Man convicted of fatally shooting baby in 2006 may get new trial
The man convicted of killing a 2-year-old boy with a stray bullet in 2006 may be getting a new trial.
David Pacheco says he's found ways to cope and honor his son, David Pacheco Jr., with vigils and visits to his grave.
He says he's shocked his son's convicted killer could be getting a new trial.
Darrell Hemphill was convicted in 2015 and sentenced to 25 years to life in prison. However, after a series of appeals, the U.S. Supreme Court determined Hemphill's rights were violated during the trial when statements were used by a witness who didn't take the stand.
It's now heading back to the state to determine if there should be a new trial.
"I don't care what I go to do, what I have to do, he deserves to be in there," says Pacheco.
The Supreme Court's decision sends the case back to the state Court of Appeals. News 12 is told there is no timeline regarding if there will be a new trial.
The Bronx District Attorney's Office says the ruling doesn't overturn the conviction and Hemphill is still in jail.
News 12 reached out to Hemphill's attorney for comment.