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2 Boys Plead Not Guilty In Harlem Shopping Cart Toss

Lawmaker: Future NYC Railings To Be Raised To Prevent This Very Scenario

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Marion Hedges was critically injured after a shopping cart fell on her from a fourth-floor walkway (credit: CBS 2 | inset: handout)

Marion Hedges was critically injured after a shopping cart fell on her from a fourth-floor walkway (credit: CBS 2 | inset: handout)

NEW YORK (CBSNewYork) — Two 12-year-old boys that were arrested and charged with assault after allegedly using a shopping cart as a weapon pleaded not guilty on Friday.

The suspects are being charged as juveniles and face reckless endangerment and depraved indifference charges in addition to assault.

A tearful message was delivered Friday from Rosemary Rosario, the mother of one of two boys accused of injuring Marion Salmon Hedges by tossing a shopping cart from a fourth-floor walkway outside a Target store on Sunday in Harlem, while she was with her 14-year-old son, CBS 2′s Pablo Guzman reported.

“To the family that got affected, everybody, the three of us, their other kid, them. It’s a terrible thing and I hope she recuperates. I really, really, really feel for her and her children,” an emotional Rosario said, adding that her son was “really sorry.”

Hedges remains in critical condition at Harlem Hospital. Rosario and the other boy’s family left the courtroom in tears earlier because the pair was ordered back into custody by the judge.

Michael Hedges recently said his wife will require months of rehabilitation due to neurological damage.

Hedges’ family said it will use the tragedy to promote a good cause.  They told the New York Daily News they plan to create a foundation to aid wayward inner city youth.

Earlier this week, Michael Hedges said his family hopes the boys get help.

“They’re not adults. They’re children, and children who have been left on their own without supervision,” he told CBS 2′s Sean Hennessey in an exclusive interview.

Another talking point that has come for this tragic incident is the fact that the railing the shopping cart went over was just 3 ½-feet tall.

Councilman James Vacca told CBS 2′s Hennessey on Friday night that instead of private walkways having short railings on either side, future walkways should have 8-foot high fencing, the same height you see on any city- or state-owned walkway.

“The reality is we can’t sit here and do nothing,” Vacca said. “If a private developer does not want to make these structures safe by having fencing, then he’s not going to get a permit from the City of New York.”

Back at the East River Plaza, where the tragedy occurred, some said bigger is better – and safer, too.

“Anybody could come and throw something off,” said Sonya Knight of Brooklyn.

“You’re not going to pick it up and throw it over an 8-foot fence,” added Bill Miles of Brooklyn.

But others said raising the railing is a knee-jerk reaction.

“I think there should be more security,” said Justine Malice of the Upper East Side.

“I think 8 feet is a little overkill,” added Danielle Cruz of East Harlem.

However, Vacca said 8 feet would have made a difference in the life of Marion Hedges.

“If this fencing was up two weeks ago, this could not have happened,” Vacca said.

Councilman Vacca hopes to have hearings on the idea by the end of the year.

Share your thoughts on this story in the comments section below…

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  • Justin

    Hey Andre:2011: Please, don’t start by blaming the carts. That’s the wrong approach. Next thing you’ll blame are heavy text school books. So, just stop.

  • Andre 2011

    Those Carts they make are REALLY heavy !
    Anyone ever had a cart driven into your Achilles Heel ?
    ~ That just HURTS so bad ! Especially when you do this and you don’t know the person you just hit !
    I think these carts should be Lighter and A LOT safer for other Customers in the store you are in !

  • W.R. Jennings

    Growing up in the 1950′s at one of the worst NYC Housing projects we
    were a bad group of kids at ages 12-14 ,however awful we were ,we did
    not even think to hurt someone such as this by throwing something heavy
    down where people walk to see wha would happen ,kind of crazy!!

  • Janet

    They should be charging the parents as well when minors under 16 yrs old are running around unsupervised. These kids knew exactly what they were doing. We all have been 12 yrs old at one time and knew not to do crazy stuff like this where someone can be seriously hurt or killed. We only did stupid things where we were the ones who could get hurt or killed. I think they should go to a boot camp type juvie center. The parents should be charged with neglect and held liable($$) for medical bills. If they can’t pay, then go to jail. I bet you that parents will do their job if they were the ones that had to pay for their kids crimes.
    I feel terrible for the victim and her family. What about her kid who witnessed this tragedy. Who’s going to help him…

  • Justin

    Whatever justice these orangutangs get, I’d bet my house they will be back in jail for something else. I have a solution for ALL adolescents who commit violent or serious crimes: Make them watch the first 30 minutes of “Fulll Metal Jacket” and force them into the army when they reach 18 years of age.

  • George

    HAELEM. GO FIGURE.

    • Huh

      Shut up George

  • Calvin

    I am a LIBERAL & I say throw the book at these two rats!

    This HAS NOTHING TO DO WITH POLITICS!

    LIBERAL NYC LAWYER

    • Very conservative

      Yeah, sure. Unless you can make a few dollars defending them.

