Mar 25, 2009 4:01 pm US/Eastern
Suspect Acquitted In '06 White Castle Cop Attack
Daryl Massey Had Pleaded Not Guilty In Assault That Led To Eric Hernandez's Death
NEW YORK (CBS) ―
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Officer Eric Hernandez was gunned down by a fellow cop in January 2006 after an altercation with several men inside a Bronx White Castle.
CBS
A man accused of taking part in a gang assault that led to an off-duty police officer's death in White Castle in 2006 was acquitted Wednesday, CBS 2 has learned.
Daryl Massey, 26, had pleaded not guilty to assault charges in the Jan. 26, 2006 attack on Eric Hernandez and claimed he'd never laid a finger on the officer. After three days of deliberations, the jury apparently agreed, much to the dismay of Patrolmen's Benevolent Association President Pat Lynch.
"We are outraged and disappointed that this cowardly thug who was part of a wolf pack that attacked officer Hernandez and set into motion a chain of events that led to the officer's tragic death will not be held responsible for his crime," Lynch said in a statement. "Everyone who participated in any part of this unwarranted and brutal attack shares the responsibility for the death of a good police officer and deserves prison time as a result."
Five others have already begun serving jail time after pleading guilty to assault charges.
In January 2006, Hernandez, 24, had been out drinking heavily the night he was punched and kicked by a group of young men at the White Castle on Webster Avenue. A judge called it an "unprovoked attack" on the off-duty cop.
Outside, Hernandez pulled his gun on a man he mistook for one of the attackers. A uniformed cop arrived and told Hernandez to "drop it," but then opened fire when Hernandez didn't obey.
A surveillance video shows Officer Eric Hernandez being punched and kicked by several men just moments before he ran outside and drew his gun, only to be shot by the fellow cop.
Under a plea deal, Edwin Rivera was sentenced to 10 years for attacking Hernandez. Nelson Rodriguez was sentenced to six, and Jonathan Ayala and Alexander Fontanez were sentenced to five years in prison.
A teenager who also took part in the fight was sentenced as a juvenile.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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