D.A. Bragg Announces Indictment Of Men For Deadly Shooting At Tompkins Square Park

Manhattan District Attorney Alvin L. Bragg, Jr., today announced the indictment of RAFAEL MACIAS, 63, and ANGEL SARDINA, 63, for shooting and killing 74-year-old Fermin Brito and shooting a 44-year-old man in Tompkins Square Park in July 2024. Both defendants are charged in a New York State Supreme Court indictment with one count each of Murder in the Second Degree, Attempted Murder in the Second Degree and Assault in the First Degree. They are additionally charged with two counts each of Criminal Possession of a Weapon in the Second Degree. [1] Both defendants were arraigned in Supreme Court on September 11, 2024.

"As alleged, Angel Sardina and Rafael Macias coordinated a vicious and deadly shooting, which seriously injured one victim and tragically ended Fermin Brito's life," said District Attorney Bragg. "Our city's parks should be safe spaces for all Manhattanites, and we will hold those accountable who endanger them with gun violence and illegal conduct. My thoughts are with Mr. Brito's family as they continue grieving his loss and I wish the other victim a speedy recovery."

According to court documents and statements made on the record in court, on July 12, 2024, in the hours leading up to the shooting, SARDINA and MACIAS were in constant communication, speaking in-person and over the phone, to plan the shooting. At approximately 8:25 a.m., SARDINA scouted out the park, looking and waiting for Mr. Brito and the other man. At approximately 9:50 a.m., after spotting the two victims, MACIAS pointed at them to SARDINA. SARDINA approached the victims and fired multiple shots towards them, striking Mr. Brito and the other man. Mr. Brito was struck in the torso, wounding his upper back. He was pronounced dead at the hospital. The other man was struck four times, including in his back and the left armpit and bicep. Attempting to run away, he entered a nearby deli, near St. Marks Place and Avenue A, where he collapsed.

A few minutes later, SARDINA and MACIAS fled the scene, heading towards Stuyvesant Town. As they fled, they changed their clothing and accessories that they were seen wearing during the shooting.

Both defendants were arrested on July 25, 2024.

Assistant D.A.s Shilpa Kalra and Brielle Oshinsky are handling the prosecution of this case, under the supervision of Assistant D.A. Erin Tierney (Chief of Trial Bureau 30) and Executive D.A. Lisa DelPizzo (Chief of the Trial Division). Trial Preparation Assistants Isabella Bosrock and Louise Wang (Trial Bureau 30), and Investigative Analyst Brandon McDuffie (Trial Bureau 30) are providing valuable assistance.

D.A. Bragg thanked the NYPD, particularly Detective Harrison Graff, of the 9th Precinct Detective Squad and Detective Kevin Carrig of Manhattan Homicide South.

Defendant Information:

RAFAEL MACIAS

Bronx, NY

Charged:

• Murder in the Second Degree, a class A-I felony, one count
• Attempted Murder in the Second Degree, a class B felony, one count
• Assault in the First Degree, a class B felony, one count
• Criminal Possession of a Weapon in the Second Degree, a class C felony, two counts

ANGEL SARDINA

New York, NY

Charged:

• Murder in the Second Degree, a class A-I felony, one count
• Attempted Murder in the Second Degree, a class B felony, one count
• Assault in the First Degree, a class B felony, one count
• Criminal Possession of a Weapon in the Second Degree, a class C felony, two counts

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[1] The charges contained in the indictment are merely allegations and the defendant is presumed innocent unless and until proven guilty. All factual recitations are derived from documents filed in court and statements made on the record in court