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

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…

Comments (78)
  1. Truth Hurts You says:

    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!

  2. Kirk says:

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

    1. Don Corzine says:

      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.

    2. Kirk says:

      They copulate? A better description is rape.

    3. keith baz says:

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

      1. Kirk says:

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

    4. MIKE says:


  3. Crime Watch says:

    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.

  4. joey from B'hurst says:

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


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

    1. Crime Watch says:

      Vecca is really Rosemary Rosario the imbecile.

  6. keith baze says:

    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

  7. keith baz says:

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

    1. joey from B'hurst says:

      @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.

      1. Roman says:

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

      2. KEkeith baze says:


  8. bobby says:


  9. Dashark says:

    “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.”

    1. Truth Hurts You says:

      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.

  10. Karen B. says:

    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.

    1. joey from B'hurst says:

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

  11. mo says:

    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.

    1. Jay says:

      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.

  12. moco max says:

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

  13. DFaye Walker says:

    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.

  14. Edgar Aguilar says:

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

  15. hb says:

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

  16. Bea says:

    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.

    1. Donna says:

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

  17. Gene says:

    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.

  18. Ralph Kootz says:

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

  19. truth says:

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

  20. FELICIA says:

    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.

  21. Albert Right says:

    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:

    1. Edgar Aguilar says:

      you have been reported for spamming

      1. Ave Aguilar says:

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

  22. FRY'EM says:

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

  23. J says:

    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.

  24. sandbagged says:

    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.

  25. Sam says:

    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

  26. Justin says:

    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.

  27. Andre 2011 says:

    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 !

  28. W.R. Jennings says:

    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!!

  29. Janet says:

    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…

  30. Justin says:

    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.

  31. George says:


    1. Huh says:

      Shut up George

  32. Calvin says:

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



    1. Very conservative says:

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

  33. Calvin says:

    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

    1. single mom of two says:

      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.

  34. Liberals are Evil says:

    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!

  35. Sick of It says:

    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.

    1. George says:


    2. Huh says:

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

  36. littledevil says:

    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.

  37. Ann says:

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

  38. Send them to JAIL says:

    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.

  39. karen s says:

    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.

  40. Mass Transit says:

    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

  41. brendatobias says:

    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.

  42. Vik says:

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

  43. George says:

    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.

  44. Thomas Mclaughlin says:

    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!!

    1. Huh says:

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

      1. joey from B'hurst says:

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

        1. Kim Bailey says:

          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****

    2. Ann says:

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

  45. thetruth says:

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

  46. yousandi says:

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

  47. Linda says:

    Give them community service in a jail.

  48. Joebh says:

    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.

  49. Ethan Kavet says:

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

  50. EMC says:

    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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