A judge has denied bail for a 15-year-old accused of killing one man and injuring four teenagers in a shooting in Yonkers this summer.
Lawyers for the teenager had not sought his release until Monday, Oct. 5, when they urged Westchester Judge Sheralyn Pulver to set reasonable bail with strict oversight conditions so the teen could be free while awaiting trial.
He is facing charges including second-degree murder, attempted murder and first-degree assault in the shooting at Elm Street and Palisade Avenue on the night of Aug. 2. Five people were hit. Brandon Garcia, 20, died from a gunshot wound to the back. Four teenagers were also hit.
Authorities said the 15-year-old was arrested a block away after running up Elm Street and hiding next to a car,
under which a Taurus 9mm semiautomatic pistol was found.
Defense lawyer Joseph Marciano argued Monday that the teen's family, oversight by pre-trial services and restricted movement could ensure the defendant's attendance at all court dates.
But Assistant District Attorney Craig Ascher countered that the nature of the crime - a multi-casualty incident in which at least eight shots were fired at "kids just standing there" - called for the teen to remain held without bail. He added that gunshot residue tests on the teen and video that captured the shooting made clear the boy had fired a gun that night.
"His intent here was to kill," Ascher said.
The prosecutor told Pulver that if she was inclined to set bail, it should be substantial - $5 million cash, $25 million bond or $50 million bond secured by $5 million cash.
Pulver did not go into her reason for denying Marciano's request, saying simply "the defendant's remanded."
The teenager, who turns 16 this week, was returned to Woodfield Cottage, Westchester's secure juvenile detention facility. He is due back in court on Dec. 11.
This article originally appeared on Rockland/Westchester Journal News: Teen denied bail in Yonkers shooting that killed one, injured four
