NEW YORK – Andre Brown, who once again faced the possibility of returning to prison after his attempted murder conviction was reinstated in 2024, was sentenced Monday to time served, bringing an end to a decades-long legal battle. Brown had originally been sentenced to 40 years in prison for the 1999 shooting of two teenage boys, O’Neill Virgo and Shawn Nicholson, on the streets of the Bronx. Nicholson was left paralyzed, while Virgo suffered serious injuries and later died years afterward. Brown has consistently maintained his innocence. After spending 23 years behind bars, his conviction was overturned in 2022 on the grounds of ineffective assistance of counsel. Following his release, Brown relocated to Connecticut, reunited with his wife—whom he had known since his teenage years—raised their two children, and began working in a youth mentorship program in an effort to rebuild his life.
That second chance was thrown into jeopardy on Christmas Eve 2024, when prosecutors successfully appealed and had Brown’s conviction reinstated, once again putting his freedom at risk. He was scheduled to surrender to Bronx Criminal Court in March, but the court delayed that requirement while he sought emergency clemency from New York Governor Kathy Hochul, a petition that remains under review. Brown publicly expressed fear of returning to prison, saying the possibility of being separated from his family again was terrifying, and insisting he posed no danger to society. Despite Monday’s decision to sentence him to time served, the families of Virgo and Nicholson have strongly criticized Brown’s release, arguing that justice for the victims has not been fully realized.