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Case Description

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Summary based on 8 sources
In a tragic turn of events on April 3, 2018, a young Black man from Hempstead, New York, lost his life not at the hands of his assailants, but from a bullet fired by a friend trying to protect him. Pharoh Xavier Boone, a 20-year-old male, was visiting a friend, John McElroy, at his home in Valley Stream when the unexpected horror of a home invasion unfolded. Three men, later identified as Michael Durham, 20, Gil Iphael, 18, and Joshua Desrosiers, 21, forced their way into the residence with the intent to rob the occupants.

The chaos and fear that ensued during the break-in led McElroy to arm himself in a desperate attempt to defend his home and his friend. In the ensuing pandemonium, McElroy accidentally discharged his weapon, striking Boone in the back. The very act meant to ensure his safety tragically became the cause of his death. Boone was rushed to Long Island Jewish Medical Center, but the severity of his wound was too great, and he was pronounced dead shortly before 11 p.m. that evening.

In the aftermath of the fatal shooting, an investigation led to the swift arrest of the three men responsible for the home invasion. Durham, Iphael, and Desrosiers were all taken into custody and faced the serious charge of second-degree murder. The legal foundation for this charge rested on the principle of felony murder, which holds individuals accountable for any death that occurs during the commission of a dangerous felony, such as a home invasion, even if they did not directly cause the death. While it was McElroy's gun that fired the fatal shot, the law held the three intruders responsible for setting in motion the chain of events that led to Pharoh Boone's untimely demise. The man who accidentally shot his friend, John McElroy, faced a gun possession charge.