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Suspect in Subway Stabbing Claiming Self-Defense

040210stabsuspect.jpg
Via Brenddy Garcia's MySpace
[UPDATE BELOW] Innocent until proven guilty and all that, but this MySpace photo of the man suspected of fatally stabbing two men on a No. 2 subway train Sunday morning doesn't look good. Police have arrested three men in connection with the incident, which the victims' friends claim started after the assailant got hit in the head with a plastic bag containing empty beer bottles. Last night police charged all three suspects with second-degree murder; CBS2 reports that 19-year-old Brenddy Garcia of Brownsville, Brooklyn was also charged with criminal possession of a weapon.

The arrests came after several people were rounded up early Thursday and questioned in connection with the homicides. Sources tell the Post—which is reporting that Varella and Hernandez were released without charges—that Garcia confessed to the stabbings but claims he was fending off a group of 7-8 drunken men who hit him in the head with a beer bottle.

Unsurprisingly, Garcia's side of the story differs markedly from the account provided by the victims' friends, who claim that they accidentally hit the stabber with a bag of trash that was intended for the station platform. Both victims, and several others in their group, had police records. And sources tell the tabloid that Garcia, who has no criminal record and was returning from a baby shower in the Bronx, is giving this version of the larger groups' behavior:

All of them had spent the night partying at Cellar Bar in The Bryant Park Hotel. As soon as they boarded the train, they began menacing the passengers, according to the suspects' friends and other witnesses. The witnesses said the gang woke a homeless man, then terrified a young woman. After she fled the train, they allegedly confronted other riders, including the stabber and the other two suspects.

Soon, the victims and their pals began lobbing trash at the smaller group, the witnesses told cops. The 19-year-old was hit with the bottle and furious words were exchanged. The larger gang allegedly began moving toward the smaller group. They started fighting as the train traveled between the 14th Street and Christopher Street stations.

On the other hand, victim Darnell Morel's cousin tells CBS2, "He's only 24 and hadn't lived his whole life yet. Now it's over. And I heard he was the one who was trying to calm down the fight. He was trying to tell everybody like chill, chill, chill, and look what happened."

UPDATE: Police have dropped the charges against two of the suspects; sources tell NY1 that there was not enough evidence to move forward with charges against them.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

Comments [rss]

  • I LOVE NYC

    even though brenddy has a pic with a machete who was taken in 2006... the facts are that there are witnesses collaborating his story... plus all of darnell and ricardo's friends had criminal records, brenddy did not so its obvious they werent as innocent as their family wants to make it seem... darnell and his friends were drunk and looking for trouble well they found it but too bad for them it didnt turn out the way they planned it

  • Amanda Harletsch

    because nothing says innocent like a machete and a imaginary gun profile picture.

  • laisla

    Someone failed Logic 101.

  • xgeyiph772

    Yeah, I think I'll start driving home after I get off work at midnight. Getting a bit tired of shitters, spitters, knifers and chicken-bone spitting types taking back the subway like it was 1982 all over again. Grafitti can't be far behind. Rudy G, those of us who lived here 25 years ago and remember the loads of BS similar to this miss you.

  • cxb

    I HATE TO BE SUPER-CRITIC but let me leave you with more evidence that you're all NAIVE.





    EX: many of you talk about how the facts will eventually come out, even though all history says that NEVER happens.





    FACT:

    this case won't go to trial for two FUCKING YEARS, in violation of the 6th Amendment's Speedy Trial law, b/c no politician or media source gives a shit.





    FACT:

    the longer you postpone a trial, the more evidence deteriorates; memories of witnesses deteriorate; and the ability to have an accurate trial DETERIORATES.





    ALL TRIALS are a mess of butchered evidence, sloppy testimony, and so on.



    (It HAS to be, b/c cops are uneducated idiots; the crime labs are all corrupt; the lawyers on both sides are more concerned with "winning" then getting to the truth; and the judge is a scumbag right winger appointed by Rudy and Mike, and no one hates truth more than a right winger.)





    DO YOU REALLY THINK THE TRUTH will come out?



