Introduction to the Case
Andre Brown, who faced the prospect of going back to prison after his attempted murder conviction was reinstated in 2024, was ordered Monday to time served.
Brown was sentenced to 40 years in prison for allegedly shooting and wounding two teenage boys, O’Neill Virgo and Shawn Nicholson, on the streets of the Bronx in 1999. Nicholson was left paralyzed. Virgo was seriously injured.
Background
Brown, who maintains his innocence, spent 23 years in prison before having his conviction overturned on a technicality in 2022. His attorney did not immediately return requests for comment on Monday. After three years of freedom, a man may soon be headed back to prison unless top officials intervene. A Bronx judge overturned Andre Brown’s conviction in 2022 after he had served half of a 40-year sentence for attempted murder, but then the conviction was reinstated.
The Turn of Events
In 2022, Brown won an effort to have his conviction overturned, citing ineffective assistance of counsel. Upon his release, he moved to Connecticut to start a new chapter with his wife, whom he met when he was a teenager, and two children, and to work in a youth mentorship program. But on Christmas Eve 2024, prosecutors won an appeal to reinstate Brown’s conviction.
Reaction and Appeal
"It’s really scary understanding that the metal cuffs may go back on, going back behind the bars, and ultimately leaving my family,” he told NBC New York. "I’m terrified. I’m actually terrified of going back behind those walls." Brown was supposed to turn himself in to Bronx Criminal Court in March. But prosecutors agreed to a delay while Brown applied for and emergency clemency with New York Gov. Kathy Hochul. The petition is still currently under review.
Victim and Family Response
"There are three victims in this case, I am the third victim no one ever speaks about, as I did not commit this crime,” Brown previously told NBC New York. “But putting that aside at this time, I am no risk to society." The families of Virgo — who passed away several years ago — and Nicholson have lambasted Brown’s release.
Conclusion
The case of Andre Brown highlights the complexities and challenges of the justice system, particularly in cases where convictions are overturned and then reinstated. The emotional toll on all parties involved, including the accused, the victims, and their families, is significant. As the legal system continues to evolve, it is crucial to ensure that justice is served while also considering the human impact of such decisions.
FAQs
- Q: What was Andre Brown sentenced to initially?
A: Andre Brown was initially sentenced to 40 years in prison for attempted murder. - Q: Why was Brown’s conviction overturned in 2022?
A: Brown’s conviction was overturned in 2022 due to ineffective assistance of counsel. - Q: What happened to Brown’s conviction in 2024?
A: In 2024, prosecutors won an appeal to reinstate Brown’s conviction. - Q: What is the current status of Brown’s case?
A: As of the latest update, Brown was ordered to time served. - Q: Who contributed to the reporting of this story?
A: Minyvonne Burke contributed to the reporting of this story.

