Manhattan District Attorney Alvin L. Bragg, Jr., today announced the trial conviction of AVERY DUNNING, 37, for shooting a 41-year-old woman, who was his neighbor, after she and her husband confronted DUNNING about allegedly committing acts of domestic violence against his girlfriend in East Harlem in February 2023. On June 4, 2025, a New York Supreme Court jury found DUNNING guilty on all counts, including Attempted Murder, Assault and Criminal Possession of a Weapon, among other charges. DUNNING is expected to be sentenced on July 1, 2025.
“Avery Dunning was held accountable for a vicious attack against his neighbor, who was trying to protect Dunning’s girlfriend from what she believed was abuse,” said District Attorney Bragg. “A jury of his peers determined that Dunning’s extremely violent conduct could have been fatal. It is miraculous that the neighbor survived such a horrific act of gun violence, but she continues to suffer from the significant, life altering effects of this shooting. I thank our prosecutors for presenting such a strong and compelling case and securing justice.”
As proven at trial, and according to court documents and statements made on the record in court, on February 22, 2023, DUNNING’s neighbor called 911 to report DUNNING for a domestic incident that she believed she overheard from across the hall of the apartment building. The neighbor confronted DUNNING about the incident and told DUNNING she would continue to contact law enforcement every time she heard what she believed to be domestic abuse occurring across the hall. The confrontation eventually turned physical, and a fight ensued between DUNNING, the neighbor and the neighbor’s husband in the hallway of the floor.
During the fight, the neighbor’s husband pushed DUNNING into a stairwell. DUNNING then pulled out a firearm. The husband yelled, in substance, that DUNNING had a gun, and he ran down the hall to safety. At approximately 8:25 a.m., DUNNING fired the gun at the neighbor as she tried to get into her apartment and shot her multiple times, wounding her head and body. Her husband returned to where she was lying on the ground and contacted emergency responders.
The neighbor was transported to the hospital, where she remained in critical condition for months. She was eventually transferred to a rehabilitative facility, but she can no longer move the left side of her body and remains in constant medical care.
Following the shooting, DUNNING fled down the stairs. Later that evening, police executed a search warrant of DUNNING’s apartment where they recovered a separate firearm and compatible ammunition for both guns inside of a safe.
DUNNING was able to evade apprehension until he was eventually found and arrested by the police in December 2023. When DUNNING was apprehended, he provided the police with a false name and possessed a forged identification card bearing that name.
Assistant D.A.s Andrea Kimmel and Kelly Keating are handling the prosecution of this case, under the supervision of Annie Siegel and Harrison Schweiloch (Deputy Chiefs of Trial Bureau 60), Charles Whitt (Chief of Trial Bureau 60) and Assistant D.A. and Executive D.A. Lisa DelPizzo (Chief of the Trial Division). Trial Preparation Assistants Paola Silva-Pumarada (Trial Bureau 60), Darius Whidbee (Trial Bureau 60), Investigative Analyst John Everett (Trial Bureau 60), and the Survivor Services Bureau also provided invaluable assistance.
D.A. Bragg thanked the NYPD, particularly Detectives Gerard Beyrodt and Paul Hoppinthal, Police Service Area 5, the 25th Precinct, and the NYPD Warrants Squad.
Defendant Information:
AVERY DUNNING
New York, NY
Convicted:
- Attempted Murder in the Second Degree, a class B felony, one count
- Assault in the First Degree, a class B felony, one count
- Criminal Possession of a Weapon in the Second Degree, a class C felony, four counts
- Criminal Possession of a Forged Instrument in the Second Degree, a class D felony, one count
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