TWO MORE SUSPECTS INDICTED IN THE BEATING OF OFF DUTY POLICE OFFICER ERIC HERNANDEZ AT FAST FOOD RESTAURANT

Bronx District Attorney Robert T. Johnson announced today that a grand jury has indicted two more suspects in the beating of off duty Police Officer Eric Hernandez at a fast food restaurant on Saturday, January 28, 2006.

The grand jury indicted Jonathan Ayala, 19, and Alexander Fontanez, 23, on one count of Attempted Gang Assault in the 1st degree, a Class C felony offense punishable by a maximum sentence of up to 15 years imprisonment.

Ayala and Fontanez allegedly were part of a group of six people who kicked and punched Hernandez at a White Castle Restaurant at 1831 Webster Avenue, causing him to suffer serious physical injury for which he remains hospitalized. Two other defendants, Edwin Rivera, 25, and Nelson Rodriguez, 25, were indicted last Friday on the same charge of Attempted Gang Assault in the 1st degree. The grand jury investigation is continuing and additional charges are being considered against Ayala, Fontanez, Rivera and Rodriguez, as well as charges against two other suspects, Victor Mercado, 16, and Daryl Massey, 22.

Senior Assistant District Attorney Nancy Borko and Assistant District Attorney John Tseng of the Gangs / Major Case Bureau are prosecuting the case.