White Plains, NY - The Westchester County District Attorney's office announced that James Pileggi, 31, of Eastchester, New York was sentenced to an indeterminate term of three to nine years in state prison on his conviction after a jury trial of one count of Manslaughter for causing the death of Andre Everett.

On the evening of November 3, 2009, the victim, a New Rochelle realtor, was inside his home in New Rochelle.

He went out onto his driveway to talk to a group of acquaintances who were seated in the defendant’s car.

The car was owned by James Pileggi who at the time was an off-duty Eastchester Police Officer.

Pileggi was seated in the front passenger seat of his car and was playing with his off-duty gun, a Glock 9mm, with a laser sight affixed to it.

At some point while the victim was standing by the rear driver’s door, the defendant discharged the weapon and the bullet struck the victim in the throat.

New Rochelle police were called and the victim taken to Sound Shore Medical Center where he was pronounced dead.

The ensuing investigation lead to the arrest of the defendant.

“This defendant was an experienced police officer who worked in two police departments in Westchester County and had repeated training in the use and safeguarding of his firearm,” said District Attorney Janet DiFiore following the sentencing. “For former police officer Pileggi to claim that the shooting of his friend was an accident and not a conscious disregard for due care and safety is absurd and simply a ploy to avoid accountability for his reckless action, an action for which a jury found him responsible and the Court sentence him today.”

The defendant’s first trial ended with a hung jury.

The defendant had been remanded to the County Jail.

Assistant District Attorney Fredric I. Green and Assistant District Attorney Alexis Celestin of the Superior Court Trial Division prosecuted the case.