Photo c/o The New York Times.
The following was released by the Bronx DA regarding the high profile conviction of Idelfonso Mendez, who assaulted an individual in 2010 in what has been widely considered a hate crime due to Mendez’s perception of the sexual orientation of the victim. The release does not mention the aspect of the orientation of the victim, as unique hate crime charges were not pursued pursuant to the wishes of the victim, who did not publicly testify.
“We are pleased that the perpetrators of this egregious crime are being punished for their uncivil actions,” said Peter C. Frank, a co-founder and secretary of the Bronx L.G.B.T.Q. Center. “However, as this gang assault was motivated by hatred and ignorance, we are disappointed that this defendant was not convicted of a hate crime.” –as quoted in the New York Times
BRONX MAN FACING 14 YEARS IN PRISON AFTER ADMITTING GUILT IN “LATIN KING GOONIES” GANG ASSAULT
Bronx District Attorney Robert T. Johnson announced today the conviction of Idelfonso Mendez, a reputed leader of the Latin Kings Goonies street gang, for his role in a gang assault which occurred on October 3, 2010.
Mendez, 26, of 319 East 197th Street, the Bronx, pled guilty to one count of Gang Assault in the first degree, a Class B felony offense.
The plea was entered before Acting State Supreme Court Justice Steven Barrett who set sentencing for Monday, March 31, 2014 in Part 60. Under the plea agreement Mendez will be sentenced to a term of fourteen years imprisonment followed by post release supervision for five years. Mendez also waived his right to appeal the conviction.
Mendez admitted that he “acted-in-concert with others with intent to cause serious physical injury to Victor Pellot, and being aided by two or more other persons actually present, did cause serious physical injury to Victor Pellot.” The assault occurred in a basement apartment at 1910 Osbourne Place where the gang members congregated.
Six other defendants were previously convicted in connection with this incident which involved three victims at two separate locations. The case against a seventh defendant, Luis Garcia, is still pending.
David Rivera, 24, of 1975 Sedgwick Avenue, pled guilty to one count of Burglary in the first degree, a Class B felony offense, for his role in the gang related incident. Rivera admitted that he, acting in concert with other gang members, entered the home of two of the victims, displayed what appeared to be a gun, and took cash, credit cards, and personal property, including a television. Rivera also pled guilty to one count of Robbery in the third degree, a Class D felony offense, stemming from an unrelated crime. Rivera was sentenced to thirteen years in prison.
Nelson Falu, 20, of 1932 Hennessey Place, pled guilty to one count of Robbery in the first degree, a Class B felony offense, for his involvement in the October 3rd incident during which he admitted stealing personal property after threatening one of the victims with a baseball bat. Falu was sentenced to seven years in prison.
Elmer Confresi, 26, of 1866 Loring Place, pled guilty to one count of Attempted Gang Assault in the 1st degree, a Class C felony offense. Confresi admitted that he acted-in-concert with the others to cause serious physical injury to one of the victims. Confresi was sentenced to four years in prison.
Jose Dominguez, 26, of 1920 Loring Place pled guilty to one count of Attempted Assault in the first degree and was sentenced to four and a half years in prison.
Ruddy Vargas, 26, of 2925 Colden Avenue, pled guilty to one count of Robbery in the third degree and was sentenced to 2 to 6 years in prison.
In urging the court to accept the plea agreements in each case, Senior Trial Assistant District Attorney Theresa Gottlieb told the court the pleas were offered after lengthy consultation with the victims, who wished to avoid having to testify, which might have had the effect of victimizing them again. ADA Gottlieb told the court that the People believed that the pleas served the interest of justice from society’s perspective as well as that of the victims.
The case is being prosecuted by Senior Trial Assistant District Attorney Theresa Gottlieb.
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