney and Jorge Fitz-Gibbon
November 19, 2019 | 7:50pm | Updated

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Louis Barbati


He’s just a pizza patsy.

A Long Island man charged with gunning down the owner of an iconic Brooklyn pizza joint in 2016 is being framed, his lawyer said at the opening of his murder trial Tuesday.

The lawyer for Andres Fernandez, who is charged with the slaying of L&B Spumoni Gardens pizzeria owner Louis Barbati, said prosecutors just don’t have the ingredients to put his client behind bars.

“It’s a setup,” defense attorney Javier Solano told the jury during opening arguments in Brooklyn Supreme Court. “That’s what this case is, it’s a setup. Andy Fernandez is being used as the fall guy in this case, in this crime.”

“You know what they call that in Brooklyn? He’s a patsy,” he added, without elaborating on how Fernandez was set up.

The Melville resident was nabbed five months after Barbati was shot five times outside his Dyker Heights home on June 20, 2016, clutching a bag loaded with food, beer and $15,483 in cash.

The FBI first called the shooting a mob hit, possibly from a beef over the theft of L&B Spumani’s secret pizza sauce recipe by a former employee.

The saucy theft ticked off a Colombo crime family associate who was married to an L&B co-owner, but the feud was settled at a sit-down for $4,000.

The feds instead turned the case over to the NYPD, who investigated it as an armed robbery.

Prosecutors at the trial have not disclosed a possible motive but said they have enough evidence to prove that Fernandez pulled the trigger.

Assistant District Attorney Emily Dean told jurors Tuesday it was simply “the killing of a family man on a sunny summer night, that’s where this investigation began.”

She said Barbati’s wife, Joann, was in the house making dinner when the shots rang out.

“As she ran over she saw her husband come through the gate to their backyard, bleeding and saying, ‘Help, I’ve been shot,'” Dean said. “You’ll hear he died right there in his backyard.”

She said Fernandez “laid in wait” for hours before the shooting.

Surveillance footage shows a white Acura matching one owned by Fernandez pulling up at the scene of the shooting, and was spotted at the restaurant earlier in the day.

Fernandez is charged with robbery and second-degree murder.

The trial is expected to last about three weeks.
 
https://nypost.com/2019/12/06/accus...ller-was-done-in-by-his-baby-mama-prosecutor/

Accused Spumoni Gardens killer was done in by his baby mama: prosecutor
By Andrew Denney
December 6, 2019 | 5:56pm

The accused killer of L&B Spumoni Gardens’ co-owner Louis Barbati was done in by his baby mama, prosecutors said Friday.

The woman recognized suspect Andres Fernandez, the father of her three children — down to the slump of his shoulders and the way he carries his cellphone — from surveillance footage that police provided TV stations about a week after Barbati’s June 2016 killing and called the cops, Brooklyn Assistant District Attorney Emily Dean told a Brooklyn jury.

The ADA was making her closing arguments in Fernandez’s three-week trial.

“She drops her phone and braces herself on the sink because of what it meant to her,” Dean said to jurors, referring to the mother of Fernandez’s children.

The ADA replayed surveillance footage showing an individual dressed in denim shorts and a white shirt in the area of Spumoni Gardens in Bensonhurst several hours before Barbati was shot from behind at least six times outside of his home on 12th Avenue in Dyker Heights.

Dean also replayed surveillance footage taken from Barbati’s neighborhood just after the victim was shot, in which an individual wearing a black hoodie is seen fleeing the scene to a white Acura.

When Fernandez, 44, of Melville, LI, was arrested in November 2016, police did not recover a firearm or the cellphone that Fernandez used on the day of Barbati’s death, officials have said. But police did find a white, late-model Acura in his garage — and a plastic surgeon’s business card in Fernandez’s wallet with Barbati’s address written on the back.

Jurors will begin deliberations in the case Monday.
 
https://nypost.com/2020/10/19/li-man-sentenced-in-killing-of-lb-spumoni-gardens-owner/

LI man sentenced in killing of L&B Spumoni Gardens owner
By Kenneth Garger
October 19, 2020 | 7:29pm | Updated

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Andres Fernandez and the Spumoni Gardens sign.
Kings County District Attorney


The Long Island man convicted of fatally shooting the owner of the legendary Brooklyn pizzeria L&B Spumoni Gardens was sentenced Monday to 24 years to life in prison for the June 2016 murder, officials said.

Andres Fernandez, 45, was found guilty in Brooklyn Supreme Court last December of second-degree murder and weapons possession for killing Louis Barbati outside of his Dyker Heights home.

“This defendant is now facing the serious consequences for the brazen ambush murder of an innocent and beloved local business owner right outside of his home,” Brooklyn District Attorney Eric Gonzalez said in a statement announcing the sentencing.

The feds initially investigated Barbati’s death as mob-related because of an old beef over the theft of the pizza joint’s famous sauce recipe, but the case was eventually handed off to the NYPD, which investigated it as a botched robbery.

Barbati was gunned down about an hour after he left his pizzeria while carrying over $15,000 cash in a plastic bag, authorities said.

Fernandez, who was at L&B Spumoni Gardens before the shooting, was then seen on surveillance footage fleeing the murder scene in a white Acura without taking the loot, according to prosecutors.
 
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