A choose chillingly foresaw David Mazariegos’ escalating violence as he begrudgingly lowered his bail in an assault case — simply months earlier than the maniac allegedly beat a beloved safety guard to demise outdoors a Brooklyn subway station.
The premonition by Manhattan Decide Robert Rosenthal was revealed in a transcript from a July listening to, after prosecutors couldn’t safe a felony assault cost in opposition to Mazariegos, 25, in a case with eerie echoes to his later alleged deadly beating of Nicola Tanzi, 64, this week.
“The severity of those is rising over time,” Rosenthal stated throughout the listening to, referring to Mazariegos’ mile-long rap sheet, which largely consisted of petty offenses till the assault in late June.
Mazariegos’ cost in that case had been decreased to a misdemeanor, however prosecutors nonetheless pushed for a similar $2,500 bail set when he’d been first arraigned on the felony, the transcript reveals.
His court-appointed lawyer, Gretchen Reeser, argued Mazariegos wasn’t a flight threat and ought to be launched with out bail based mostly on his lack of violent historical past on the time — a request that gave Rosenthal appreciable pause, in line with the transcript.
“I imply that’s the level however what mitigates in opposition to that’s that that is the primary violent crime,” the choose stated, including that the truth that the fees in opposition to Mazariegos more and more changing into extra severe “is suggesting to me one thing aside from returning to court docket.”
However Rosenthal, his fingers successfully tied because of the misdemeanor cost, dropped Mazariegos’ bail to $1,000 — setting the stage for his launch, throughout which he allegedly ramped up his violence Tuesday by beating Tanzi to demise outdoors Jay Avenue-MetroTech station.
The failure to maintain Mazariegos behind bars was seized by Diana Florence, who’s working as an unbiased to interchange Manhattan District Lawyer Alvin Bragg.
Florence contended Bragg’s insurance policies and the state’s bail reforms led to Mazariegos’ launch.
“Tuesday’s tragedy was preventable,” she stated in an announcement. “Nicola Tanzi didn’t need to die.”
Richard Fife, a spokesman for Bragg’s re-election marketing campaign, shot again that Florence was “shamelessly distorting the reality and exploiting a tragedy to attain low cost political factors.”
The court docket report reveals that prosecutors mounted an aggressive case in opposition to Mazariegos after he allegedly sucker punched a safety guard outdoors a Chelsea theater on June 24.
The alleged assault was a dire escalation from Mazariegos’ prolonged felony report at that time, which largely consisted of petty offenses starting from fare evasion to graffiti to larceny.
Prosecutors sought a felony assault cost and pushed for $5,000 bail throughout Mazariegos’ arraignment July 2, information present.
Reeser argued throughout the listening to that Mazariego ought to get supervised launch, telling the court docket he was a struggling artist who couldn’t afford bail. She famous he was working with the Youth Justice Community, a bunch that matches younger folks within the New York Metropolis’s justice system with advocates to assist flip their lives round.
“Even when he have been convicted of the highest depend, a jail sentence may be very unlikely, and financial bail would quantity to jail time for my shopper,” she stated, in line with a court docket transcript.
Decide Julieta Lozano disagreed, noting Mazariegos on the time had three open instances and a previous misdemeanor arson conviction, and set bail at $2,500 money.
However by July 8, prosecutors decreased the cost to a misdemeanor as a result of the 65-year-old sufferer’s accidents weren’t sufficient to safe a felony indictment, officers stated.
They nonetheless pushed for $2,500 bail and added further misdemeanor assault prices in opposition to Mazariegos — however Reeser once more argued her shopper was turning his life round.
Mazariegos had accomplished an animation mission internship in Could and moved onto one other eight-week arts internship via the Youth Justice Community, his lawyer stated.
He additionally volunteered with a number of neighborhood organizations via the community, in addition to helped with a literacy program referred to as “Learn It and Go away It,” Reeser stated.
The troubled Mazariegos was dwelling together with his aunt within the Bronx, she stated.
However Rosenthal didn’t utterly purchase that Mazariegos was headed onto the straight-and-narrow.
“Given the sample of the rising instances — the rising habits, given the variety of instances so shortly, which does completely — is in opposition to every part that you’re telling me,” he stated. “The whole lot I’m listening to about him is he is a superb man, and he’s progressing, and doing all of this stuff.”
Reeser acknowledged Mazariegos had “points,” however stated he’s getting assist — prompting one other skeptical reply by Rosenthal, in line with the transcript.
“But it surely appears — it’s — opposite to that, it looks as if this habits is new habits that I
haven’t seen — that you just don’t see prior within the rap sheet and undermines my confidence in his look in court docket,” he stated.
“Like one thing is occurring right here past this. And I need him right here.”
Rosenthal set Mazariegos’ bail at $1,000 to make sure he wouldn’t skip his subsequent court docket listening to.
“(The) escalating nature of this case from the opposite instances leads me to find out that you just pose a flight threat to keep away from prosecution,” the choose stated.
Mazariegos’ bail was posted a couple of days later.
He was busted once more a month later after he allegedly jumped on prime of a automobile within the Bronx, shattering its windshield, whereas maniacally yelling, “Come get me. Y’all afraid of the federal government,” court docket information state.
Mazariegos was launched on his personal recognizance within the case, which was his final arrest earlier than Tanzi’s beating demise in Brooklyn, for which he now faces a homicide cost, information present.
His lawyer couldn’t be reached for remark.
