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

The would-be murderer who attempted to use homemade adult videos filmed with a juror to invalidate his conviction was sentenced on Thursday — as the sister of the victim condemned the despicable man for shooting his neighbor in the head.

Amateur filmmaker Avery Dunning, 37, received a 25-year prison sentence from Manhattan Supreme Court Judge Daniel Conviser after being found guilty of charges that included attempted murder and assault for the shooting of his neighbor, Jemina Garay.

Garay nearly lost her life while bravely confronting Dunning over allegations of domestic abuse towards his girlfriend, as revealed by her emotional sister during a virtual statement to the court.

“This was not an impulsive act of violence,” Arlene Montalvo, the victim’s sister, stated in her impact statement.

“(Dunning) shot her because she intervened to defend his girlfriend against his attacks and because she repeatedly called the police when he mistreated her in front of their child.”

Montalvo disclosed that her sister, a mother of six, is now wheelchair-bound and faces paralysis on one side of her body as a result of the shooting.

“Jemina demonstrated incredible courage and principles, and she paid dearly for her bravery with her health, independence, and future,” Montalvo said.

Dunning’s sentencing was finally executed after months of postponements — due to his desperate attempt to evade a long prison term when his mother uncovered explicit videos of him and a juror involved in his trial.

Fifteen “adult videos” created by the two were found by Dunning’s mother, Lolita, while searching through his phone just days before his scheduled sentencing, according to Dunning’s attorney, Raymond Loving.

The lawyer claimed the recordings depicted “Mr. Dunning engaged in sexual acts with a juror” as they attempted to get the case dismissed.

This bizarre situation, which the judge labeled “stranger than fiction,” led to witness testimonies regarding the tapes, including the juror confessing to having had a “one-night stand” with Dunning at her home in Harlem in 2022.

However, she contended that she never recognized Dunning during the month-long trial. The judge remarked that it seemed Dunning only remembered her when it was beneficial for his defense, leading to his conviction being upheld.

On Thursday, Dunning’s misguided effort to overturn his case was merely referred to as his post-conviction “conduct” by Assistant District Attorney Andrea Kimmel, who sought a 30-year sentence.

“He shot her because she consistently intervened and contacted the police to report ongoing domestic violence occurring next door,” Kimmel indicated.

“He shot her because she refused to be silent upon hearing the abuse.”

Dunning was eluding capture for 10 months following the shooting on February 22, 2023.

He was eventually arrested while using a falsified identity and providing a fake name to law enforcement, according to prosecutors.

Prosecutors previously alleged that Dunning’s mother, who attended her son’s sentencing, colluded with him during his attempts to evade capture — with recorded phone calls from Rikers revealing that she had been tipped off about the videos on his phone.

Dunning’s attorney stated that they plan to appeal the conviction, claiming that his client acted in self-defense when Garay and her husband allegedly confronted him during the incident.

The judge emphasized that Dunning warranted a “harsh penalty” for the “senseless and atrocious crime.”

After the sentencing, Manhattan District Attorney Alvin Bragg expressed that his thoughts remain with the victim and her family “as they continue to navigate the profound impacts of this tragic act of gun violence.”