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Alvin Smothers, beforehand convicted of theft in a deadly Mount Vernon capturing, is sentenced earlier than Decide Barbara Zambelli on the Westchester County Courthouse, Sept. thirteen. 2017.
Mark Vergari/lohud

An ex-con whose theft of an undercover NYPD detective throughout a botched gun purchase in Mount Vernon led to the officer’s deadly capturing of a bystander was sentenced Wednesday to fifteen years in jail.

It was the utmost sentence Alvin Smothers confronted for second-diploma theft. He had been spared a jail time period of as much as 25 years to life in July when Westchester County Decide Barbara Zambelli acquitted him on a second-diploma homicide cost associated to the officer’s capturing of sixty one-yr-previous Felix Kumi.

ACQUITTED: Smothers convicted of robbery but not guilty of murder

SHOOTING: Undercover cop details shooting in botched gun buy

Smothers spoke briefly, offering his condolences to the families of both Kumi and the undercover officer, who was forced to retire on disability because of trauma from the shooting. But Zambelli was unmoved, citing the dangerous work of undercovers and the fact that the inoperable pellet gun Smothers brandished that day “looked every which way like a firearm.”

The detective, Undercover 113, had purchased more than two dozen guns from Jeffrey Aristy of the Bronx as part of Operation Stadium. On Aug. 28, 2015, he met up with Aristy expecting to buy a Mac 10 assault pistol and a .38 caliber revolver for $2,450. 

Aristy had the undercover drive to Mount Vernon, where they met up with Smothers and another man, Samuel Ruiz. Smothers got into the back seat of the undercover’s car.

While it was parked on Beekman Avenue, Ruiz stood outside as a lookout. After several minutes, Smothers pulled out a gun from his bag and demanded money from the undercover, who turned over cash.

The second-degree robbery charge was never in doubt during the two-week non-jury trial. But Smothers’ lawyers challenged the murder charge, which accused him of causing Kumi’s death while in immediate flight from the robbery.

They argued successfully that the robbery was finished, Smothers had left the car, put away his gun and was walking away when the undercover jumped out of the car and fired 11 shots, emptying his magazine.

Kumi was struck at the corner of Beekman and Tecumseh avenues but the undercover said he didn’t…