After being arrested by federal authorities last month, Andres Fernandez has been indicted for murder and attempted robbery of L&B Spumoni Gardens co-owner Lou Barbati. On Monday the case was transferred to state court, where Acting Brooklyn District Attorney Eric Gonzalez alleged that Fernandez waited outside of Barbati’s home and “shot him to death in cold blood” in an act of “calculated and senseless murder.”
According to officials, several witnesses identified Fernandez through surveillance images that were distributed by the NYPD. At the time of his death, Barbati had a $15,000 plastic bag of cash that he had taken home from his restaurant. After shooting Barbati five times, prosecutors allege, Fernandez took off without any of the money. His attorney pleaded not guilty for him, reserving a bail application for another date. If convicted, Fernandez could face 25 years to life in prison.