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Teen charged with hate crime murder of O'Shae Sibley to be tried as an adult
By
Brittany Kriegstein
Published Aug 11, 2023
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Caroline Rubinstein-Willis/Mayoral Photography Office
By
Brittany Kriegstein
Published Aug 11, 2023
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The Brooklyn teen charged with the murder of O’Shae Sibley will face trial as an adult after pleading not guilty on Friday to a growing list of charges in what prosecutors are alleging was a hate crime.
Judge Craig Walker sent Dmitriy Popov back to Crossroads Juvenile Detention Center after the brief proceeding, which Popov’s mother and grandmother attended.
“While you are there at the facility, I’m expecting you to take advantage of whatever programs they have there for you,” Walker said, urging the lanky teen to stay on the straight and narrow. “It’s surprisingly easy to get in trouble at the facility, and you don’t need anything else going on.”
Late last month, Sibley, 28, was traveling back from a day at the beach in New Jersey when he and his friends stopped for gas at a Mobil station in Midwood. Authorities say that as Sibley and his friends began dancing and voguing while pumping gas, a group of people that included Popov confronted them, demanded they stop dancing, and used racist and homophobic epithets against them. Prosecutors say Popov then approached Sibley, stabbed him once in the rib cage and then fled in a Toyota Highlander. Popov surrendered last Friday in consultation with his attorney.
On Friday, Popov appeared in a blue hoodie and dark pants, with his hands cuffed behind his back. His hair, which was long and curly in the widely viewed surveillance video of the incident, was shaved short. As he approached the defense table, Popov took a long look at his mother and grandmother, who were seated in the courtroom. His grandmother waved at him.
When the judge asked how he was doing, Popov nodded and said “OK.”
None of the case's specifics were discussed, though an order of protection was entered to ensure that evidence stays private to the defense and prosecution as the case proceeds.
Outside the courthouse, Popov’s attorney Mark Pollard said his team may be looking into a self-defense argument, though he acknowledged that it’s still too early to say what direction their strategy will take.
“With self-defense cases, a lot has to do with what’s in the mind of the person that committed the act. What were they thinking, and were they acting reasonable, or not reasonable?” Pollard said.
He added the surveillance video is helpful to that defense route because it shows that “other people — bigger, stronger, taller than him, older than him — a number of other people, are approaching him and he’s moving back.”
Pollard said that before his interaction with Sibley, Popov was a normal teenage boy who lived with his Russian mother in Brooklyn and worked two jobs. He was about to start his senior year of high school.
“Nothing about his past or his history shows that he’s the type of person to commit this crime,” Pollard said.
He also noted some discrepancies with some of the details that have been reported in the case so far, specifically the assumption that Popov is a Muslim, based on comments some witnesses heard at the scene.
“As I’ve said before, I’m not sure where the Muslim angle came in, but I’m trying to get to the bottom of that,” Pollard said. “Dmitriy is a …. Christian boy, who has gone to church for a very long time.”
He did not comment on Popov’s change in hairstyle, and would not say whether Popov knew that Sibley was unarmed when he was killed.
“He’s obviously sorrowful, he’s sad, he’s afraid, as he should be at 17 years old,” Pollard said. “But he has faith, and he prays, and he has great family support, and he’s hanging in there. He regrets what happens, he certainly does. But that doesn’t mean he’s guilty of a crime, those are two separate things.”
Popov’s mother and grandmother declined to comment outside the courthouse, though Popov’s mother confirmed to a reporter that her son is a Christian.
Pollard said he requested additional protection for Popov at Crossroads, which has been cited for a major influx of contraband and violent threats from detainees in the past.
Popov’s next court date is Oct. 10.
Tagged
LGBTQ
public safety
brooklyn
hate crime
Brittany Kriegstein
Brittany Kriegstein covers all breaking news around New York City, with a focus on crime and gun violence. Got a tip? Email Brittany at [email protected].
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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