(NEW YORK) — Hate crime and murder charges have been filed against a New York City parks worker in the fatal July shooting of a Venezuelan migrant, a crime prosecutors described as “premeditated and cold-blooded.”
Elijah Mitchell, a 23-year-old temporary worker for the New York City Parks Department, was indicted Wednesday on charges of second-degree murder as a hate crime, second-degree murder, second-degree criminal possession of a weapon, second-degree menacing as a hate crime, and second-degree menacing, according to a statement from Brooklyn District Attorney Eric Gonzalez.
Mitchell is accused of gunning down Arturo Jose Rodriguez Marcano in July at Brooklyn’s Stueben Playground, three days after he allegedly threatened the 30-year-old migrant with a handgun during an argument at the park, Gonzalez said in his statement.
“This defendant allegedly came to the location where the victim was staying, armed with a gun, to settle a score,” Gonzalez said in the statement. “This premeditated and cold-blooded homicide is outrageous on many levels, not least because the alleged motive was hatred towards new arrivals to our city.”
Mitchell pleaded not guilty to the charges Wednesday in Brooklyn Supreme Court and a public defender was appointed to represent him. An ABC News request for comment sent to Mitchell’s attorney was not immediately answered. The New York City Department of Parks & Recreation had no comment in response to a similar ABC News request.
The shooting unfolded around 10:40 p.m. on July 21 inside Stueben Playground, prosecutors said.
Mitchell allegedly went to the park looking for Marcano and shot him once in the chest before fleeing the scene on foot, prosecutors said. The mortally wounded victim was taken to Methodist Hospital in Brooklyn, where he was pronounced dead.
After he was detained July 29 for questioning about Marcano’s murder, Mitchell allegedly admitted to being at the park the night of the shooting but claimed he did not commit the killing, saying he went there to use the restroom, heard a gunshot and then ran, according to a statement prosecutors say he gave detectives after allegedly waiving his Miranda right to remain silent.
“Hell no, I didn’t have a gun that night,” Mitchell purportedly told detectives, according to his statement to detectives, which prosecutors provided to ABC News on Thursday.
Three days before the shooting, prosecutors allege Mitchell, who claimed to be homeless and living out of his car, got into a heated argument with Rodriguez Marcano at the playground.
“The defendant went to a vehicle, came back and allegedly lifted his shirt to show a gun in his waistband. He was pulled away by other employees,” prosecutors said in a statement.
But Mitchell, according to his statement to detectives, denied threatening Rodriguez Marcan with a gun. He said he was told to leave the park that day by his supervisor when a group of migrants living in the park became upset with him and other parks department employees for trying to clear their homeless encampment as part of their work duties.
“What caused me to leave was that they were being aggressive,” Mitchell purportedly told detectives of the migrants’ reaction, according to his statement to detectives. “They started grabbing weapons and s—. I just went back to the truck. No, I don’t have a gun on me. I don’t do that. I’m positive.”
Mitchell said he harbors no animus toward migrants, but conceded that he and his coworkers were “tired of removing people from the park,” according to his statement to detectives.
“It’s not my problem. It’s not [the] Parks Department’s problem. I go to work, I cut grass, and that’s it. No, I don’t have a problem with migrants,” Mitchell told detectives, according to his statement.
If convicted of the charges, Mitchell faces a maximum sentence of 25 years to life in prison, prosecutors said. He is being held in jail on a $2.5 million bond and was ordered to return to court on Oct. 23.
“My office will vigorously prosecute this horrific case, and these enhanced charges send a strong message that hate crimes will never be tolerated in Brooklyn,” Gonzalez said in his statement.
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