David Pacheco, 2, Was Killed By Stray Bullet While Sitting In Family’s Car

NEW YORK (CBSNewYork) — Years after a 2-year-old boy was killed by gunfire on Easter Sunday, there has been a break in the case. A new suspect is under arrest.

An assistant district attorney fingered a former Bronx resident, who was located in North Carolina and brought to New York. Daryl Hemphill, 35, was arraigned for murder in case that’s 7 years old.

The mother of the victim is Joanne Sanabria.

“I just want closure. Nothing is going to bring him back. Nothing is going to bring him back,” Sanabria told CBS 2’s John Slattery on Friday.

Her son was David Pacheco, who was just 2 ½ years old when he was shot and killed by a stray bullet on Easter Sunday in 2006.

The child had been in a van driven by his mother, when a bullet went through a door and fatally hit the toddler. Police arrested two men. One was released. The other, Nicholas Morris, was tried.

“I didn’t do it,” Morris said at the time.

But after two years, the case was dismissed when it was determined that Morris’s .357 Magnum was not the murder weapon. The new suspect, Hemphill, was identified as a suspect two years ago when DNA from a blue sweater found at the scene linked him to the crime. Hemphill’s attorney questioned the DA’s case.

“They seem to persist in making errors in who is responsible in this case,” Eric Sears said.

CBS 2’s Slattery met with the victim’s mother at her home before the proceeding. There, she displayed a tattoo on her back in tribute to her lost son.

“I’m incomplete. I’ll always be incomplete. A part of me is missing,” Sanabria said.

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