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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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  • Truth Hurts You

    Kim if you live with blacks you will see “YOU ARE TOTALLY RIGHT!” I lived in white, latin, asian neighborhoods. The worst @#% was the black one. Sorry but it’s true. I will never move to one again. TOTALLY ANIMALS PERIOD!

  • Kirk

    This is why Latinas should not sleep with black men. You get ghetto garbage.

    • Don Corzine

      There’s a famous civil war story that goes something like, ‘A very old white man looks at a young Black Man, and says to him, “Boy, yeah, Lincoln’s dead, but still, you ain’t a slave no more.” Once these words were uttered, it was the end of civilization as we now now it.

    • Kirk

      They copulate? A better description is rape.

    • keith baz

      By the way would you please tell the latinos who are grabing women in the news in nyc to stop it

      • Kirk

        Yes. Immigrants=semi American. What do you expect from foreigners who come from countries where women have no rights.

    • MIKE

      HEY KIM…I WISH HITLER WAS HER TO DEAL WITH YOU!

  • Crime Watch

    Rosemary Rosario….Sorry doesn’t cut it. How about watching and raising your BRAT properly in the first place. People who don’t have common sense to raise children shouldn’t have one in the first place.

  • joey from B’hurst

    TARGET should have posted a yellow diamond shaped traffic sign with a silhouette of a falling shopping cart, to warn shoppers.

  • DOUBLE_CHINNED_PUPPETEER

    Hey Vacca, the problem is NOT that the railing is only 3.5 feet tall. What kind of imbecile are you Vacca?

    • Crime Watch

      Vecca is really Rosemary Rosario the imbecile.

  • keith baze

    And to kim bailey the number a latinos being locked up in jail is surpassing that of blacks and I would like to see how you would act being followed by some spics at night on a dark street

  • keith baz

    Let not forget history white divels have kill more people in this world than any other race in history just open a book

    • joey from B’hurst

      @Keith Baz Not True, White people only starting ruling the world for the last 600 years; Caucasians were constantly defending themselves against Asian, and African Tribes. Why do you think they were forced to move to colder climates.

      • Roman

        What happened to the Roman Empire 2,000 years ago? You miss that part of the class?

      • KEkeith baze

        ANSWER FOR THAT JUST STAY OUT OF OTHER PEOPLES COUNTRIES AND STOP KILLING THEM

  • bobby

    i HOPE THESE LITTLE CRACK HEAD BABIES ROT IN JAIL ….

  • Dashark

    BLACK TERRORISM IS ALL OVER THE COUNTRY!
    “Black gangs roaming downtown Denver often vented their hatred for white victims before assaulting and robbing them during a four-month crime wave, according to interviews and court records obtained by 7NEWS.”

    • Truth Hurts You

      Of all the neighborhoods that I lived in, Black, White, Latin, Asian, the blacks were the most racist. They think they have the right to be racist but don’t like when it’s done back to them. If you live in a black neigborhood and you are not black they will try to mess with you.

  • Karen B.

    To kim bailey and all others who are making derogatory comments against black people go and speak your mind on a harlem street corner instead of hiding behind computers. All of you are so racist against Black people you didnt stop to realize that the kids were hispanic. Get educated and stop contributing to the hate of the world.

    • joey from B’hurst

      The kids are Hispanic, that is their ethnicity. Their race is black.

  • mo

    Councilman James Vacca has it all wrong! He is concerned that the ~ 40″ high railing was not enough high enough to stop the two boys from throwing a lethal weapon over the railing. Councilman Vacca, should be concerned that the two 12 yr olds were not being supervised by their mother. You can’t legislate good parenting! You can’t legislate common sense. You can’t legislate a good home life.
    But, Councilman Vacca, can make sure that these two boys are locked up until their 18 yrs old and then only released when they are no longer a threat to society. The onus is not on designer of the railing, not on the contractor who installed the railing, and not on Target Shopping center.
    The blame is on the parents of the two kids, and the two kids themselves who picked up a ~ 25 pound shopping cart and intentionally throwing it over a ~ 40” railing on top of his women’s head.

    • Jay

      James Vacca is an idiot, instead of putting the blame on unsupervised monster children, you blame a fence? Most human being’s with half a brain wouldn’t push a cart over a guard rail. These aren’t normal kids, They are MONSTERS and the parents should be sent to jail also. It doesn’t take much to have kids, BUT it takes alot to raise kids.

  • moco max

    I saw them and they are Knee grows.
    Black terrorist parasites

  • DFaye Walker

    What makes you think she is black…Rosario is a Mexican name for one, how do you know she is a descendant of a slave, or is from Kenya…keep your racist remarks to yourself. I know of two white boys who through a huge cinder block over a highway over pass and killed a woman should they be sent back to Europe where their ancestors came from to steal land from the Indians in American, or steal land from the Africans in Africa or steal land from the Aborigines in Australia.

  • Edgar Aguilar

    Conservatives are nothing but parasites in this country. I wish we could kill them all

  • hb

    Parents should be responsible for their kids no matter what. These stupid kids have nobody to watch them, and now you see the consequences.

  • Bea

    They knew what they were doing. They had to lift that cart over railing not just a curb. They knew that it would inflict damage on what ever it hit. This lady’ who always seemed to be giving to others is changed forever while these two
    little punks were just having fun. When that cart was dropped four stories it became a deadly weapon. I have no sympathy for these punks Let them sit
    in jail until she is fully recovered so they can think about what they did to an
    innocent passerby.

    • Donna

      Bea, I agree 100%. How can they plead not guilty – the cart didn’t throw itself over!

  • Gene

    These children should be whipped till they bleed so they can carry the scars. This may be the only way they’ll know right from wrong, through pain. Their parents are useless.

  • Ralph Kootz

    they should be tried as adults for this crime. Adult crime, adult time. 15 yrs incarcerated for this.

  • truth

    these “people” cant be helped. you cant live/shop/work amongst them . they will take all from you.

  • FELICIA

    They should have been” encouraged” to confess what they did and plead GUILTY and face the punishment whatever it is. Not to ever lie about it. I’m happy that they are both being held in a juvenile home and not allowed to return home to their parents right now. I hope the lady will have a speedy recovery.

  • Albert Right

    The same people that support the OW movement probably support this.
    The OWS Movement has collected over $600,000 in donations so far, and yet the homeless are shunned from partaking in their 5-Star Chef prepared meals…

    How about… Occupy a Soup Kitchen?
    Get more ows facts on my site:
    http://www.antimsmnews.blogspot.com

    • Edgar Aguilar

      you have been reported for spamming

      • Ave Aguilar

        Edgar You have been reported for reporting spam and saying you reported spam.

  • FRY’EM

    I hope I get picked for jury duty!!!!!

  • J

    This is the s hit that happens when parents have no moral values, no religious values, don’t teach their kids right from wrong and don’t give a flying f uck and what their kids are doing.

  • sandbagged

    Right, the boys are “sorry”.

    They’re sorry they got caught, they’re sorry that their friend did the right thing and reported the incident to the police, they’re sorry that they forgot there were surveillance cameras rolling.

    They are so, so sorry that they’re pleading “not guilty”. They’re so sorry that they’re going to subject the poor victim’s family to a trial.

    What a joke.

  • Sam

    I’d put them in juvinile til 18 then off to BIG HOUSE for LIFE
    If the woman dies then they would get “DEATH” Penalty at 18

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