    As both a victim of serious crime AND as an alleged criminal, I can prove to you that "Prosecutor" is a polite term for "psychotic criminal liars", and almost the same goes for "defense lawyers".



    These people are all dangerous criminals and NO ONE WILL LIFT A FINGER TO REFORM THIS DISASTER.



    Hate to be a downer, but until y'all stop believing that bad people will get theirs in HELL after they die, (ie, that there's ANY legitimacy to the USA's legal system) NOTHING CAN IMPROVE.





    xoxox,

    CXB

  • cxb

    I've lived in NYC since 1990, and I'll publicly debate anyone who says it was more dangerous or crime-ridden back then.



    Giuliani didn't merely INCREASE crime (uh, half his top staff went to prison which should tell you a LITTLE)... the guy gave the NYPD a license to kill innocent people like never before!



    (REMEMBER: you can't blame the dumb, inexperienced cops who shot, say, Diallo to death, b/c it was proven the POLICE COMMANDER of the Street Crimes Unit WARNED Criminal Giuliani that his expansion of the unit with UNTRAINED officers was an "accident waiting to happen". Under law, Rudy and Safir should've both been arrested and tried for criminally negligent homicide, etc, for Diallo's death. But Rudy gave the media billions of taxdollars --- no, LITERALLY billions of taxdollars-- as corp welfare in exchange for endless press about how he fixed NYC. And some morons believed it!)



    NEVER FORGET: my infamous war with Giuliani began after he arrested me for publicly complaining that he refused to help me as a victim of crime, after Rudy (on WABC radio) promised me he'd help!



    (I called and spoke to him live on air b/c the police refused to help me when I was covered in my own blood after an assault. Rudy directly protected both the violent thugs and the corrupt cops.Shocker! So I started exposing his lies all over the city and proving he was SOFT-On-CRIME beginning in 1995 and his only recourse was to arrest ME and smear me in the press! He sure as fuck wasn't going to arrest bad cops are be upset that cops let thugs get away!)



    That's his entire reign in a nutshell: all lies all the time.

  • MrCholly

    The bag of trash didn't hit him at all according to all accounts, it hit his friend and apologies were made.But he had to be the bad ass, well his pals are out drinking and he's guarding his asshole. No law abiding citizen walks around carrying a knife, period. This 19yr old thug "having no criminal record means he wasn't caught until his natural instinct kicked in. He will be comfortable as some inmate wifey, in no time soon. I must ask his defenders how many of you would trade places with kid.He'll be in prison the rest of his natural miserable life and that's were savages like him belong.

  • potsmoker

    No law abiding citizen walks around carrying a knife, period



    uh yes they do, as a matter of fact millions of law abiding americans carry GUNS legally.

    but in nyc only if your a rich celebrity or connected to gloomerbegs nutsack!

  • jaycjay

    "The bag of trash didn't hit him at all according to all accounts"



    According to the account given by a friend of the guys who were killed. The "we're nice guys (and aspiring rappers) and tried to apologize, but he was irrational" version.



    Now there's this version: "Soon, the victims and their pals began lobbing trash at the smaller group, the witnesses told cops. The 19-year-old was hit [in the head] with the bottle and furious words were exchanged. The larger gang allegedly began moving toward the smaller group."



    From witnesses, not any of the actors on either side.

  • Spook

    First of all I have two machetes like that that I brought as souvenirs from the Dominican Republic during a dive trip. I would not post them on my face book account because I'm not 19 any more.



    Brenddy Garcia doesn't look like a thug, but like a urban hippy at least in that shot. Also as no one has mentioned a criminal record, I think more than likely he was just defending himself as I said when this story broke. I hope he gets a medal.



    To here the "victims" called peace makers, etc, is stupid. they are nothing but urban terrorist who crossed the wrong guy. Now go get yer shine box!

  • Zeus Christ

    If I saw 8 to 10 drunken animals throwing bottles on the train, I would make a beehive exit to the next subway car. Then again, at that time of the night since I'd catch a cab.

  • roadblock

    I left NYC a few years back. But I carried a knife from about age 15 on up. For a lot of those years I had the knife I'd use if anything went down and then a legal 3" blade I kept in my backpack. The theory being I'd ditch the illegal blade and get blood on the legal one if need be.



