Westchester County District Attorney

111 Dr. Martin Luther King, Jr. Blvd.
White Plains, NY 10601
Tel: (914) 995-3586
Fax: (914) 995-2116

April 16, 2013 -- Westchester County District Attorney Janet DiFiore announced that Francisco Javier Vasquez (DOB 12/04/74) of 914 Simpson Street, Bronx, New York was sentenced today to nine years in state prison on his guilty plea to:

• 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,

relating to a fatal stabbing.

Kervin Ortiz (DOB 5/21/68) of 1515 Grand Concourse, Bronx, New York was sentenced on April, 4, 2013 to shock probation on his guilty plea to:

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

On April 8, 2012, at approximately 11 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 called 911.

Jackson was transported to St. Joseph's 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.

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

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.