Homeless man falls asleep as he's sentenced to 50 years for stabbing 6-year-old Brooklyn boy to death - MRCAESAR.COM


Tuesday, 22 May 2018

Homeless man falls asleep as he's sentenced to 50 years for stabbing 6-year-old Brooklyn boy to death

Daniel St. Hubert, the Brooklyn man convicted of stabbing two children, will serve up to 50 years to life in prison for his crime,.
A homeless man convicted of butchering two children in a deadly housing complex elevator attack fell asleep at his sentencing Tuesday — then launched into a rambling diatribe that did nothing to discourage a judge from slapping him with 50 years to life in jail.
But even that was hardly enough for the family of the slain 6-year-old boy, still grieving from the 2014 gruesome attack.
"I want to kill him, f---ing bastard," a relative hissed at convicted killer Daniel St. Hubert before he nodded off to sleep.
"Hope you rot in hell."
St. Hubert, 31, then compounded the heartache by continuing to protest his innocence despite strong DNA evidence that convinced the jury that he was behind the East New York housing elevator attack that killed young P.J. Avitto and left his 7-year-old playmate, Mikayla Capers, clinging to life.
"I've been saying from the beginning I'm innocent," St. Hubert told Judge Vincent Del Giudice. "Can you look me in the face, your honor, and see I'm a good guy?"
But Del Giudice was unmoved, sentencing St. Hubert to 50 years in jail following last month's conviction on second-degree murder and second-degree attempted murder charges.
Del Giudice hit St. Hubert with the maximum sentence after hearing several impact statements, including one from the young victim.
"I try not to remember that day, but every day I look at these stab wounds all over my body and I know they'll be there for the rest of my life," Mikayla told the quiet courtroom.
Daniel St. Hubert, 31, falls asleep as his defense attorney Jonathan Rosenberg, looks on at State Supreme Court in Brooklyn today. (Jesse Ward/for New York Daily News)
Mikayla, wearing a coral dress with white stockings and black ballerina flat shoes, spoke strongly, even as she innocently mispronounced the judge's name.
The girl was 7 years old when St. Hubert followed her and P.J. into the elevator of 845 Schenck Ave. The children had taken a break from playing tag, and were on their way to P.J.'s sixth-floor apartment for Italian ices.
They were laughing and playing when a lumbering St. Hubert got on the tiny elevator. Prosecutors said he pulled out a 9-inch steak knife and went after the kids, stabbing Mikayla 16 times and P.J. 11 times.
Moments later, Mikayla crawled from the bloody elevator, screaming about what happened to her and the friend she loved like family.
P.J. Avitto (pictured) was killed by Daniel St. Hubert. (Handout)
"Someone stabbed me," she cried. "A man stabbed me and my cousin."
The children were rushed to Brookdale Hospital. Mikayla's lung collapsed. P.J. died.
Mikayla, now 11, spent nine days in the hospital recovering.
St. Hubert, 31, was seen fleeing the building and falling into a grassy area where police later found the murder weapon. Prosecutors said DNA on the handle matched St. Hubert.
Mikayla Capers, 11, who spent nine days recovering in the hospital following the stabbing, reads her impact statement in court today. (Jesse Ward/for New York Daily News)
"This defendant committed an unspeakable crime when he attacked two defenseless young children for no reason," Brooklyn DA Eric Gonzalez said in a statement.
"I know that P.J.'s loved ones will never be consoled and that Mikayla, whose courageous testimony helped to obtain this conviction, will forever carry this tragedy with her. But I hope that they will find some solace by knowing that justice was done."
St. Hubert, who his family says suffers from mental illness, served time in prison for attempting to kill his mother inside her Queens home.
Upon his release, he received no psychiatric assistance despite city doctors labeling him "severely and persistently mentally ill" in 2009, his sister Judith Perry, said.
Aricka McClinton, mother of P.J. Avitto, gives her victim impact statement during the sentencing hearing today. (Jesse Ward/for New York Daily News)
The sentencing was filled with raw emotions on both sides.
Before defense lawyer Howard Greenberg made a motion to set aside the verdict, he turned to Assistant District Attorney Patrick O'Connor and said: "If the defendant does go to hell, he'll see you there, sir."
O'Connor, meanwhile, said he was insulted at the defense notion that prosecutors used racially-charged language in describing St. Hubert as a "hulking black man."
St. Hubert's other lawyer, Jonathan Rosenberg, even went so far as to describe the Hulk character from the movies and Marvel comic books.
Through it all, P.J.'s mom, Aricka McClinton, still blames herself.
"I'm so sorry every day for not being there to save these kids," she said. "Lord knows what I would do to get that day back."
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