The sentencing of Carlos Cruz, who previously admitted to conspiring to kill his girlfriend in a staged robbery in the Bronx in April 2008, was deferred on Thursday afternoon after prosecuting lawyers launched a motion to have his plea bargain invalidated.
Cruz, 38, had pleaded guilty to Murder 1 and gave testimony against his cousin, Devon Miller, who is also on trial. Under the terms of the agreement, the plea deal could not be withdrawn at a later date by Cruz and any violation would lead to an unrestricted sentence instead of a possible minimum 20 years.
A New York City detective leads Carlos Cruz, 36, of Southbridge, Mass., away from the 43rd Precinct in the Bronx borough of New York, Tuesday, April 15, 2008, after he was arrested and charged with murder in the shooting death of 18-year-old girlfriend, Chelsea Frazier. Cruz was charged along with his cousin, Devon Miller, 25, of the Bronx, in the murder of Frazier, who was gunned down Sunday after driving to the Bronx's Castle Hill neighborhood with Cruz and their infant son, according to police. (AP Photo/Craig Ruttle)
According to the prosecuting lawyers, Cruz later stated that he was completely innocent — a declaration they said was a direct violation of his plea and should lead to a life sentence without parole.
Cruz and his 18-year-old girlfriend, Chelsea Frazier, had driven from their home in Southbridge, Mass., for a day of shopping in the Bronx on April 13, 2008, when, according to Cruz’s initial account, they pulled over on Barrett Avenue in the Castle Hill neighborhood to attend to their 1-year-old son Elijah. Cruz claimed that a robber appeared at the car door and, during the subsequent struggle, fatally shot Frazier as well as shooting Cruz in the leg.
A witness described seeing the attacker, a man with dreadlocks who was driving a green SUV, being chased down the street by Cruz, who was shouting, “You forgot to shoot me.” The description and vehicle matched those of Miller.
Cruz’s lawyer chose to reserve comments to the court until the new sentencing hearing on March 22.