    Sounds to me like it's a good thing this kid had a blade. The only mistake it seems like he made is not sticking all 7-8 of his attackers.

  • Loulou

    idk what went down but I see 8 drunk ass motherfuckers and a bag of bottles just came at me..im outnumbered..my knife is coming out for sure and I dont give a fuck who in the group gets it.

  • Guest

    the most likely scenario:



    the 3 were already on the 2 train (probably from 96th st), and the 7 got on the train in times square in the same car. the 7 started harassing people and the 3 were watching them, feeling enraged and feeling a little intimidated. the 7, feeling in power and sensing the intimidation, started harassing the 3. words were exchanged, and one of the seven (probably one of the victims) threw a bottle aimed at garcia's head. garcia lost it, went over with his knife, and the other victim probably was trying to back up his bottle-throwing friend. all the others were shouting 'calm down!' so garcia kills the 2. the one who was hospitalized probably tried to stop garcia in the middle of his attack.



    all in all, i'd say this is carl hiaasen worthy.

  • horseplay

    DDP? In my old neighborhood in west harlem, i can remember hearing alot about them and how other gangs in the area were victimizing the DDP gang. I also hear that they're having a hard time up in the bronx

  • 5borough

    Sounds like a victimless crime.



    Brenddy Garcia Goetz!

  • Spook

    I support the stabber and for all you carry conceal types

    this guy was carrying a knife and some one opposed to carrying guns( such as myself) a knife is better than a gun

  • Boogie Down
  • JenChungsBaby

    Is that a funhouse mirror?



    It's always the little ones who have something to prove. We won't miss him when he's doing 15 to life.

  • CaptainMXC

    If you think he will be getting15-life I doubt it. The facts are clear:

    There were large group of them vs 3 of the other guys.

    They threw something in the direction of the guys that hit them (which they admit, purposeful or not is not the ques)

    They were drunk (which they admit).

    They have records, and the suspect did not.



    So even if you remove all the accounts, and he said, he said, those facts will remain the same and those are some pretty strong mitigating circumstances. I know many people who carry knives to protect themselves, so implying he was up to no good is BS.

  • Boogie Down

    "It's always the little ones who have something to prove."



    So true.

  • Boka

    the kid is a Trinitario..a dominican gang. the machete and the gang sign hes throwing up are indicative of that crew.

  • theevilone

    Surprise, surprise. The angelic victims were being shitstirrers. This guy ought to get a good lawyer. Seems like he did the public a service.

  • This is why the city needs security cameras everywhere... invading our God given privacy. And anyone making under 40k a year should be tracked with a gps chip installed in the ankle. Right now, the lack of constant monitoring of potential criminals means there's no telling who's white or wrong in this situation...

  • l3iodeez

    White or wrong.. I love it

  • Troy

    kid is slipping, he will get off and all the defense has to do is find those people that walked off the train to put a little light on the subject, But I warn you that 7 or * of yall try that with me, I leave more then two of ya with crying families...try me...be aquitted too many times, this case wont get far, they even offer pleas of attempted assualt, these kids be the fool to take a plea...even with the weapons charges...

  • Guest

    "...then terrified a young woman."



    a-ha!i wrote in the other post that i wouldn't be surprised if a woman was somehow involved.

  • jaycjay

    Actually, as I recall, you said you wouldn't be surprised if it was over a woman... not that one may somehow have been tangentially involved before the fight began but with no connection to it.



    Let's ask the judges... No, I'm sorry, no win for you.

  • Guest

    hah. i thought i could have gotten away with that.



    ps holy shit. people remember my stuff?

  • dgeee

    Hey tourists, even Dominican women carry a weapon when they go out.

  • akachris

    It will be interesting how this case turns out.



    You have 7-8 guys who admit to drinking until the early morning so their testimony can be construed as suspect because of alcohol.



    Their story about throwing trash onto the platform now sounds a little inconsistent. If the smaller group was already on the subway car, how did the accused attacker get hit by the garbage bag if it was being thrown onto the platform.



