ARIZONA MAN INDICTED FOR 2022 FATAL SHOOTING OF WEST BABYLON MAN ON THE LONG ISLAND RAILROAD

(SUFFOLK COUNTY, N.Y.) – Suffolk County District Attorney Raymond A. Tierney today announced the indictment of Nicholas D’Agostino, 20, of Arizona, accused of Murder in the Second Degree and Criminal Possession of a Weapon in the Second Degree, in connection to the fatal execution-style shooting of 20-year-old Yusef Staine on the Long Island Railroad in February 2022.

“The defendant allegedly executed someone who considered him a friend. This defendant thought he could get away with it because he was wearing a mask and then fled Suffolk County, but he was clearly wrong” said District Attorney Tierney. “Due to the great investigative work done by our Suffolk County prosecutors, investigators, and police, we were able to determine the defendant’s identity and charge him with this brutal murder. Let it be clear – if you seek to harm our citizens here in Suffolk, you may run, but you cannot hide, because we will continue to pursue you until you are held responsible for your crimes.”

According to the investigation, on February 13, 2022, D’Agostino arrived in Wyandanch after traveling from Arizona to visit the victim, Yusef Staine. On February 15, 2022, the pair, along with two other friends, rode the Long Island Railroad to New York City from Wyandanch.

A review of surveillance video provided by the Metropolitan Transit Authority (MTA) Police revealed that Staine and D’Agostino then returned together to Suffolk County during the early morning hours of February 16, 2022. After missing their train stop in Wyandanch, the pair arrived at the Ronkonkoma station and then boarded the westbound train – headed back toward Wyandanch. While getting onto the train car, D’Agostino, who was walking behind Staine, allegedly shot him once in the back of his head. When Staine collapsed to the ground, D’Agostino shot him in the torso. The Suffolk County Medical Examiner later determined that Staine died due to the gunshot wounds.

The investigation further revealed that immediately after the fatal shooting, D’Agostino allegedly fled the railroad station and then Suffolk County. Law enforcement collected extensive surveillance video which tracks D’Agostino’s movements before, during, and after the murder. Police also were able to track his locations based on cellphone data.

On May 18, 2023, after a year-long investigation, D’Agostino was arrested in Yonkers by Suffolk County Police Department Homicide Squad Detectives.

On May 19, 2023, D’Agostino was arraigned on the indictment by Acting Supreme Court Justice, the Honorable Steven A. Pilewski, for the charges of Murder in the Second Degree, a Class A felony, and Criminal Possession of a Weapon in the Second Degree, a Class C violent felony. Judge Pilewski ordered D’Agostino to be held without bail during the pendency of the case. D’Agostino faces a maximum sentence of 25 years to life in prison if convicted on the top count alone but is eligible to be sentenced to 40 years to life in prison.

D’Agostino’s next court date is scheduled for June 14, 2023. He is being represented by George Duncan, Esq.

This case is being prosecuted by Assistant District Attorneys Elena Tomaro and Dena Rizopoulos of the Homicide Bureau, with investigative assistance from lead Detective Don Truesdell of the Suffolk County Police Homicide Squad.

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