Press Release

Queens District Attorney Melinda Katz announced that Justin Aguilera was arraigned today on charges of gang assault, riot and other related charges for attacking a Malba man and his wife after the victims told the defendant and a group of others to disperse from in front of their property. The incident took place during a chaotic and illegal car meetup that occurred in the quiet neighborhood after midnight on November 23.

District Attorney Katz said: “Our streets are shared spaces and they are never racetracks. My office will not allow illegal takeovers of our neighborhoods. This violent incident has outraged our city. 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. 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. I thank our police partners for apprehending this defendant as we continue to look for all others involved.”

Aguilera, 19, of Cornaga Avenue in Far Rockaway, was arraigned today on a criminal complaint charging him with gang assault in the first degree, assault in the first degree, gang assault in the second degree, two counts of assault in the second degree, assault in the third degree, riot in the second degree and trespass. Queens Criminal Court Judge Glenda Hernandez ordered the defendant to return to court on December 10. If convicted of the top charge, Aguilera faces up to 25 years in prison.

District Attorney Katz said that, according to the charges and investigation, at approximately 12:40 a.m. on November 23, a homeowner heard a loud commotion outside his home on 11^th Avenue in Malba and observed multiple motor vehicles spinning their tires and creating smoke in front of the corner property.

The man went on his lawn, while holding a baseball bat, and asked the 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 individual threatened to kill the man by saying, “I’ll pop you. I’ll put you six feet under. You’re not hard.”

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. A group of at least six to seven individuals, including the defendant, 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 individuals away from her husband when the defendant allegedly punched her in the mouth.

The victim was taken to a local 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.

The defendant and the unapprehended individuals fled the area.

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, and wore distinctive white, black and silver-colored sneakers. This clothing allegedly matched 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 November 23.

After an extensive review of video surveillance from the scene of the assault, the defendant was identified as one of the individuals who attacked the homeowner.

Aguilera was apprehended in Far Rockaway yesterday afternoon by members of the NYPD.

Assistant District Attorneys Dylan Nesturrick and Hugh McCann, of the District Attorney’s Career Criminal and Major Crimes Bureau, are prosecuting the case under the supervision of Assistant District Attorney Michael Whitney, Bureau Chief, Roni C. Piplani and Timothy Regan, Deputy Bureau Chiefs, and under the overall supervision of Executive Assistant District Attorney for Major Crimes Shawn Clark.