Yonkers bodega OWNER AND EMPLOYEE indicted

for fatal stabbing of a patron

 

 

 

Westchester County District Attorney Janet DiFiore announced that Francisco Javier Vasquez (DOB 12/04/74) of 914 Simpson Street, Bronx, New York and Kervin Ortiz (DOB 5/21/68) of 1515 Grand Concourse, Bronx, New York were arraigned today on an indictment relating to a fatal stabbing.

 

Vasquez is charged with:

 

         one count of Manslaughter in the First Degree, a class B Violent Felony,

         one count of Manslaughter in the Second Degree, a class C Felony,

         one count of Criminal Possession of a Weapon in the Third Degree, a class D Felony,

 

Ortiz is charged with:

 

         one count of Criminal Possession of a Weapon in the Third Degree, a class D Felony.

         one count of Attempted Assault in the Second Degree, a Class E Felony,

 

On April 8, 2012, at approximately 11:00 pm, an argument occurred inside a bodega at 154 South Broadway in Yonkers that is owned by defendant Ortiz and where Vasquez was employed.

 

The argument involved a patron, 45 year old Rodney Jackson, who had stopped in to buy a soda on his way home as the rest of the group he was with continued walking down the street.

 

Witnesses told Yonkers Police that Jackson and Ortiz argued and Jackson was asked to leave the bodega, challenging Ortiz to come outside and they could fight it out.

 

Jackson left and then returned moments later and was observed throwing items around the store.

 

Ortiz allegedly picked up a metal baseball bat that he kept behind the counter and walked towards Jackson, who had left the store again, striking the victim then falling to the sidewalk himself.

 

Vasquez then stabbed Jackson once in the buttocks.

 

Others who had been walking with Jackson returned to the area and 9-1-1 was called.

 

Jackson was transported to St. Josephs Medical Center where he died the following morning.

 

Vasquez left the scene and returned home while Ortiz remained at the bodega and was questioned by police who began an investigation.

 

Surveillance video from several stores nearby assisted police as well as information from several eyewitnesses.

 

Both defendants were arrested on April 10, 2012 and remain free on $125,000 bond.

 

Their next court appearance is on September 13, 2012.

 

Vasquez faces a maximum of 25 years in state prison on the top count of the indictment.

 

Ortiz faces a maximum of 7 years in state prison.

 

Assistant District Attorney Jonathan Strongin of the Superior Court Trial Division is prosecuting the case.

 

 

Kervin Ortiz Francisco Vasquez

 

 

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.