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One of Marcelo Lucero’s Attackers Pleads Guilty

Posted November 5, 2009 by Patrick Young, Esq.

One of the teenagers charged in connection with the killing of Marcelo Lucero has pled guilty to four felonies. Sumathi Reddy of Newsday reports that Nicholas Hausch pleaded guilty “to four felony charges, including first-degree gang assault, for his participation in the killing of Lucero in Patchogue last year. He also pleaded guilty to fourth-degree conspiracy, second-degree assault as a hate crime and second-degree attempted assault as a hate crime.”
Hausch is believed to be the only one of the seven attackers who was not involved in assaults on Latinos by the group beginning in 2007, although he did attack other Latinos on the day of the murder. He was also the only alleged attacker out on bail.
Here is how Newsday described the courtroom scene today:
In a barely audible voice, Hausch answered a prosecutor’s questions about the events that led to the slaying, admitting that he and his six co-defendants set out to search for Latinos to attack.
“Keep your voice up, young man,” the judge said to Hausch twice during the teen’s admissions.
Responding to questions from Assistant District Attorney Meghan O’Donnell, Hausch detailed three attacks he was involved in on Nov. 8, including the Lucero killing.
Before coming across Lucero, Hausch said the group pursued another man. “I got out of the car and I chased him. We were yelling at him,” calling him a derogatory name, he said.
Authorities say the group surrounded Lucero, 37, and a companion at about 11:50 p.m. near the Long Island Rail Road Station, shouting and pummeling him before he was knocked to the ground. They say Jeffrey Conroy, of Medford, fatally stabbed him. Conroy faces murder and manslaughter charges as a hate crime.
Hausch said as the group left, he told Conroy to throw the knife away. Conroy said, “No, I washed it in a puddle,” according to Hausch.
While they were leaving, Hausch told the group, ‘We’re not getting away with it,’” he told prosecutors.
Halfway through Hausch’s plea, Lucero’s brother and sister walked into the courtroom. Joselo Lucero, 35, of Patchogue and Isabel Lucero, 32, had just arrived from Ecuador for the anniversary of the death.
After the plea, Joselo Lucero said, “What I see is a really successful step right now.”
Hausch’s attorney, Jason Bassett of Central Islip, said he is hopeful that authorities will take into account Hausch’s cooperation when he is sentenced.
“Nick, from day one, at least with me, has always accepted responsibility. Nick has really grown up a lot ... He realizes how misguided some of his ideas were.”
Bassett added, “Unfortunately, this is a problem that was widespread and unfortunately, he was part of it.”
Hausch is the only one of the seven suspects to plead guilty in the killing, which authorities say was the culmination of a yearlong crime spree against Latinos in the Patchogue area….
Hausch faces a minimum of 5 years in prison and will not be sentenced until the prosecution of the other six defendants is completed.
As part of his plea, Hausch agreed to continue to cooperate with authorities, which includes possibly testifying at the trial of his co-defendants.
Defense attorneys for the other six defendants have not indicated that they are in plea negotiations.
The Lucero killing and hate crime charges sparked an outcry in Suffolk County and across the state and country, sparking a federal civil investigation into Suffolk police policies and procedures and how they’ve handled attacks against Latinos, as well as monitoring of bias crimes against Latinos in Suffolk.
The anniversary of Lucero’s killing is being marked this weekend, including with a vigil Saturday evening at 6 p.m. at the site where he was killed.
Here are the crimes Hausch pled guilty to, their classifications, and the sentences each carry with them:
Gang assault in the First Degree is a Class B Felony carrying a sentence of 5-25 years
Fourth-degree conspiracy E Felony carrying a sentance of 1 1/2 to 4 years
Second-degree assault as a hate crime C Felony 3 1/2 to 15 years
Second-degree attempted assault as a hate crime D Felony 2 to 7 years
The sentences would likely run concurrently.