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Bronx DA: NYS Court of Appeals Upholds Conviction in Murder of Toddler on Easter Sunday 2006

POLICE OFFICERS GUARD the minivan in which David Pacheco, 2, was shot and killed in his car seat as his parents drove along West Tremont Avenue in the  Morris Heights section of The Bronx on Easter Sunday, April 16, 2006.
Photo by David Greene

Bronx District Attorney Darcel D. Clark announced on Thursday, July 21, that the New York State Court of Appeals affirmed on Thursday the conviction of Darrell Hemphill for the fatal shooting of 2-year-old David Pacheco on Easter Sunday, 2006.

 

Clark said, “We are pleased to see this conviction upheld. The horrific tragedy of David’s death endures for his family, and they need a measure of comfort that justice has prevailed, and the person responsible stands convicted and remains in prison.”

 

According to the Office of the Bronx District Attorney, Hemphill’s conviction was overturned by the U.S. Supreme Court in January 2022 after the court determined that telling jurors in Hemphill’s trial about statements made by another man who was not called as a witness to testify in the trial, violated Hemphill’s sixth amendment right to confront a witness against him. Deputy general counsel, Gina Mignola, had argued the appeal before the U.S. Supreme Court.

 

DETECTIVES STAND NEXT to a minivan in which 2-year-old David Pacheco was killed when a single bullet struck the car door while he was in his car seat and as his parents drove along West Tremont Avenue in the Morris Heights section of The Bronx on Easter Sunday, April 16, 2006.
Photo by David Greene

The case was referred back to the New York State Court of Appeals to determine whether the error was harmless or whether it affected the jury’s verdict to such a degree that a new trial was necessary.

 

Assistant District Attorney Paul Andersen of the appeals bureau wrote the brief to the Court of Appeals. It was edited by Assistant District Attorney Noah Chamoy, supervisor at the appeals bureau; Yael Levy, chief of the appeals bureau, and by Mignola.

 

The court determined that the evidence of the defendant’s guilt was overwhelming and that, in addition, there was no reasonable possibility that statements made by the witness in question contributed to the jury’s verdict.

 

The case is somewhat reminiscent of the shooting earlier this year of then 11-month-old Baby Catherine, who, as reported, was shot in the cheek as she sat with her mother in their car at East 198th Street and Valentine Avenue in the Bedford Park section of The Bronx on January 19, while the baby’s father paid a brief visit to a pharmacy.

 

Baby Catherine was rushed to hospital and following multiple medical procedures, survived the shooting. Some months later, she was discharged. The shooter is still sought by police, who issued a reward for information in relation to the incident amid a renewed appeal in May.

 

As of July 17, year-to-date murders in the 52nd precinct are up 350 percent (9) versus the same period last year (2). An 18-year-old male youth was arrested on murder charges following the fatal stabbing of a 35-year-old man in Norwood on July 21, as reported. This latest incident is not yet included in the year-to-date murder statistics for the 52nd precinct.

 

DETECTIVES AT THE corner of West Tremont Avenue and Harrison Avenue in Morris Heights investigate the homicide of David Pacheco, 2, who was shot and killed in his car seat as his parents drove along West Tremont Avenue in Morris Heights on Easter Sunday, April 16, 2006.
Photo by David Greene

Meanwhile, year-to-date shooting incidents are up 11.1 percent (20) versus the same period last year (18) while year-to-date shooting victim numbers are down 4.2 percent (23) compared to the same period last year (24).

 

On July 20, Mayor Eric Adams held a roundtable at Gracie Mansion as part of the 2022 Mayors Against Illegal Guns Summit. Over 15 mayors participated from across the country, along with representatives from “Everytown for Gun Safety,” the largest group of gun violence prevention advocates in the country.

 

Adams said mayors were on the front lines of the gun violence crisis facing America and know that help must come from every arm of government. “That includes the new, recently appointed head of ATF (Bureau of Alcohol, Tobacco and Firearms) who will be visiting our city, but it also includes our state houses and our local city council chambers,” said the mayor.

 

“It’s a collaboration of prosecutors, of judges in every arm of the criminal justice system to deal with some of the immediate issues we’re facing, but also to prevent some of the long-term impacts that are causing some of the violence and causing young people, in particular, to continue to participate in violence,” Adams said. “We believe there are several dams that we must build; one, social media, another hidden hand that is fueling much of the retaliatory violence and even some of the initial actions.”

 

The mayor said the $9 billion gun manufacturing industry, which he said profits over public safety has remained removed from questions pertaining to gun safety. “They’re no different than the cigarette manufacturers of yesteryears who stated year after year, knowing their product produced a dangerous outcome, continued to lie and hide behind the facts,” he said. “We are not going to allow that to happen anymore.”

 

The mayor added that a third factor was sharing information. “The transparency of data and information is something that we are agreeing on, and we’re going to use our local municipalities to share the information of how a gun is born and how it dies, and how people die in between,” he said. “That sharing of information has been lost throughout the years. The presentation we received today from the local ATF SAC, special agent in charge, is a starting point for us and we are going to go back through AMAA and also through the United States Conference of Mayors to talk about how do we continue that sharing of information.”

 

Anyone with information regarding Baby Catherine’s shooting is asked to call the NYPD’s Crime Stoppers Hotline at 1-800-577-TIPS (8477) or for Spanish, 1-888-57-PISTA (74782). The public can also submit their tips by logging onto the CrimeStoppers website at https://crimestoppers.nypdonline.org/ or on Twitter @NYPDTips.

 

All calls are strictly confidential.

 

 

 

Welcome to the Norwood News, a bi-weekly community newspaper that primarily serves the northwest Bronx communities of Norwood, Bedford Park, Fordham and University Heights. Through our Breaking Bronx blog, we focus on news and information for those neighborhoods, but aim to cover as much Bronx-related news as possible. Founded in 1988 by Mosholu Preservation Corporation, a not-for-profit affiliate of Montefiore Medical Center, the Norwood News began as a monthly and grew to a bi-weekly in 1994. In September 2003 the paper expanded to cover University Heights and now covers all the neighborhoods of Community District 7. The Norwood News exists to foster communication among citizens and organizations and to be a tool for neighborhood development efforts. The Norwood News runs the Bronx Youth Journalism Heard, a journalism training program for Bronx high school students. As you navigate this website, please let us know if you discover any glitches or if you have any suggestions. We’d love to hear from you. You can send e-mails to norwoodnews@norwoodnews.org or call us anytime (718) 324-4998.

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