The person charged within the loss of life of a Queens straphanger was held with out bail Tuesday evening as court docket paperwork revealed that he allegedly punched the sufferer within the face, inflicting him to fall onto the tracks in entrance of an oncoming prepare.
Carlos Garcia, 50, arraigned on costs of manslaughter and assault, is accused of inflicting the loss of life of 48-year-old Heriberto Quintana after the pair obtained into an argument on a subway platform contained in the Jackson Heights-Roosevelt Avenue station early Monday night.
Quintana allegedly by accident ran into Garcia, knocking the cellphone from the hand of the alleged assailant and to the tracks, based on police sources.
Garcia then demanded to know if Quintana deliberate to retrieve his cellphone for him and when he refused, the boys obtained right into a scuffle, witnesses informed cops on the scene.
Station surveillance footage obtained by investigators reveals the pair tussling on the bottom of the platform earlier than Quintana tumbles onto the tracks, a police official informed the Publish Tuesday.
Garcia allegedly delivered a remaining blow to Quintana’s face simply as a Jamaica-bound F prepare got here barreling into the station, inflicting the sufferer to fall in entrance of the prepare, based on witness accounts cited within the legal criticism.
Quintana was rushed to Elmhurst Hospital, the place he was pronounced lifeless.
At Tuesday evening’s arraignment, Queens Assistant District Lawyer Ryan Nicolosi informed the court docket that Garcia admitted to hitting the sufferer.
Nevertheless, Garcia’s lawyer, James Neville, argued his shopper needs to be going through costs of assault within the third diploma for the punch slightly than manslaughter.
“He was upset concerning the man knocking the cellphone out of his palms, mainly telling my shopper in not so good language, to ‘Go Fly a Kite,'” mentioned Neville.
He added that Garcia tried to drag Quintana off the tracks.
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