By Zach Patberg
A 15-year-old, who will be tried as an adult, was charged with the second-degree murder of Adams and the attempted murder of the victim's friend, Yajdiel Collado, 20, on Dec. 24, the DA said. He faces nine years to life if convicted.Daniel Cho, 16, could serve up to 25 years in jail if found guilty of charges ranging from manslaughter and gang assault to evidence tampering and weapon possession. Peter Gerardi, 21, who faces less serious gang assault charges as well as hindering prosecution and evidence tampering, could be sentenced to a maximum of 15 years in jail if convicted.The three defendants pleaded not guilty to the 14 counts read at Queens Criminal Court. They were due back in court May 9.Gerardi's brother, Herman, 17, who was also arrested on gang assault charges, was not included in the indictment and was absent from Tuesday's hearing.A spokeswoman at the Queens DA's office refused to comment about Herman Gerardi's case other than to say it was “a complicated matter.” But two defense attorneys said Herman has pleaded guilty to a lesser charge that carries a lighter six-month prison sentence. Herman's lawyer, Russel Morea, declined to comment.It is alleged that on Christmas Eve the defendants got into a fight with another group that included Adams and Collado following a movie at the Midway Theater on Queens Boulevard.According to the DA, Cho produced the two-inch blade that the 15-year-old is suspected of using to fatally stab Adams and injure Collado. Defense attorneys, however, claim that knives were used by both sides, as evident, they say, from a wound Herman Gerardi also received on his arm. In a statement to police, Cho said that after fleeing to Cho's Forest Hills apartment Peter Gerardi wiped the knife and handed it to Cho, who then hid it in a bag in his room.Since their arrests on the night of the incident, Cho and Peter Gerardi have been released on bail. The 15-year-old, who has not been publicly identified because of his age, remains in custody at a juvenile facility in Brooklyn. Cho's attorney, Frank Hancock, said his client has since been living with his mother in Great Neck and has resumed classes at Brooklyn Tech.”They're going after him and my guy,” said Hancock, referring to the prosecution's case against the 15-year-old and Cho. “Someone's got to go down for this.”At the hearing, the presiding judge, Robert Hanophy, removed himself from the case because of conflicting interests, since his son is a supervisor for the DA's Gang Bureau, which is investigating a separate assault case against the 15-year-old. He will be replaced by State Supreme Court Justice Randall Eng.Reach reporter Zach Patberg by e-mail at news@timesledger.com or by phone at 718-229-0300, Ext. 155.
