Marist College murder: Suspect shot dad with automatic pistol while wearing ski mask, boxer shorts: indictment

The New York man accused of killing a Marist College father who was visiting his freshman son stormed into a Marriott Courtyard lobby wearing a ski mask, “Army-green” jacket and boxer shorts before opening fire with a fully automatic handgun, according to an indictment released Tuesday.

Police found tactical gear, IED literature, ammunition and a “flash bang” grenade in their hotel room, which had been booked by a third party, the court filings reveal.

Roy Johnson, the alleged gunman and an ex-con who was wanted for questioning in a previous murder, is accused in the unprovoked shooting death of Paul Kutz, an accountant and father of three who was staying in Poughkeepsie, New York, attending Marist’s family weekend.

A grand jury indicted Johnson and another suspect, Devin Taylor, last week. Dutchess County prosecutors released the documents Tuesday.

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Johnson is accused of walking into the hotel lobby on Oct. 2 with an automatic pistol before an outburst at the coffee bar, which involved “cursing and yelling while pacing,” according to the documents.

He was carrying “a loaded, operable Glock Model 17…which had been outfitted with a fixed pin to render it fully automatic,” the indictment against him reads.

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After a clerk stopped him from trying to get behind the front desk, according to the indictment, he turned around and allegedly shot Kutz in the chest.

The bullet tore through his heart, lungs and liver and broke one of his ribs before exiting out his back, according to the indictment. He died within minutes.

READ THE DOCUMENTS:

Johnson allegedly continued firing “numerous rounds” in the lobby and then another 22 outside the building. He put down the gun, took off his mask and jacket, and left them with an electronic device in the parking lot, according to the indictment. He went back inside, where responding officers arrested him.

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READ THE DOCUMENTS:

Johnson faces one count of second-degree murder and two firearms charges.

Taylor, the second suspect, faces three firearms charges – including one for allegedly possessing a fully automatic 5.56 rifle with no serial number. The indictments also reveal that an unidentified third party had booked the hotel room for Taylor.

Investigators also said they found “improvised munitions handbooks,” ammunition, “one model fbg6 flash bang” and a smoke cannister in the men’s hotel room.

As officers closed in on Taylor in the hotel courtyard, he allegedly ditched a Walther handgun behind some bushes before he surrendered. Police recovered it at the scene, according to a bill of particulars filed with the indictments.

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Both have prior felony convictions.

Arraignments for both suspects were scheduled for Friday, Oct. 14, at 9:15 a.m. ET.

Officials have described Kutz, an accountant who owned a financial planning firm, as being an innocent bystander in a “random” shooting. There were “no ties” between the victim and the gunman, Poughkeepsie Police Chief Joseph Cavaliere told reporters during a news conference last week.

“The suspect did not know the victim,” Cavaliere went on. “This, we believe, was a random act.”

Law enforcement in the nearby city of Poughkeepsie, which is separate from the town, have accused Johnson of being present at a previous homicide, on Aug. 9, involving a man named Darren Villani. Police had for months been seeking to question Johnson in connection with the murder.

The attack came on a weekend where Marist parents flocked to Poughkeepsie to visit their freshman student children. Many of them booked their rooms months in advance and paid top dollar to be close to campus.

Fox News’ Stephanie Pagones contributed to this report.