By Jeff Lipton
Hembert Chacon, 20, of Cornaga Avenue in Far Rockaway, a member of the MS-13 gang, pleaded guilty to second-degree murder on Thursday, May 15, before Nassau County Criminal Court Judge Richard LaPera. Chacon faces 20 years to life in prison when he is sentenced by Judge Donald DeRiggi on July 10, according to the Nassau County District Attorney's Office.
Chacon shot and killed Dagoberto Ramos, 19, of Mott Avenue in Inwood, because he thought Ramos was a member of a rival street gang, the Latin Kings. Facing a mountain of evidence against him, Chacon decided to plead to the top count right before a scheduled hearing on the case, said assistant district attorney Howard Sturim.
According to Sturim, Chacon and a group of about five others were returning from a neighborhood soccer game on June 2, 2002, when they saw Ramos and his friends leaving a grocery store at 18 Mott Ave., where they had purchased something to drink.
Chacon and his fellow gang members threw bottles at Ramos and his friends and Chacon chased Ramos into a nearby driveway, which was fenced off, trapping the victim, Sturim said. Chacon then pulled a gun from his knapsack and trained it on the victim for about 10 seconds, Sturim said. As his cohorts egged him on, shouting, Shoot him, shoot him, Chacon fired one shot into the victim's chest, according to Sturim.
Ramos was rushed to St. John's Episcopal Hospital in Far Rockaway, where he died during surgery. Chacon was arrested at his home 10 days after the shooting.
They believed [Ramos] was a member of the Latin Kings. I don't know if he was, said Sturim. He was with a number of people who were getting drinks at a deli when they were set upon. In fact, [Chacon] and his gang were coming back from playing soccer at a field nearby. It was just a chance encounter.
Family members have denied that Ramos was a gang member.
Justice will be served by the plea, Sturim said. The defendant straight-forward admitted he did it. There's no question about it. The evidence in this case was so overwhelming. He had given a written confession and an oral confession.
Kevin O'Donnell, Chacon's defense attorney, agreed that the evidence against his client was overwhelming. The DA could not have had a stronger case against us, he said. It's a difficult thing to tell someone that 20 years to life is a good deal.
Sturim said that if the case had gone to trial and Chacon were found guilty, he likely would have received the same punishment. In that case he would not be eligible for parole until he served 20 years. However, the judge could have given him the maximum sentence, 25 years to life, or something close to it, O'Donnell said. It was a good deal based on the evidence, he said. It's probably the strongest case I've ever been involved with as far as evidence goes, and I've been doing this for nine years and I'm a former prosecutor.
O'Donnell added that there's a chance Judge DeRiggi could sentence Chacon to 15 years to life.
O'Donnell said Chacon is extremely remorseful for what he did. He cries and he feels awful about it, he said. He's a scared kid.
The shooting was spontaneous, O'Donnell said, and not at all premeditated. He said Chacon arrived from El Salvador with his mother shortly before the shooting and got involved with gangs in Hempstead. He's a good kid. It's too bad he got caught up with gangs, O'Donnell said. If his mother had not moved him to Hempstead, he would not have gotten involved in a gang. I can see him flipping burgers at a Wendy's rather than getting caught up in a shooting.
