SECOND DEFENDANT CONVICTED OF MURDER IN THE DEATH OF A 16 YEAR OLD BRONX YOUTH AS THE GUNMAN IN THE FATAL SHOOTING IS SENTENCED TO LIFE IMPRISONMENT

Bronx District Attorney Robert T. Johnson announced today that 22 year old Rafael Medina has been found guilty of Murder in the 2nd degree in the death of Hansel Henrique, 16, on October 8, 1999. Henrique was shot to death while riding a southbound IRT #2 train as it pulled into the subway station at 149th Street and Third Avenue.

Acting State Supreme Court Justice John Barone convicted Medina of felony murder following a non-jury trial. The judge set sentencing for Tuesday, May 21, 2002 in Part T2. Medina, of 644 Wales Avenue, the Bronx, is facing a maximum sentence of up to 25 years to life imprisonment.

Medina’s co-defendant, 25 years old Eduardo Garcia, meanwhile, was sentenced today to a maximum term of 25 years to life imprisonment by Acting State Supreme Court Justice William Mogulescu. Garcia, who actually fired the fatal gunshot, pled guilty last month to 1 count of Murder in the 1st degree in causing Henrique’s death. The People had recommended that Garcia, who also pled guilty to charges of burglary and attempted murder in two other unrelated cases, be imprisoned for life with no possibility of parole. Before his incarceration, Garcia had lived at 634 Prospect Avenue, the Bronx.

Hansel Henrique was murdered as the southbound IRT #2 train approached the East 149th Street and Third Avenue Station. Garcia and Medina, brandishing weapons, entered the last car of the train where the victim and his friends were sitting. Garcia displayed a handgun and demanded money and jewelry. Medina made the same demands of the victims while brandishing a knife. As Garcia checked each of the victims for valuables, he noticed a gold necklace around Henrique’s neck. Garcia held a .380 caliber automatic pistol to Henrique’s head and ordered him to turn over the necklace. Witnesses testified that Garcia shot Henrique in the head when the victim, while attempting to remove the necklace, told the gunman that the jewelry was actually fake gold.

The cases were prosecuted by Senior Trial Assistant District Attorney Theresa Gottlieb.