Wannabe NYC killer sentenced after judge shoots down scheme to stay out of jail using sex tapes with juror



The wannabe killer who tried using homemade porn videos he filmed with a juror to get his conviction tossed was sentenced Thursday — as the victim’s sister blasted the cowardly lowlife for shooting his neighbor in the head.

Amateur pornographer Avery Dunning, 37, was sentenced to 25 years in prison by Manhattan Supreme Court Judge Daniel Conviser on charges including attempted murder and assault for shooting his neighbor Jemina Garay.

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Garay nearly paid the ultimate price for acting out of “courage” and confronting Dunning for allegedly abusing his girlfriend, the victim’s tearful sister told the court in a virtual appearance.

Avery Dunning, 37, who tried to use homemade porn videos he filmed with a juror to get his conviction tossed, was sentenced to 25 years in prison. Steven Hirsch

“This was not a random act of violence,” sister Arlene Montalvo said in a victim impact statement.

“(Dunning) shot her because she intervened to protect his girlfriend from being beaten and because she repeatedly called the police when he abused her in front of his child.”

Montalvo said her sister, a mother-of-six, is confined to a wheelchair and paralyzed on one side of her body after the shooting.

“Jemina acted out of courage and principle, and she paid for that courage with her health, her independence and her future,” Montalvo said.

Dunning’s sentencing finally happened after months of delays — due to him making a Hail Mary attempt at dodging the lengthy prison term when his mom found sex tapes of him and one of the jurors who convicted him.

Fifteen “pornographic videos” recorded by the pair were discovered by Dunning’s mom, Lolita, when she went through his phone just before he was to be sentenced, said Dunning’s attorney, Raymond Loving.

The attorney said the videos showed “Mr. Dunning receiving fellatio from a juror” as they tried to get the case dismissed.

The saga, which the judge had described as “stranger than fiction,” resulted in witness testimony about the tapes — including the female juror admitting to having a “one-night stand” with the con back at her Harlem home in 2022.

Dunning was sentenced after being charged or attempted murder and assault for shooting his neighbor Jemina Garay. Steven Hirsch

But she claimed that she never recognized Dunning during the month-long trial. And apparently neither did Dunning until it was convenient for him to bring it up, the judge had said as he ruled to let the conviction stand.

On Thursday, Dunning’s soiled attempt to get his case tossed was only referenced as his post-conviction “behavior” by Manhattan Assistant District Attorney Andrea Kimmel, as prosecutors sought a 30-year prison sentence.

“He shot her because she was continuously intervening and calling the police to report domestic abuse taking place across the hall,” Kimmel said.

In a virtual appearance during the sentencing, the victim’s sister called out the wannabe killer for shooting his neighbor.

“He shot her because she would not stay quiet when she heard that abuse.”

Dunning was on the run for 10 months after the Feb. 22, 2023 shooting.

He was finally busted with a fake ID while giving cops a fake name, prosecutors said.

Prosecutors had previously said that Dunning’s mom, who was present at her son’s sentencing, was in cahoots with him during get-out-of-jail attempt — when taped Rikers calls revealed her son had tipped her off about the videos on the phone.

Dunning’s attorney, who said they will appeal the conviction, claimed that his client only acted when Garay and her husband allegedly attacked him during the confrontation.

The judge said Dunning deserved a “severe punishment” for the “senseless, heinous crime.”

Manhattan District Attorney Alvin Bragg said after the sentencing that his thoughts remain with the victim and her family “as they continue to recover from the reeling effects of this horrific act of gun violence.”


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