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Office of the District Attorney
Albany Man Found Guilty After DNA Recovered on Gun ALBANY , NY – District Attorney P. David Soares today announced that EIRSHAWN DONLEY, 30, of 162 Ida Yarborough, Albany, NY was found guilty after a jury trial of (1) count of Criminal Possession of a Weapon in the Third Degree, a Class “D” Felony in front of the Honorable Stephen Herrick. DONLEY faces 3½ to 7 years in prison as a second time felony offender when sentenced on May 22, 2008. At about 10:40 A.M. on June 19, 2007 at 162 Ida Yarborough in the City of Albany, EIRSHAWN DONLEY did constructively possess a Ruger P-85 9mm semi-automatic handgun. Based on a tip from a confidential informant who witnessed DONLEY with a gun in the home he shared with his grandmother, Albany Police effected a search warrant at the residence. DONLEY was not home at the time, but Officers recovered a handgun. A DNA swab was subsequently taken from the backstrap of the gun and compared with a court ordered controlled DNA sample from DONLEY. The DNA profile from the gun was consistent with the controlled sample from DONLEY. “I am thankful that another handgun and the defendant willing to use it has been convicted. Our community is better for it. I applaud the Albany Police Department and Assistant District Attorney Calderon for their diligence and professionalism during this investigation and trial. The arrest and prosecution would not have been possible without the help of the citizen, who like me, wants to rid this community of illegal guns,” commented DA Soares. “I would like to say a special thank you to the citizen who made that decision and took this stand with us in combating gun violence. I encourage all other members of our community to do the same.” DONLEY was previously convicted of Criminal Possession of a Weapon in the Second Degree, a Class “C” Felony, and sentenced to 11 years in prison in 1996. Street Crimes Bureau Francisco Calderon handled the prosecution of this case. For further information contact: Heather Streeter Orth
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