DISTRICT ATTORNEY - NEW YORK COUNTY

FOR IMMEDIATE RELEASE
May 21, 2010

CONTACT: Erin Duggan
212-335-9400

DISTRICT ATTORNEY VANCE ANNOUNCES RESULT OF GRAND JURY INVESTIGATION

Manhattan District Attorney Cyrus R. Vance, Jr., announced that a New York County Grand Jury today has voted not to file criminal charges against Brenddy Garcia in connection with the fatal stabbings of 24-year-olds Ricardo Williams and Darnell Morel, which occurred on March 28, 2010, on a southbound No. 2 subway train. The Grand Jury heard from approximately 30 police, medical and civilian witnesses. The Grand Jury in this case considered the evidence and applicable laws, and voted to dismiss the charges. Our Office respects the decision of the jurors.

The law prohibits the District Attorney’s Office from speaking about the evidence or witnesses who were presented to the Grand Jury. Before starting the Grand Jury proceedings, the District Attorney’s Office, in conjunction with the NYPD, conducted an extensive investigation into the events of March 28, 2010.  This release is designed to disclose non-Grand Jury findings based upon the investigation conducted outside the Grand Jury.

This investigation raised significant evidence of self-defense. In the early morning hours of March 28, 2010, Darnell Morel and Ricardo Williams, along with eight friends, went to a midtown bar. After leaving the bar, the group headed toward the 42nd Street Subway station en route to Brooklyn. On their way to the subway, the group entered a Duane Reade pharmacy where, according to eyewitness and a store video recording, some members of this group tried to steal beer, and where Mr. Williams jumped onto a counter after intentionally kicking over a store display.  The group eventually left the store with beer they had purchased inside a large Duane Reade shopping bag.  The group then entered the 42nd Street subway station at approximately 4:45 am. 

Witnesses told investigators that Mr. Williams and other members of his group continued to behave in a rowdy and raucous manner once inside the station. The group soon boarded a Brooklyn-bound No. 2 train. The train car was also occupied by Brenddy Garcia and four of his friends, who were sharing a cigarette at the time that Mr. Williams, Mr. Morel and the rest of their group boarded the train.  Mr. Garcia and his friends were traveling southbound after attending a baby shower in the Bronx.  In addition to these two groups, there was also at least one unidentified man asleep on the subway seats and an unidentified woman.  Neither of these individuals was associated with either group.

At some point during the train ride, Mr. Williams and his friends, many of whom have stated that they were intoxicated, took beers out of the Duane Reade bag and began to drink them.  All witnesses agreed that certain members of group were acting in a loud, aggressive and disruptive manner. One of the members of the group approached a person who appeared to be homeless, screamed in his ear and slammed the seat above his head. He then approached an unidentified female and spoke to her in a manner that caused her to leave the train. While this was happening, Mr. Williams was doing pull-ups on a metal bar.

Witnesses from both groups recall that at some point, Mr. Williams kicked a large shopping bag in Mr. Garcia’s direction, possibly striking Mr. Garcia.  Until this time, no witness had seen Mr. Garcia take any aggressive act toward Mr. Williams’ and Mr. Morel’s group.  In fact, members of Mr. Garcia’s group later stated that they avoided looking at the other group because they were older, their rowdy behavior was intimidating, and they outnumbered Mr. Garcia’s group two-to-one. 

Mr. Garcia tossed the bag back in the direction of Mr. Williams’ and Mr. Morel's group, and stated in substance, “Are we good?”  By all accounts, when Mr. Garcia tossed the bag back, it did not strike anyone.  In addition, up through that point, no one had seen Mr. Garcia in possession of a knife.

After Mr. Garcia tossed the bag back toward the decedents’ group, Mr. Williams became irate. Mr. Williams approached Mr. Garcia and began to berate him and curse him and then attempted to attack him, having to be physically restrained by other members of his group including Marc Joseph, who was holding a bottle of beer.

According to Mr. Garcia and his friends, Mr. Joseph struck and broke an open, glass bottle of beer over the head of Mr. Garcia.  Indeed, Mr. Garcia did have cuts near and on his right ear.  After being struck with the bottle, Mr. Garcia’s knees buckled and members of Mr. Williams’ and Mr. Morel’s group attacked him, pulled his clothing over his head, and dragged him towards the center of the car. Mr. Garcia was prevented from seeing who was striking him, and with what he was being struck.   He felt himself being surrounded by the other group who beat him and kicked him.  As he tried to escape, unable to move freely in any direction, Mr. Garcia believed that he was about to be killed.  At some point in the fight, after he had been struck with the beer bottle and attacked by the other group, Mr. Garcia produced a folding knife he was carrying in his pocket, and swung it repeatedly, in an attempt to free himself from this beating.  The result of this melee was the deaths of Mr. Williams and Mr. Morel, and the non-fatal stabbing of a third individual, Mr. Joseph. 

When the train pulled into the Christopher Street station, Mr. Garcia and his friends ran from the subway station.  As the train pulled away from the Christopher Street platform, the group with Mr. Williams and Mr. Morel, still on the train, realized that three individuals had been stabbed.  When the train arrived at the next station - the Houston and Varick Street station - the MTA conductor and motormen were notified.  Police officers and emergency medical technicians responded to the scene and attempted to assist the wounded men. 

The District Attorney’s Office and the NYPD began an immediate investigation into the fatal stabbings of these two young men.  During the course of this investigation, every identifiable witness – police, medical, and civilian – was interviewed.  At the conclusion of the investigation, the case was presented to the Grand Jury. 

Generally speaking, a Grand Jury is established under the New York State Constitution as a fundamental protection for the rights of those accused of a crime.  It is the sole authority that can decide who should be charged and tried in the criminal prosecution of a felony matter.  Evidence presented to a Grand Jury must establish reasonable cause to believe that a person committed an offense.  Under the law, a person is justified in using deadly physical force where he reasonably believes another person is about to use or is using deadly physical force against him or a third person, and he is unable to retreat to safety.

District Attorney Vance stated: “Any violent and senseless death of a young person is a tragedy for all of us, and particularly so for the families.  My deepest condolences go out to the families of Ricardo Williams and Darnell Morel.”   

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New York County District Attorney | duggane@dany.nyc.gov | 212-335-9400