Elijah Mitchell, a 23-year-old Queens resident, was recently apprehended and accused of committing a fatal hate crime against a Venezuelan immigrant. According to reports, the incident began several days prior to the violent encounter between Elijah and the victim, Arturo Jose Rodriguez Marcano.

Elijah was employed as a temporary Parks Department worker. As part of his work duties, he was in charge of keeping up with Steuben Playground in Brooklyn. On July 18th, Elijah was patrolling the park when he came across Marcano. It was obvious from the conditions of the park and Marcano that he had been living, sleeping, and camping in the area. A nearby tent revealed several other migrants were staying with Marcano. Elijah and Marcano got into a verbal altercation, and Elijah reportedly flashed a firearm at the suspect before telling him he needed to leave.

Marcano had allegedly been living in the playground area for about two months at the time of the altercation after fleeing Venezuela. Three days later, Elijah returned to the playground and saw the group of migrants still living in the same spot. He allegedly shot the victim in the chest.

After the attack, Elijah was arrested and charged with second-degree murder as a hate crime, second-degree murder, criminal possession of a weapon, and menacing as a hate crime. He was fired from his position with the park. The District Attorney, Eric Gonzalez, stated in the suspect’s indictment that the killing was both premeditated and fueled by animosity towards Venezuelan immigrants. Elijah, on the other hand, denies any involvement in the crime and has been adamant that he doesn’t have any issue with migrants in the area.

When Anger and Hatred Turn Violent

Confrontations between city workers and homeless migrants have been increasing not only in Brooklyn but across the nation. Unfortunately, city workers carry much of the weight of the responsibility of managing these individuals. Keep in mind, though, that in New York, it is a crime for homeless individuals to establish an encampment on public property, like a park.

Under this law, a tent, tarp, or camping setup would be considered an illegal encampment. Any citizen who encounters one of these illegal encampments in a park, highway, or sidewalk should report it. Officers should inspect the location and refer their findings to the Department of Homeless Services. From there, the city will work towards clearing and cleaning the encampment.

If you notice an encampment, then do your best to avoid getting angry or attempting to handle the situation on your own. If you do wind up getting into an altercation or a violent scuffle, then you could face criminal charges. Luckily, our team here at the Bukh Law Firm can help you navigate any criminal allegations you face.

Schedule a call with our office now to learn more about how we can help you face your charges and come up with a solid defense strategy.