    Likewise, the attacker traveling in the early moring from "a baby shower" sounds strange. There is no word if he and his friends were drinking or not. The knife is not a good sign. Ditto with the MySpace photo [seriously, shouldn't he be deleting that photo once the incident happened]. The fact that admitted stabber didn't contact police also hurts his story.



    It'll be interesting if the police will be able to find a 3rd party witnesses like the young woman that was supposedly harassed. I wonder if they can backtrack through video of the subway platforms to see what station she got off the subway car, what station she got on, and trace the MTA card to see who bought it.

  • Eric

    "I wonder if they can backtrack through video of the subway platforms "



    Haha, good one.

  • Rocknrope

    Just in the time this story first broke, that little "bag of trash" is now a plastic bag filled with glass bottles that hit the victim in the head. I'm certain there'll be more details to come on the group of "victims."



    Put yourself in the situation: you're walking onto the train with two friends, and a bag of glass hits you in the head. You look over and its a group of 8 drunk dudes. I myself would be majorly pissed off as well, but I probably would not antagonize the larger group given the numbers.



    In the end, I'll bet that the victims did not try to "calm" anything down.





  • potsmoker



    im sure the facts will come out, yeah he had a knife, yup photo check on da internets show him with a macehete.

    ,

    but if you want us to believe that a drunken rowdy group of 10 knuckleheads were all innocent victims. im sure they attacked and menaced him, then he defended himself with his knife...

    great work...cleaning up trash.

  • l3iodeez

    Thats why i don't carry a knife for self defense. I carry a tool that while perfectly legal and used for my job, is a nice convenient heavy blunt object. Much harder to accidental kill someone with.

  • JenChungsBaby

    We can probably be sure of two things here:



    1) Nobody was an angel on that subway car.

    2) Whatever occurred there was no justification for killing anyone.

  • BklynsFinest

    HAHA! I just realized you changed your profile name from "JenChungsBra" to "JenChungsBaby"!



    Awesome! Thats the cleverest bit of entertainment on this post!

  • GOP

    7-8 "victims" versus 3 guys... why is that not justification for self-defense that ends up with 2 of the 7-8 "victims" dead? If I was getting jumped by 7-8 "victims" I might have to take out 2 or 3 of them. No?



    Who the hell throws a bag of trash onto the platform anyway? If it doesn't make sense it's probably not true. Garcia's story seems more plausible.

  • JenChungsBaby

    Self-defense when there's no other option is fine. But justification disappears when you instigate even if it's in reaction to someone else. And I'd bet today's paycheck that when that guy got hit with the bag that he didn't exactly try to defuse the situation.



    Maybe they were trapped on the train with nowhere to go after being unable to talk sense into a horde of drunk maniacs who were going to stomp them senseless. But I doubt it. Now go ahead and be the tough guy and say how you'd kick the ass of anyone who threw a bottle at you.

  • potsmoker

    if i had a kinfe against 7-8 guys you can be sure that 2-3 of them will be victims...



    remember the claims that the victims were peaceful peacemakers,,,hahha, i hope the woman is not a lie and she comes forward to defend the stabber.



    self defense is a right, i defend that right for any nazi guy who kills puppies and has pictures of himself squiching kittens to death on facebook, its all irrelevant when your being jumped by a pack of animals on the train.

  • Boogie Down

    "Who the hell throws a bag of trash onto the platform anyway?"



    New here?

  • GOP

    I realize ppl throw trash on the platform. But to throw trash from a train onto the platform while intending to stay on the train. That doesn't make sense. I'm not new here (to NY that is). You must be though.

  • Boogie Down

    "I'm not new here (to NY that is). You must be though."



    Please elaborate. You're the one who sounded pretty damned green by questioning the possibility of someone throwing trash from the train onto the platform. Get a clue.

  • dracula mountain

    Too bad both "gangs" didn't all end up in a big pile of dead bodies. We don't need assholes like this on the streets.

  • cxb

    I've been pitching NATURAL SELECTION programs for 20 friggin' years.



    EX: signs on the subways for dumb kids that read "Riding On TOP of subway cars is cool!"



