FOUR DEFENDANTS SENT TO PRISON FOR THEIR ROLES IN A GANG
ATTACK AGAINST AN OFF DUTY POLICE OFFICER AT A WHITE CASTLE
RESTAURANT
Bronx District Attorney Robert T. Johnson announced today that four Bronx men were sent to prison this afternoon for their roles in a gang attack against off duty New York City Police Officer Eric Hernandez, at a White Castle Restaurant on January 28, 2006. Three of the young men pled guilty earlier this month to the top count of Gang Assault in the 1st degree while the fourth defendant pled guilty to one count of Attempted Gang Assault in the 1st degree.
State Supreme Court Justice Joseph Dawson sentenced Edwin Rivera, 27, of 1295 Spofford Avenue, to a term of 10 years imprisonment. The People, in pre-sentencing arguments, had recommended a 15 year term of incarceration for Rivera who instigated the gang assault.
Nelson Rodriguez, 28, of 621 Manida Street, pled guilty to one count of Attempted Gang Assault in the 1st degree and was sentenced to 6 years imprisonment.
Alexander Fontanez, 25, of 1168 Sherman Avenue, and Jonathan Ayala, 21, of 1150 Garrison Avenue, were sentenced to 5 years imprisonment. Although both pled guilty to one count of Gang Assault in the 1st the People recommended that the judge impose a sentence of 10 years imprisonment for Fontanez and 12 years imprisonment for Ayala.
All four defendants waived their right to appeal their convictions and will be subject to an additional 5 years of post release supervision after completing their sentences.
The defendants admitted that they had acted “with intent to cause serious physical injury to Eric Hernandez, and being aided by two or more persons actually present, did cause serious physical injury.” Hernandez was punched and kicked at a White Castle Restaurant at 1831 Webster Avenue early Saturday morning on January 28, 2006. After leaving the restaurant following the beating, Hernandez drew his off duty revolver while confronting a bystander whom he mistakenly believed to be one of the people who had attacked him. Police Officers responding to the scene observed Hernandez, who was wearing civilian clothes, holding a gun. The officers ordered Hernandez to drop the weapon and shot him when he failed to comply. According to the Medical Examiner, Hernandez died as a result of the gunshot wounds.
None of the defendants was charged with any criminal liability in the off duty officer’s death. District Attorney Johnson said at the completion of the investigation into the circumstances leading up to the fatal shooting: “While the people who.....beat and kicked Officer Hernandez may be morally responsible for his death, as a matter of law, they cannot be held criminally responsible for this tragic loss of life.”
A fifth defendant, Victor Mercado, 17, of 1212 Seneca Avenue, also pled guilty earlier this month to one count of Gang Assault in the 1st degree and will be sentenced, as a youthful offender, to a term of 1 1/3 to 4 years imprisonment on Thursday, June 5, 2008 in Part T-31. Mercado was 16-years-old when the crime occurred.
A sixth defendant charged in the gang assault, Daryl Massey, 25, of 1230 Boston Road, is still awaiting trial.
Senior Assistant District Attorney Nancy Borko and Assistant District Attorney John Tseng are prosecuting the case.
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