A Far Rockaway teenager is facing up to 25 years in prison for allegedly beating a Malba homeowner who was protecting his wife and property on the night of a massive and violent street takeover by more than 50 motorists on his street last month.
Justin Aguilera, 19, of Cornega Avenue, was arraigned in Queens Criminal Court on Friday on a complaint charging him with gang assault in the first degree, assault in the first degree, riot in the second degree and other crimes, after he and unapprehended others attacked the man and punched his wife.
“Our streets are shared spaces and they are never racetracks,” Queens District Attorney Melinda Katz said. “This violent incident has outraged our city.”
According to the charges and investigation, at approximately 12:40 a.m. on Nov. 23, the homeowner heard a loud commotion outside his house on 11th Avenue in Malba and saw multiple vehicles spinning their tires, doing donuts by burning rubber, creating smoky conditions, and performing other stunts like drifting in front of the corner property.
The man went on to his lawn, while holding a baseball bat, and asked a group of 10 or more people to leave the area. The victim’s wife was standing next to him. At that time, approximately six to eight individuals stepped onto the lawn, and one threatened to kill the man by saying, “I’ll pop you. I’ll put you six feet under. You’re not hard,” according to the charges.
One person in the group began to walk toward the front door of the victim’s residence and the homeowner stepped in front of him. The individual then punched the victim, causing him to fall to the ground, the charges allege. A group of at least six to seven individuals, including Aguilera, allegedly began to punch, kick, and stomp on the victim as he was on the ground.
At one point, the victim’s wife attempted to push the group away from her husband when Aguilera allegedly punched her in the mouth, according to prosecutors. The Aguilera and the unapprehended individuals fled the area. Police from the 109th Precinct responded to multiple 911 calls and arrived after the beatdown. EMS rushed the homeowner to New York-Presbyterian Queens Hospital, where he received treatment for multiple rib fractures on the left side of his body, a fracture of the glenoid cavity and neck of his right scapula, a fracture of his thyroid cartilage, a fracture of his nasal bone, and swelling to the back of his head. His wife refused medical attention at the scene.
At approximately 3:53 a.m. that morning, near the intersection of Union Turnpike and Utopia Parkway, a police officer observed Aguilera driving a white Chevy Silverado with an obstructed license plate and taillights that were not illuminated. The defendant wore a black hooded sweatshirt with a white-colored speedometer and the words ‘Fastlane Fashion’ on the clothing the defendant was wearing during the assault. The defendant’s license was determined to be suspended, and he was placed under arrest for aggravated unlicensed operation of a motor vehicle. The defendant was given a desk appearance ticket on Nov. 23.
After an extrinsic review of video surveillance from the scene of the assault, Aguilera was identified as one of the individuals who attacked the Malba homeowner. He was arrested in Far Rockaway on Thursday morning and transported back to the 109th Precinct in Flushing, where he was booked.
“As alleged, the defendant and others, during an unlawful meet up, gathered as a large group in and out of their vehicles, blocking traffic and driving in an illegal manner in a quiet residential neighborhood,” Katz said. “When a homeowner confronted the group and asked them to disperse from the front of his property he was mercilessly punched, kicked and stomped. The victim’s wife tried to help her husband when she too was assaulted.”
The DA’s office requested Aguilera be remanded into custody without bail, but Queens Criminal Court Judge Glenda Hernandez set bail at $100,000 cash and $300,000 bond/partially secured bond. If convicted of the top charge, Aguilera faces up to 25 years in prison.
“I thank our police partners for apprehending this defendant as we continue to look for all others involved,” Katz said.
