Man accused of killing FDNY medic found unfit for trial
/
A Queens Supreme Court justice ruled on Monday that the man accused of killing FDNY EMT Captain Alison Russo-Elling last year in Astoria is unfit to stand trial. Photo via FDNY Foundation
By Jacob Kaye
The Astoria man accused of fatally stabbing a veteran medic with the fire department last fall remains unfit to stand trial, a Queens judge ruled on Monday.
Peter Zisopoulos, who prosecutors say stabbed FDNY EMT Captain Alison Russo-Elling to death during a seemingly random attack in Astoria in September 2022, will undergo further psychological evaluations and testing after Queens Supreme Court Justice Ira Margulis ruled that the 34-year-old was not mentally fit to go to trial.
“I don’t see how he can assist in his defense,” the Queens Supreme Court, Criminal Term judge said after asking Zisopoulos a series of questions during the heavily-attended hearing on Monday.
Though Zisopoulos, who reportedly was previously diagnosed with schizophrenia, appeared to understand that he was in a courtroom and that he was facing murder charges in the death of Russo-Elling, he also told the judge a seemingly paranoid tale about vindictive police officers he thought were out to get him. The remarks concerned Margulis.
Margulis began questioning Zisopoulos by asking him how he was doing – the defendant was last ordered to undergo a psychiatric evaluation in December.
“I’m feeling well, thank you,” Zisopoulos responded.
The defendant, who previously tutored physics students at SUNY’s Stony Brook University, went on to properly identify his defense attorneys and the prosecutor pursuing the charges against him, and detailed the criminal court process in a seemingly coherent way.
It wasn’t until Margulis asked about video evidence in the case that Zisopoulos previously called “police bulls–t,” that the questioning turned.
Zisopoulos told Margulis that he believed the police created a fake video showing him stabbing the 61-year-old Russo-Elling multiple times on 20th Avenue and 41st Street on Sept. 29, 2022, around 2:30 p.m. Zisopoulos told the judge that the police “didn’t like me,” after they “came into my house” and he filed a complaint against them.
It was unclear what incident Zisopoulos was referring to, however the Astoria man had previously been brought to Elmhurst Hospital in 2018 by the NYPD after having a mental health crisis and making threats against Asian New Yorkers.
After Zisopoulos told the judge he believed the video was doctored, Margulis said that he believed a new mental health evaluation was warranted.
A number of the FDNY members who had come to show support for the slain colleague and her family shook their heads after hearing Margulis’ ruling.
There were around two dozen firefighters and EMS workers in the courtroom’s gallery on Monday. Among them was Vincent Variale, the president of the Uniform EMS Officers Union Local 3621.
Variale said that he didn’t believe that Zisopoulos, who had not been arrested prior to the September 2022 killing, was telling the truth during the court hearing.
“He's playing games to say that he's not ready to testify,” the union leader said. “We just heard him answer every question very coherently and sane.”
“So, we’re gonna play this game by going back to see if he’s sane again and we'll be here every single time he comes back here to make sure justice is done,” Variale added. “And the only justice that can be done is him getting life without parole.”
Prosecutors with the DA’s office attempted to argue that they believed Zisopoulos was fit to stand trial based on his apparent understanding of the criminal process. Margulis, however, disagreed.
Queens District Attorney Melinda Katz, who sat in the front row of the courtroom’s gallery during the appearance on Monday, told the Eagle after the hearing that she was looking forward to when the trial could commence.
“We look forward to the prosecution once the judge deems him fit to move forward,” Katz said. “We look forward to proving our case.”
Prosecutors say that Russo-Elling, a 25-year-veteran of the department who was only months from retiring, was on her way to get lunch on Sept. 29 when Zisopoulos, unprovoked, ran up to her, slammed her to the ground and began stabbing her multiple times.
At one point, a bystander attempted to stop Zisopoulos. After also threatening to attack the bystander, Zisopoulos ran toward his nearby apartment building and barricaded himself inside, according to the charges.
He was eventually coaxed out of the apartment, arrested and charged with murder.
The EMT’s killing prompted widespread condemnation throughout the city. Flags were flown at half staff and Russo-Elling’s funeral was attended by hundreds of her colleagues and numerous city leaders, including the mayor.
Russo-Elling, who lived on Long Island, first began working with the department in 1998. She worked at multiple EMS stations across the borough throughout her career and had been working with the Queens Tactical Response team in Station 49 for the past year.
The EMT served as a first responder on September 11, helping alongside hundreds of other first responders in the recovery efforts from the attacks on the World Trade Center.
“The City of New York will remember Lt. Russo-Elling’s bravery and commitment to service as we mourn her loss along with the FDNY,” Mayor Eric Adams said during a press briefing at Mount Sinai Hospital Queens last fall after Russo-Elling was killed.
“She was working for this city and she paid the ultimate sacrifice for that,” Adams added.
During the EMT’s funeral, her colleague Lt. Nancy Leiger remembered Russo-Elling as a “spunky” mother hen of the station.
“We were just not ready to let her go so soon,” she said. “She was always there for you — she was tiny, but strong as nails.”
Also during the funeral, Russo-Elling’s brother, Craig, remembered her infectious spirit, her storytelling abilities and her dedication to the family. He was one of many speakers who took the opportunity to urge officials to support better conditions for EMS workers.
“Alison didn't deserve this, no one does,” he said. “Changes to promote community safety need to be prioritized for both the people who need help as well as the first responders who selflessly respond to those in need.”
Russo-Elling’s father, Frank, described his daughter as someone who always put others before herself and was never too busy to serve those in need.
He also condemned Zisopoulos during his remarks at the funeral.
“She would be the first one to come to his aid if he ever needed help,” he said. “He left her lying there like a ragdoll that was discarded.”
Margulis ordered Zisopoulos to be remanded on Monday, ordering a new mental health exam.
The assessment will be reviewed in court on Sept. 27.
