BRONX MAN ARRAIGNED ON INDICTMENT IN GANG ATTACK OF OFF DUTY POLICE OFFICER AT A WHITE CASTLE RESTAURANT

Bronx District Attorney Robert T. Johnson announced today that an indictment was unsealed regarding the beating of off duty Police Officer Eric Hernandez.

A grand jury charged Edwin Rivera and five other people with one count of Gang Assault in the 1st degree, a Class B felony offense; one count of Assault in the 1st degree, a Class B felony offense; and one count of Attempted Gang Assault in the 1st degree, a Class C felony offense. If convicted of the most serious offenses, Rivera could be sentenced to a maximum term of up to 25 years imprisonment.

Rivera, 25, of 1295 Spofford Avenue, the Bronx, was arraigned on the indictment in State Supreme Court, Part A before Justice John Byrne. Rivera is being held on $50,000 bail and is scheduled to return to court on Friday, May 5, 2006 in Part 60.

The indictment alleges that Rivera, “with intent to cause serious physical injury to Eric Hernandez and being aided by two or more other persons actually present, caused serious physical injury to Eric Hernandez.” Rivera also is charged with intentionally causing serious physical injury to Hernandez “by means of a deadly weapon or dangerous instrument that being footwear.” The defendant allegedly was part of a group of six people who kicked and punched the off duty officer at a White Castle restaurant at 1831 Webster Avenue early Saturday morning on January 28, 2006.

Hernandez left the restaurant after the beating and drew his off duty revolver while confronting a bystander whom he mistakenly believed to be one of the people who had attacked him. Officers responding to the scene observed Hernandez, who was wearing civilian clothes, holding a gun and ordered him to drop the weapon. Hernandez was shot when he failed to comply. He died as a result of the gunshot wounds according to the Medical Examiner.

District Attorney Johnson said: “While the people who allegedly beat and kicked Officer Hernandez may be morally responsible for his death, as a matter of law, they cannot be held criminally liable for this tragic loss of life.”

Five other defendants named in the indictment are expected to be arraigned within the next few weeks.

The case is being prosecuted by Senior Trial Assistant District Attorney Nancy Borko and Assistant District Attorney John Tseng of the Major Case / Gang Prosecution Unit.