Cape & Islands District Attorney Michael O'Keefe announced today that the Massachusetts Appeals Court has affirmed the conviction and the denial of the motion for a new trial of Ilya Zinov, age 29 of Centerville. The defendant was found guilty in Barnstable Superior Court on April 17, 2014 on all charges: Armed Assault to Murder, Aggravated Assault and Battery with a Dangerous Weapon, Carrying a Firearm without a License, Possession of a Firearm in the Commission of a Felony, and Firearm Violation with two Prior Violent Drug Crimes.
On January 5, 2012, the victim was at a restaurant in Hyannis and began arguing with his girlfriend. The defendant interjected himself. The victim and defendant exchanged words. Later that evening when the victim was changing a flat tire on his girlfriend’s car in the restaurant parking lot, the defendant shot the victim multiple times in the back, neck, and arm. The victim was treated at Cape Cod Hospital, transported to Boston Medical Center, and has lasting injuries.
The Massachusetts Appeals Court rejected both of the defendant’s claims of error. The defendant asserted that the prosecutor’s closing argument was improper. The Court held that the closing was not in error because it was in response to the defense attorney’s closing argument.
The defendant also alleged that the Commonwealth should have introduced the cooperation agreement with the victim in the grand jury. The victim received consideration on a pending drug charge in exchange for his cooperation at trial. The Appeals Court held there was no error, the grand jury heard sufficient evidence for probable cause to support the indictments.
The defendant was sentenced by the Honorable Robert Rufo to 12-15 years to MCI Cedar Junction for Armed Assault to Murder, and concurrent sentences of 7 years to 7 and a day on the Firearm Violation with Two Prior Violent Drug Crimes, 5 to 5 years and a day on the charges of Carrying a Firearm without a License and Possession of a Firearm in the Commission of a Felony, and twenty years’ probation for Aggravated Assault and Battery. The case was investigated by the Barnstable Police Department Detectives Division. The appeal and motion for a new trial were handled by Assistant District Attorney Elizabeth A. Sweeney.