Indictment upgrades accusation to murder for 1 of 7 high school students arrested in hate-crime killing

Seven teenage friends had singled out a Hispanic man for a beating, but one among them - Jeffrey Conroy - was intent on killing when he stuck a knife into the man's chest, Suffolk prosecutors said after an indictment boosting his charges from manslaughter to murder was unsealed in Riverhead yesterday.

All seven Patchogue-Medford High School students charged in the fatal attack on Marcelo Lucero, 37, now face new hate crime and conspiracy counts. They were charged with conspiring to attack Lucero and what prosecutors said was an unsuccessful attempt to surround and pummel another Hispanic man, Hector Sierra, earlier on Nov. 8. 

The seven were charged with second-degree attempted assault as a hate crime and second-degree attempted gang assault for accosting Lucero's companion, Angel Loja, and Sierra. Two of the teenagers also face assault charges as a hate crime for shooting another Hispanic man, Marlon Garcia, prosecutors said.

Conroy, 17, of Medford, will be arraigned Monday on a charge of second-degree murder as a hate crime - the first time on Long Island someone has faced such a charge - along with the original charge of first-degree manslaughter as a hate crime. The indictments came the same day funeral services where being held for Lucero in Ecuador.

Several hours after nearly 600 mourners packed the church for Lucero's funeral, his mother, Rosario, said the latest indictments were nothing to celebrate but the charges are "well deserved. They need to understand the pain they have caused us."

Conroy's arraignment was postponed because his lawyer, William Keahon, of Islandia, was out of state.

Reached by phone yesterday, Keahon said his client was innocent and he lashed out at county officials who he said had unfairly and publicly condemned his client in recent days. In particular, Keahon criticized County Executive Steve Levy, a Democrat known for his tough stance against illegal immigration.

"I find it outrageous that a man with a law degree holding the position of county executive can, from day one, brand my client a racist white supremacist without any personal knowledge of the proof in this case," Keahon said. "The only proof of racism and white supremacism are the words and deeds of Mr. Levy, who for the past three years has very clearly spoken and acted as a racist."

Levy responded in a statement, saying, "It is reprehensible for anyone to suggest that individuals opposed to illegal immigration are necessarily intolerant or culpable in this outrageous act of hate."

Although Levy noted the suspects are presumed innocent, he added, "I think it is fair to say that an individual who tattoos a swastika on his body can be classified as a white supremacist," referring to police reports of a tattoo on Conroy's leg.

Outside court, Suffolk District Attorney Thomas Spota said the seven charged in the attack admitted they regularly beat Hispanics for fun. He said one of the accused attackers, Anthony Hartford, 17, of Medford, told police "I don't go out doing this very often, maybe once a week."

"That statement provides a true window into the mind-set of these defendants," Spota said. "To them, it was a sport."

Hartford's lawyer, Laurence Silverman, of Huntington, said in court that "words have been put in his mouth."

Silverman told Suffolk County Court Judge C. Randall Hinrichs that his client has Hispanic ancestors and "absolutely denies that he is a bigot."

Also facing new charges along with Conroy and Hartford were: Jordan Dasch, 17, of Medford; Nicholas Hausch, 17, of Medford; Jose Pacheco, 17, of East Patchogue; Kevin Shea, 17, of Medford; and Christopher Overton, 16, of East Patchogue.

Hausch and Dasch also were each charged with another count of second-degree assault as a hate crime after they attacked Garcia in front of his home with a BB gun about 5 a.m. that day, prosecutors said. Garcia escaped harm.

Dasch's lawyer, Jason Bassett, of Central Islip, denied the charge. "I think the district attorney's office is taking a bunch of unsolved bias crimes from that area that involved teenagers and they're just throwing it at these kids," he said.

Hinrichs set bail for all suspects but Overton at $250,000 cash or $500,000 bond.

He ordered Overton held without bail.

Staff writers Kathleen Kerr, Patrick Whittle, Reid Epstein and Bart Jones in Ecuador contributed to this story.