  • Calvin

    Parents SHOULD do JAIL Time for Raising such trash! I am a parent and put up with all sorts of crap from my two VERY active & mischievous boys. They blow things up,set things on fire & get in big trouble frequently. HOWEVER, BODILY INJURING AN ADULT FEMALE & MOTHER ON PURPOSE!!!??? THE WITNESS ACCOUNT FROM THAT PARKING LOT SAID THEY WERE “SNICKERING” KNOWING FULL WELL THEY WOULD INJURE THAT WOMAN. These two criminals should be PROSECUTED (because of willful intent)and have the BOOK thrown at them. Moreover, these parents have raised criminals & pleading not guilty is Shameful!!! They should have at LEAST ADMITTED THEIR WRONG!!! Then maybe our community here in NYC would have some sympathy! BAD LEGAL ADVISE! They could’ve reduce their punishment with a guilty plea and the REAL CRIMINALS (THEIR PARENTS) should know better than to have begged sympathy! That is Whack! Can’t EVEN OWN UP? we’re all doomed with trash like this running around. Signed: a GOOD NYC ATTORNEY

    • single mom of two

      You say their parents should do jail time. Then you say your boys blow things up, set fires and get in big trouble frequently. Yet, you do not seem to be in jail, why? Seems to me this is a case of “do as I say, not as I do” Maybe a little jail time for your boys would be helpful. I raised a mischievous boy and when he got in trouble with the law, I let him do some jail time. Now he is married, has a great job, owns a home and has his own son. To all parents of mischievous children “quit coddling them and let them feel the consequences of their actions. It may do them some good.

  • Liberals are Evil

    These two maggots should be thrown in jail and left there to rot. The sad part is that will not happen. They will eventually become a burden to society, which they are already. Shame on the parents of these two miserable lowlife punks. They did a horrible job in raising this human excrement!

  • Sick of It

    Let’s use the Hedges’ family generous offer for funding for a spay and neuter clinic – if they can’t reproduce, they can’t continue to hurt us, drain resources and ruin everyone’s quality of life.

    • George

      AMEN!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    • Huh

      Too bad that spay and neuter clinic wasn’t around for your parents to take advantage of…

  • littledevil

    The parents of these two sewer rats should be locked up with them. No sympathy for them just because they are “children” – they are future monsters.

  • Ann

    Great!!!!! 2 more wolves are going to live amongst us sheeps for the rest of their life and there is nothing we can do.

  • Send them to JAIL

    Toss these wild animals in jail for at least a year. This is a malicious crime and not some bad prank gone wrong. Target is a BUSY store and when you push something into a busy area, what do you expect to happen? Premeditated crime! If my kid did this, I put him in jail myself and not just some time out corner.

  • karen s

    agree that the 2 perpetrators of this crime should really be accountable. community service will not suffice. the interview with the single mother of 1 of the suspects, crying, saying “i need help.” does not really touch my heart. their continued incarceration needs to be in a boot camp type environment, where there will be discipline and basic education. the parents also need to undergo some kind of mandatory re-training. 2 side notes: 1) the store/shopping center where the incident took place also deserves to face civil penalties. no barriers up on walkways – invites jumpers and regrettably tossing shopping carts. 2) please leave the victim’s family alone. they face a long and difficult road. they need all their strength to focus on her, and themselves, no answering media questions.good thoughts & prayers to ms hedges & her family.

  • Mass Transit

    These creatures can be rehabilitated only in the minds of hopeless liberals. Do both society AND these feral animals a favor–put them out of their misery. They are guaranteed to pull stunts like this (and worse) again. Sorry to say

  • http://brendatobias.wordpress.com brendatobias

    12 is not 2! Unless there is some serious impairment, they knew exactly what they were doing. Serious time and serious counseling might result in responsible adult members of society. http://www.HereSheIsBoys.com

  • Vik

    Pleading not guilty??!! Arrogant, cold-hearted, low life p.o.s.’s! Both of you stupid punks should rot!!!

  • George

    There’s hundreds of kids just like these that do heinous stunts, while the parents are either not around or don’t care. Lessons need to be learned from tragic events like this, but the fact that they’re pleading not guilty just perpetuates the disappointment.

  • Thomas Mclaughlin

    Send them all back to the Island they came from than put a fence around it,they don`t know how to act,never did very crude people all they ever did here is create more slums worse that the ones they left !! give them hard time than back to the cesspool they came from!!

    • Huh

      How do you know they came from an island? What are you implying here??

      • joey from B’hurst

        The island of Hispaniola. They are Dominican, are they not?

        • Kim Bailey

          Liberals give Trillions of dollars to Africa Haiti and Detroit. They care only for Knee Grows. All jobs for them savages. Never vote for a liberal of else they will create more of these savage animals from Africa.
          Dominicans are mostly Black. stay away from them ni66ers.

          ****Blacks are NOT Human but wild african beasts****

    • Ann

      You mean Hawaii or Long Island or Key West or Galvaeton?

  • thetruth

    again why say parents, its just the mother. dad? noooooo…..

  • yousandi

    God bless the family and I hope this woman recover 100%. The foundation for City Youth they are setting up speaks volume.

    • George

      AMEN !!

  • Linda

    Give them community service in a jail.

  • Joebh

    These animals should rot in prison for life. They are certain to become criminals as adults. The leader is well known within his apartment complex as a troublemaker and a thug already at age 12. This poor woman and her family will never be the same again thanks to these pieces of human excrement.

  • Ethan Kavet

    Somehow I see a few hours of community service in their future.

  • EMC

    That is quite noble, however, the family should pressure the prosecutor to see that these hoodlums are punished to the maximum extent of the law.
    The parents of these boys should also be accountable for their children’s behavior.

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