NEW YORK (1010 WINS/WCBS 880) – A former New York City parks seasonal worker has been indicted for murder as a hate crime after allegedly fatally shooting a Venezuelan migrant who was sleeping in a city park, prosecutors announced on Wednesday.
Elijah Mitchell, 23, of Queens, has been charged with second-degree murder as a hate crime, second-degree murder, second-degree criminal possession of a weapon, second-degree menacing as a hate crime, and second-degree menacing.
“This defendant allegedly came to the location where the victim was staying, armed with a gun, to settle a score,” Brooklyn District Attorney Eric Gonzalez said. “This premeditated and coldblooded homicide is outrageous on many levels, not least because the alleged motive was hatred towards new arrivals to our city. My office will vigorously prosecute this horrific case, and these enhanced charges send a strong message that hate crimes will never be tolerated in Brooklyn.”
According to court documents, on July 21, Mitchell allegedly shot the victim, Arturo Jose Rodriguez Marcano, 30, once in the chest, killing him inside Steuben Playground in Bedford-Stuyvesant, Brooklyn.
Mitchell was then allegedly seen running out of the small park, entering a blue sedan he allegedly owns, and driving away, prosecutors said.
Marcano had been living in a tent inside the park along with other migrants. Mitchell, a temporary City Parks employee, had been cleaning the playground during daytime hours.
Three days before the shooting, the two allegedly got into a dispute. Mitchell, who was there for his shift, started yelling and ripping off tarps—allegedly because he was angry that Marcano and other migrants were staying in the park. He confronted Marcano, leading to a loud argument, prosecutors said.
Mitchell then allegedly went to a vehicle, returned, and lifted his shirt to show a gun in his waistband. He was then pulled away by other park employees.
Mitchell allegedly returned while off duty on the night of the murder and shot Marcano. The victim was taken to Methodist Hospital, where he was pronounced dead about 30 minutes later.
“No New Yorker, no matter when they arrived here, should have to fear that violence will be committed against them because of their identity,” Murad Awawdeh, President and CEO of the New York Immigration Coalition, said in a statement. “Arturo Jose Rodriguez-Marcano’s death is a tragedy. To learn that his killing may have been motivated by bias against asylum seekers is shocking, but we will wait to learn more details of this case that come out throughout the trial.”
Bail was set at $350,000 cash or $2.5 million bond, and Mitchell was ordered to return to court on October 23, 2024. He faces a maximum sentence of 25 years to life in prison.
“This horrible incident should be a clear reminder to all elected officials in New York that spewing anti-immigrant rhetoric can have life or death consequences for our neighbors when that rhetoric turns into violent actions,” Awawdeh said. “We look forward to a more compassionate conversation around how to integrate our newest neighbors into our city, and an end to the public scapegoating of our communities.”
Despite concerns among police and the public about asylum seeker crime, the data does not support that there has been a “migrant crime wave.”