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AGO re-files murder charge vs Palma
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Posted on Sep 21 2004
The Attorney General’s Office elevated back to second-degree murder the charge it filed against suspect Edgardo Palma after failing to reach a plea agreement with him yesterday in connection with the death of hotel painter Luciano Ortiz.
Further, the AGO added voluntary manslaughter charge against Palma in its first amended information filed in Superior Court yesterday.
Earlier this month, the AGO and the Public Defenders Office agreed before Associate judge Kenneth Govendo to dismiss without prejudice the second-degree murder charge against Palma provided that a non-trial agreement is reached on or before Sept. 21.
The prosecution, represented then by assistant attorney general Phil Tydingco, had also agreed to change the second-degree charge into a voluntary manslaughter, which has a lower maximum sentence of 10 years.
This came after defendant Palma, through assistant public defender Jennifer Ahnsted, offered to waive his right to preliminary hearing on the second-degree charge.
As of yesterday, the Public Defender had not acted on the proposed plea agreement, the prosecution said. This means that the court will proceed with the preliminary hearing on the second-degree murder charge this Friday morning.
Palma, authorities said, still has the right to challenge the other criminal charges: assault and battery, aggravated assault and battery, and disturbing the peace.
In yesterday’s information, the AGO added the voluntary manslaughter charge against Palma for the alleged killing of Ortiz “in a sudden quarrel or heat of passion caused by unreasonable provocation.”
Ortiz, who was allegedly mauled by Palma in a parking lot, died in the early hours of Aug. 18 while undergoing treatment at the Commonwealth Health Center. Ortiz had been hooked to a life support system from the time he was brought to CHC on Aug. 13.
