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Feb. 5, 2013 -- Westchester County District Attorney Janet DiFiore announced today that Alberto Plasencia (DOB 07/19/86) of 611 Bronx River Road, Yonkers New York has been arraigned on an indictment charging him with

  • one count of Murder in the Second Degree, a class “A-1” Felony,

relating to the 2004 death of Marie McSweeney.

On April 24, 2004, between 4:15 and 4:30 p.m., on the southbound Sprain Brook Parkway in the area below the Kimball Avenue Bridge, the victim, with her 87 year mother in the front passenger seat, was struck by a large piece of asphalt 10” x 7” x 3” that crashed through the driver’s side windshield of her car. The asphalt struck victim on the left side of her head.

The car traveled about one third of a mile veering onto the right shoulder for 800 feet, striking a shoulder guardrail support beam, veering back onto the shoulder, traveling across area of Bronx River Parkway split and ultimately into wooded area near the Desmond Ave off ramp.

Both the victim and her mother were transported to Jacobi Hospital. Marie McSweeney pronounced dead at the hospital.

Numerous witnesses traveling on the parkway saw various aspects of the crime.

Yonkers police responded and investigated the incident at the time.

In 2009, based on new information developed, Yonkers homicide and Cold Case detectives reopened the case, putting significant resources into the investigation.

The defendant was arrested by Yonkers Cold Case detectives.

Following the arraignment, District Attorney Janet DiFiore said, “Every motorist’s nightmare, traveling under a roadway overpass wondering if an object will be thrown from it. This defendant did just that, throwing a large chunk of asphalt into traffic, ending the life of a 48 year old woman as surely as if he pulled a trigger.”

Bail was set at $400,000 cash or bond.

His next court date is Feb. 26, 2013.

The defendant faces a maximum sentence of 25 years to life in state prison.

Assistant District Attorney Christine, O’Connor of the Superior Court Trial Division, is prosecuting the case.


Alberto Plasencia

Alberto Plasencia


In compliance with Disciplinary Rule 7-107A of the Code of Professional Responsibility, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.