One suspect in the gruesome gay-bashing crime becomes teen father

Family members comforted each other while waiting outside the courtroom on Thursday. Photo: Yardena Schwartz

Family and friends of suspects in the hate crime waited hours in Bronx Supreme Court for a glimpse of their loved ones. Photo: Yardena Schwartz

Attorneys for eight of the suspects in the Morris Heights, anti-gay hate crime won more delays in court on Thursday, enough time for one of the youngest defendants, Nelson Falu, to become a father while he waited to make his court appearance in handcuffs.

Falu, 17, is one of 11 accused in the Oct. 3rd violent gay-bashing case that has captured the city’s attention. Falu’s 17-year-old girlfriend went into labor on Wednesday night and by Thursday afternoon, she gave birth to a premature, 4-pound boy, Ayden, while her boyfriend made his third court appearance since his arrest on Oct. 9.

“He is happy to be a father, but mad that he can’t be there with her,” said Falu’s mother, Caroline Ayala. Along with family and friends of the other suspects, Ayala and her daughter waited outside the courtroom for five hours on Thursday, only for defense attorneys to ask for more time to talk to their clients before they appear in court again on Friday and Monday.

A grand jury has begun its investigation, which promises to be lengthy due to the severity of the crime and the number of of suspects arrested. Attorneys on Thursday waived their clients’ rights to walk on current charges and reserved their rights to testify in trial. In buying time, defense attorneys hoped that the grand jury might reduce some of the charges. By Oct. 28, the jury is expected to  vote for or against indictment.

“People might just get charged for their role that night,” said Jason Foy, the attorney for 21-year-old David Rivera, outside of the courtroom. “I’d rather them get specific charges, so we’ll let them go ahead with their investigation and see where it goes.”

As it stands, the suspects, ranging in age from 16 to 26 are charged with gang assault, sexual abuse, unlawful imprisonment, robbery, and other offenses, all as hate crimes, which carry a more severe penalty.

Police said the suspects beat and sodomized a 30-year-old openly gay Bronx man and two 17-year-old boys at 1910 Osborne Place on Oct. 3. The teenage victims were alleged members of the Latin King Goonies, the same gang as the suspects, who accused the teens of having sex with the man known in the neighborhood as “La Reina,” or queen. All of the suspects are now locked up in jail or juvenile detention, except for Ruddy Vargas, 22. Vargas is the only defendant in the case who turned himself into cops and is out on bail.

Surrounded by his friends and family outside the courtroom after his appearance, Vargas said, “Only me and god know what happened.”

One of the attorneys, John O’Connell, had been prepared to make a bail argument for 16-year-old suspect Brian Almonte, until unexpected legal issues got in his way. In asking the judge for more time with his client, O’Connell said that Immigration and Customs Enforcement officials had put a detainer on Almonte and that he risked being deported. “I don’t know why,” O’Connell said outside the courtroom, adding, “he has a valid green card.”

Aside from asserting the innocence of the suspects, family members and attorneys gathered outside the courtroom questioned why the District Attorney’s office was not investigating the 30-year-old victim, who they claim was having sex with boys as young as 16.

“I don’t understand why the DA isn’t looking into this man having sex with underage children, and why no one is mentioning that,” said Sanders Denis, the attorney for 23-year-old Idelfonso Mendez. Denis told reporters outside the courtroom that Mendez, who has been painted as the ringleader of the attacks, had known the 30-year-old man for six years and was once friends with him. According to the criminal complaint against him, Mendez kicked and punched the man, then inserted a wooden stick into his rectum, asking him, “Are you a faggot? Do you like this?”

Speaking to people outside the courtroom, Denis hinted at things to come. “As this progresses,” he said of his client’s case, “you will hear more facts and the truth will come back. There is more there that people don’t know about.”