Man Pays For Fatal Dutch Kills Beating
A former resident of a Long Island City homeless shelter has begun a lengthy stay in a state prison for fatally beating a Dutch Kills man who tried to prevent the suspect from attacking a neighbor on his block in September 2008, law enforcement officials announced.
Eric Cherry, 47, who previously resided at the Borden Avenue Veterans Residence at 21-10 Borden Ave. in Long Island City, was sentenced by Queens Supreme Court Justice Gregory L. Lasak last Wednesday, June 13, to 19 years behind bars after being convicted of first-degree manslaughter and second-degree assault at trial in April.
Prosecutors stated that Cherry assaulted 65-year-old Nicholas Nowillo on the night of Sept. 3, 2008, as the resident of Crescent Street attempted to stop the defendant from harming a resident on his block. Nowillo suffered severe trauma to his body and died shortly thereafter at an Astoria hospital.
“[Nowillo’s] family must now with the difficult task of adjusting to a life empty of the presence of a husband, father and grandfather,” Queens District Attorney Richard A. Brown said in a statement last Wednesday. “[Cherry’s] actions clearly show that he is a threat to society and deserving of today’s sentence.”
Law enforcement sources said the trouble began at around 10:40 p.m. on Sept. 3, 2008, when Nowillo was asked by a female neighbor to come outside of his home on Crescent Street near 39th Avenue. Reportedly, the woman spotted Cherry moments earlier hanging around and staring at her as she exited her vehicle.
According to trial testimony, Nowillo spotted Cherry banging and kicking his car, which was parked in front of his home. When the victim told the defendant to leave, authorities noted, Cherry punched him several times, then threw him to the ground.
After Nowillo was knocked down, police noted, Cherry punched and kicked multiple times, then fled from the scene on foot.
Members of the 114th Precinct and EMS units responded to the scene. Nowillo, who had suffered nine fractured ribs and blunt trauma, died a short time later at Mount Sinai Hospital of Queens.
Cherry was reportedly caught by police several blocks away and was initially charged with felony assault. He was later booked on manslaughter charges and has been in jail since his arraignment on Sept. 6, 2008.
The case was prosecuted by Assistant District Attorney Shawn Clark of the D.A.’s Homicide Trials Bureau, under the supervision of Assistant District Attorneys Brad Leventhal, bureau chief, and Jack Warsawsky, deputy bureau chief.
