A southeast Queens man who is currently serving 18 years in prison on an attempted murder conviction was indicted by a Queens grand jury on murder charges after his victim died earlier this year.
Jeffrey Thurston, 31, of 220th Street in Laurelton, was arraigned July 25 before Queens Supreme Court Justice Ushir Pandit-Durant on an indictment charging him with murder in the second degree for gunning down former college football player Malachi Capers after he accidentally bumped into Thurston inside a deli in July 2020.
Thurston was sentenced in June 2022 to 18 years imprisonment on the attempted murder conviction, but Capers died as a result of medical complications in January from the 2020 gunshot wound to the abdomen, leading to the new indictment on a murder charge.
“A young college student who entered SUNY Buffalo on a football scholarship suffered through years of medical complications, eventually succumbing to his injuries, because of the defendant’s complete disregard for human life,” Queens District Attorney Melinda Katz said.
According to the indictment and charges, at approximately 4:40 p.m. on July 27, 2020, the 20-year-old athlete accidentally bumped into Thurston inside the 136 Deli and Grill, located at 135-33 Springfield Blvd. in Laurelton. Thurston punched Capers, who was a defensive end for the University of Buffalo football team, in his face with a closed fist and then ran out of the store on the corner of Springfield Boulevard and 136th Avenue. Capers then chased Thurston out of the store and tackled him on the sidewalk.
Video surveillance captured the fight and showed both men wrestling on the ground. After Thurston regained his footing and began to walk away from Capers, he suddenly turned toward him and pulled out a handgun. Thurston is seen firing a single shot that struck Capers in the abdomen at point-blank range before running off on Springfield Boulevard. EMS responded to the crime scene and rushed Capers to Jamaica Hospital Medical Center where he was listed in critical condition.
Detectives from the NYPD’s Regional Fugitive Task Force took Thurston into custody two days later. On June 14, 2022, Thurston was sentenced to a determinate term of 18 years in prison, to be followed by five years’ post-release supervision, after pleading guilty to the shooting, as well as two unrelated incidents: a burglary in March 2020 and a shooting in July 2020.
Capers, who played football at Flushing High School before going to SUNY Buffalo, died as a result of the gunshot wound on Jan. 20, 2024, following a years-long battle with complications, including multiple surgeries.
“An accidental shoulder bump should never have escalated into gun violence,” Katz said. “My thoughts continue to be with the victim’s family as we renew our fight to obtain justice for Malachi and his loved ones.”
If convicted, Thurston faces a maximum potential sentence of life in prison. Justice Pandit-Durant ordered Thurston to return to court on Aug. 25.
