NEW YORK (CBSNewYork) – A Queens man has been convicted of murder in the fatal stabbing of a man who died trying to save his younger brother.
Benjamin Moreira, 21, of Elmhurst, was convicted of second-degree murder, first-degree manslaughter, tampering with physical evidence and fourth-degree criminal possession of a weapon on Friday in the July 2010 death of 27-year-old Dario Paiva.
On the night of July 30, 2010, Paiva was home when he got a frantic phone call from his younger brother who said he needed help fending off four attackers outside a video store on Jamaica Ave. near the 85th Street-Forest Parkway subway station, prosecutors said.
Paiva met up with his brother and was told that the alleged attackers had fled up the stairs of the subway station to the J train platform.
Paiva then went up to the platform and after a brief verbal exchange was stabbed once in the chest by Moreira, prosecutors said. Paiva died at Jamaica Hospital.
“This senseless stabbing has robbed a young man of his life and his family of his companionship,” District Attorney Richard Brown said. “Such a vicious act of violence demonstrates that this defendant is a threat to society and deserving of a lengthy prison sentence.”
Moreira faces up to 26 1/3 years to life in prison when he is sentenced on Jan. 27.