Ozone Park man charged in ATV incident: DA

A man who was allegedly driving an ATV illegally on a street road was indicted in the murder of a bicyclist.
Photo courtesy NYPD
By Naeisha Rose

A grand jury indicted a 24-year-old Ozone Park man last week on eight criminal charges stemming from allegedly using a trick maneuver on an all-terrain vehicle to strike one bicyclist dead and nearly injuring another, according to Queens District Attorney Richard Brown’s office.

Despite taking safeguards to be seen on the road, Brooklynite Eucario Xelo, 65, who worked as a dishwasher at a Queens restaurant, died a few days after Sean Martin allegedly performed a “kick out” trick on his ATV Aug. 28 at approximately 1 a.m., which resulted in the rear tires hitting the elderly man’s bike in Ridgewood, according to an indictment.

“The defendant in this case is accused of using a trick maneuver to intentionally knock a 65-year-old rider from his bike,” said Brown. “The victim in this case took every precaution to be safe. He wore reflective gear to be seen by motorists, but none of that mattered when he rode from his job in Queens toward his home in Brooklyn early that morning.”

Video surveillance shows Martin approaching the victim from behind the intersection of Seneca Avenue and Woodbine Street, performing the kick out maneuver that causes the rear tires to be outward. The move resulted in Xelo falling from his bike and hitting his head on the pavement, according to the indictment.

The DA’s office believes that Martin’s actions were intentional, as another piece of surveillance footage caught the defendant allegedly trying to use the same move again when next to a second unnamed bicyclist.

“The defendant is alleged to have set out to knock the man from the bike and after succeeding, video surveillance shows him attempting the move with another cyclist just blocks away,” said Brown.

The footage also catches Martin leaving Xelo at the pavement without assisting him. Five minutes later on Cypress Avenue and Summerfield Street in Ridgewood, the defendant attempts the maneuver next to the second bicyclist. The unnamed man manages to swerve before he is struck down, according to the indictment.

The defendant was arraigned by Queens Supreme Court Judge Michael Aloise. He could face up to 25 years to life in prison if convicted and was told to return to court Dec. 13, according to the DA’s office.

“This was an egregious and senseless act of depravity. The defendant now faces the possibility of spending the rest of his days locked away from civilized society,” said Brown.

Reach reporter Naeisha Rose by e-mail at nrose@cnglocal.com or by phone at (718) 260–4573.

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