Wednesday, May 1, 2019

News From Bronx District Attorney Darcel Clark

Jury Found Defendant Guilty of Manslaughter

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 4 ½ to 13 ½ years in prison for fatally stabbing a teenager in Claremont Park on July 4, 2016. 

 District Attorney Clark said, “The defendant stabbed the victim in the heart after a brawl in Claremont Park. He then fled to Dominican Republic and was arrested a month later when he returned to New York. The victim of this senseless violence was only 17 years old.” 

 District Attorney Clark said the defendant, Hector Hernandez, 24, of the Bronx, was sentenced today by Bronx Supreme Court Justice James McCarty to 4 ½ to 13 ½ years in prison. A jury found the defendant guilty of second-degree Manslaughter on March 29, 2016.

 According to the investigation, in the early morning of July 4, 2016, Hernandez, who was second-in-command of the Trinitarios “Sunset” set at the time, was with a large group of his gang members in Claremont Park at Belmont Street and Clay Avenue. While at the park a dispute began between the group members. The victim, Esmeldyn Pena, 17, punched another gang member, who was a close friend of the defendant. Hernandez then stabbed Pena in the heart with a knife, causing his death.

 The defendant fled to New Jersey, then flew to the Dominican Republic with his girlfriend. Thinking things had calmed down, he flew back to New York City on August 2, 2016 and was arrested upon his arrival at John F. Kennedy Airport.

 District Attorney Clark thanked Ana Pimentel of the Crime Victims Assistance Unit. District Attorney Clark also thanked NYPD Detective Javier Hernandez of the 44th Precinct and Investigator Scott Frank of DOC Correction Intelligence for their assistance in the investigation.

Infant Sustained Multiple Injuries to the Body

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted on Murder and Manslaughter charges in the death of his 38-day-old son. 

 District Attorney Clark said, “The defendant allegedly threw his infant son to the ground after he became frustrated with the baby’s crying. We will pursue justice for this most innocent victim and for the family members coping with such a horrible loss.” 

 District Attorney Clark said the defendant, Christian Rodriguez, 25, of the Bronx, was arraigned today on second-degree Murder, and first and second-degree Manslaughter before Bronx Supreme Court Justice George Villegas. The defendant was remanded and is due back in court on June 5, 2019. 

 According to the investigation, on the night of March 18, 2019, the defendant left a family gathering with the infant, Aiden Rodriguez, and went to their Bronx home. The defendant said he hit the baby’s head on the edge of a doorframe while holding him and trying to maneuver the stroller into the bedroom. Rodriguez allegedly threw the child on the floor after he wouldn’t stop crying.

 The victim was taken to Lincoln Hospital where doctors were able to revive and intubate Aiden. The newborn was transferred to Columbia Presbyterian Hospital where he went into cardiac arrest upon arrival and was pronounced dead after efforts to revive him were unsuccessful. According to the medical examiner, the infant had several injuries to his body, including a large skull fracture and trauma to his brain.

 District Attorney Clark thanked Assistant District Attorney Amir Fadl of the Child Abuse/Sex Crimes Bureau for his assistance in the case. District Attorney Clark also thanked Detective Jose Romero of the 40th Precinct Detective Squad and Detective John Ferretti from the Bronx Homicide Task Force.

An indictment is an accusatory instrument and not proof of a defendant’s guilt 

Defendant Pleaded Guilty to Manslaughter; Also Pleaded Guilty to Robbery and Assault for Two Other Incident

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 20 years in prison for fatally stabbing a teenage boy he was trying to steal from in 2016, for robbing a man, and for assaulting a Correction Officer while being held on Rikers Island. 

 District Attorney Clark said, “The defendant stabbed and killed Carluis Ducasse, a straight-A student who was just days away from graduating high school. The incident happened in front of his home while the victim was out buying ice cream with a friend. The defendant took the life of a promising young man and now he will spend two decades behind bars.” 

 District Attorney Clark said the defendant, Eustace James, 22, of 2405 Marion Avenue, was sentenced today to 20 years in prison and 5 years post-release supervision by Bronx Supreme Court Justice Marsha Michael. James pleaded guilty to first-degree Manslaughter, second-degree Assault and second-degree Robbery on March 20, 2019. 

According to the investigation, on June 17, 2016, in front of 1764 Walton Avenue, a separately apprehended individual, Tristan Ortiz, went up to Carluis Ducasse, 17, and demanded money. When the teen resisted and fought back, James stabbed him once in the chest with a knife. The victim was taken to St. Barnabas Hospital where he died.

 On May 3, 2017 at 54 East 182nd Street, the defendant came upon Ruben Padilla, 54, in a building stairwell and robbed him. The defendant pointed what appeared to be a firearm--but was actually a BB gun-- at the victim and told him to give him money or he would kill him. James took Padilla’s wallet, cellphone, cash and debit card, among other belongings.

 James was arrested on July 20, 2017.

 According to the investigation, on March 20, 2019 at the George Vierno Center in Rikers Island, the defendant assaulted a Correction Officer. The victim had gone inside a janitor’s closet to fetch a scrub brush for the defendant when James entered the closet after him and punched the CO multiple times in the neck and face.

 District Attorney Clark thanked Detective Matthew McCrosson of the Bronx Homicide Squad for his assistance in the investigation. 

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