<P> On June 10, 2005, Brancato was arrested by the Yonkers Police Department, in Yonkers, New York . Officers originally pulled Brancato over for having a rear brake light out and found he had an expired registration and no other papers for the vehicle . He gave police permission to look in a cigarette box, where they found four bags of heroin . He was charged with a seventh - degree Class A misdemeanor for criminal possession of a controlled substance . </P> <P> Six months later, on December 10, 2005, Brancato was arrested by the New York City Police Department (NYPD) in the Bronx for the murder of 28 - year - old police officer Daniel Enchautegui, who was at home and off - duty at the time of his death . Enchautegui had served with the NYPD for three years and was assigned to the 40th Precinct in the Bronx . Enchautegui confronted Brancato (then 29) and his accomplice, Steven Armento (48), outside a vacant house located at 3119 Arnow Place, next to his own, after hearing glass break . While Enchautegui waited for backup, a gunfight erupted and Enchautegui was shot . He was later taken to Jacobi Medical Center, where he died . Police arrested Brancato and Armento in the vicinity, both with multiple gunshot wounds and in critical condition . </P> <P> Armento, who was the father of Brancato's girlfriend Stefanie, was convicted of first - degree murder on October 30, 2008 and sentenced to life in prison without parole . </P> <P> Brancato was charged with second - degree murder, and his trial began on November 17, 2008 . On December 22, 2008, a jury found him not guilty of murder, but found him guilty of first - degree attempted burglary . On January 9, 2009, a judge sentenced him to 10 years in prison . </P>

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