    EX: signs in the projects that read "Riding on tops of elevators is cool!"



    And I'm not kidding about this last part: in my mayoral platform I had FREE ABORTIONS FOR ANYONE in it, so no poor person has to have a kid b/c they think they can't afford the cash for an abortion.



    (I also had FREE Spaying and Neutering of any pet for similar reasons.)



    The entire media (including Gothamist) insisted we should not discuss ANYTHING other than how much cash the candidates had raised and how many endorsements they had.



    ZERO DISCUSSION OF SOLUTIONS TO NYC'S PROBLEMS.



    Just like last year's bogus mayoral election.





    ARe you SURE Media isn't the root of all problems in our society?



    [author thinks we should have a discussion about this hot topic but Gothamist prefers talking about Clash of The Titans...]

  • Philosophical question: If you're even tangentially involved in in a double murder/triple stabbing, do you leave up the photographs of you holding a big machete?

  • fixer

    You know, a good criminal lawyer, which is what he needs because his account has some ring of truth to it, would argue that his lack of urgency in taking down the picture is evidence of lack of guilt. Think about it: he's got no criminal record, and he's just skirmished with some unruly people on the train who were harassing not only his group but others as well. It gets physical. He's defending himself. He carries protection based on the time of night. If you felt vindicated and had half a brain, any rush to start deleting things on your computer might later be perceived as covering up or destroying evidence. these things are trackable, particularly by a police looking to put two bodies in black ink. I've got to believe that his lack of a record, and the assailants' having records, must resonate in his favor with some police.

  • jaycjay

    "a good criminal lawyer, which is what he needs because his account has some ring of truth to it, would argue that his lack of urgency in taking down the picture is evidence of lack of guilt."



    And a halfway competent prosecutor would argue that leaving the picture in place is evidence of hubris and of what a cold-blooded killer he is. And even if it is the fact that he thought he had nothing to hide, that's not at all relevant to his prosecution. It would be indicative of nothing but that he doesn't understand the law.

  • fixer

    Wow, I have to say I treated as TACIT the benefits to the prosecution of having such a picture of their defendant. But hey you by all means go ahead and spell it out for anybody out there who doesn't already see how a prosecutor could use a picture of a defendant brazenly holding a machete who's accused of knifing two people to death. My point was that a good defense lawyer, if he cannot keep the picture out of evidence, will try to preemptively turn an OBVIOUS NEGATIVE into a positive, and might score a point or two.

  • Rocknrope

    Thinking about what pictures are on my own social media page, I hope I never find myself in a similar situation.

  • Shinobi Shaw

    Philosophical question? I think it's should be plain 'ol common sense that you don't!

  • Boogie Down

    Dominicans don't play.

  • Wza

    Yep.

    DDP

    Got the beads and all.

  • valeriob

    There seems to be a misunderstanding, I believe he is quoted as saying that he was just returning from the sugar cane field, hence the large machete.

  • Guest

    ...and the 'gun' sign on his right hand means that he could have finished the job a lot sooner if he had a machine gun to chop down the crops. and hence the smile.

  • Bernie Madoff-Goetz

    Nice batting glove, slugger.

  • MT

    He was 'returning from a baby shower' shortly before 5:00 a.m. with a large kitchen knife in his pocket? I've said it before and I'll say it again, what is up with these get togethers that in any normal world take place in someone's back yard or living room on a pleasant Sunday afternoon? Someone always dies at 5:00 in the morning after one of these 'child's birthday parties' or 'baby showers.' Does anyone else see a pattern here? I'm sure this 'baby shower' was full of 'good boys' and 'aspiring rappers.'

  • cxb

    WHY AREN'T ANY OF YOU HOLDING THE MAN WHO RUNS THE CITY RESPONSIBLE?



    Everyone says the mayor is responsible when crime goes "down" and everyone says the mayor is not responsible when crime happens or goes up???



    It was no less than MIKE BLOOMBERG who said the mayor CONTROLS the crime rate (thru media hoaxes like "broken windows" and "CompStat") so WHY NOT TRUST MAYOR BLOOMBAG'S OWN WORDS and hold him accountable?



    YOU DON'T BLAME TOXIC WASTE FOR POLLUTING THE RIVER.



    YOU BLAME WHOEVER PUT THE TOXIC WASTE THERE.

  • cxb

    WHAT WE KNOW FOR CERTAIN, IS THAT THE NYPD ALWAYS GET THE STORY WRONG, AS THEY ADMIT THEY HAVE ON OVER 4,000,000 OCCASIONS.



    (Hell, do you really think 113 innocent men got on Death Row "accidentally"??)



    Take EVERYTHING with a grain of salt.



    (cf my new single "My Sodium Intake Is Too High (B/c I Take Everything With TWO Grains Of Salt)")0

  • bashmentgirl

    Many cultures hold events such as baby showers and christenenig parties until the early hours of the morning. THIS IS NORMAL. Stabbing someone is abnormal (that means not normal if you do not know the definition of abnormal). Question: What do you mean when you use the phrase " in any normal world"?

  • tgg001

    "Many cultures hold events such as baby showers and christenenig parties until the early hours of the morning. THIS IS NORMAL."





    Haha! Yeah right. You funny.

  • "Innocent until proven guilty and all that...but I just want to try to stir up a moral panic for no good reason. I mean, I've never seen a 20 something kid pose with a sword like he's a bad ass. I mean-- you KNOW those LARP kids with claymore are BASICALLY murderers. I mean, I'm not saying they are I'm just saying, I saw a picture of them with a sword. That means that it wasn't self defense. Or wait."



    I don't know what went down, but I'll tell you what; from the little info we've gotten, both sides seem plausible. Yet out comes the commentors with their thinly veiled racist garbage (if they bother to veil it).

  • MT

    Perceive 'thinly veiled racist garbage' (I assume you are talking to me because you are linked to my comment) apparently speaks more about you than me here, mordicai. In the world I live in, race doesn't equal trash nor is one a symptom of the other. Maybe if you got your head out of your ass you wouldn't see racist plots everywhere. Some people, like me for example, are intelligent enough to look at a socio-economic factor as a whole rather than simply settle on a small subset. Anyone who thinks outside their little trust-funded hipster bubble and has looked past Williamsburg would know that this sort of thing happens everywhere in America whether you are black or white. Trash comes in every color. I assume even a myopic hysteric like yourself has seen Cops. Maybe next time you'll think of that before you throw out your tired race-baiting cliches.



    And in response to bashment girl, perhaps I misspoke. Maybe I should have said 'civilized' instead of 'normal.' Although in an ideal world wouldn't civility be the norm? besides, how is it 'normal' to have a celebration into the wee hours of the morning who's guest of honor is presumably under 1 year old? Obviously the star of show should have gone to bed about 8 or 9 hours prior. If you're out until 5 a.m. don't use a baby as your cover. Just admit you were out partying for your own good time.

  • Go on, no, you are on a roll, tell me more about my trust fund or about how not racist you are!

  • aspiringrapper

    A lot of innocent people carry knives with them, sure.

  • laisla

    Add me to the list too.

  • l3iodeez

    yo.

  • LB

    Not me, I got a sup'ed up stun gun in my purse ! Knives are go but a stun gun with enough juice to leave you smoking from the ears ! Priceless

  • xgeyiph772

    That's one hell of a kitchen knife he's got there!

  • Loulou

    I carry a knife its definitely not legal size and I will use it if I have to.

  • psquire

    Like any of you fools would know what to do with a knife.

  • Rocknrope

    Oh please sifu, educate us on the ways of the blade.

  • cxb

    I would always carry a steak knife on me when I'd bike over the Williamsburg Bridge, b/c so many of my friends were mugged on it, b/c, y'know, it's RIGHT NEXT TO THE 7TH PRECINCT!

  • Guest

    not me. all i got is a whole lot of love.



    *cough*, *cough*

  • Thespis

    Don't anymore. But certainly used to.

  • Welix

    Yup. Me too.

  • Check, add me to the list.

  • pastaboy12

    i do

  • Rocknrope

    Ditto.

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