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The alleged incicent occurred at the intersection of Seneca Avenue and Woodbine Street.
By Forum Staff
A grand jury has indicted a 24-year-old Queens man for murder, manslaughter and other crimes in the death of a bicyclist killed following a deadly strike on August 28, 2018.
Sean Martin of 101stStreet in OzoneParkperformed a maneuver called a “kick out”, while aboard his all terrain vehicle (ATV). The maneuver is meant to intentionally strike the bicycle and knock the cyclist to the ground.
Martin caused Eucario Xelo, 65, on his was to his Brooklyn home from a dishwashing job at a restaurant in Queens,to be knocked to the ground. He hit his head and died as a result of the injury.
District Attorney Brown said, “The defendant in this case is accused of using a trick maneuver to intentionally knock a 65-year-old rider from his bike. The victim in this case took every precaution to be safe. He wore reflective gear to be seen by motorists, but none of that mattered when he rode from his job in Queens toward his home in Brooklyn early that morning. The defendant is alleged to have set out to knock the man from the bike and after succeeding, video surveillance shows him attempting the move with another cyclist just blocks away. This was an egregious and senseless act of depravity. The defendant now faces the possibility of spending the rest of his days locked away from civilized society.”
Martin was arraigned last Thursday before Queens Supreme Court Justice Michael B. Aloise who held him without bail and ordered him to return to court on December 13, 2018. Martin is charged in an eight-count indictment with second-degreemurder,first-degree assault, first- and-second degree manslaughter, first-degree attempted assault, first-degree reckless endangerment,third-degree criminal possession of a weapon and leaving the scenewithout reporting. If convicted, the defendant faces up to 25 years to life in prison.
According to the indictment, at approximately 1 a.m. on August 28, 2018, Martin is seen on video surveillance approaching the victim from behind at the intersection of Seneca Avenue and Woodbine Street. The defendant intentionally performed a “kick out” move from his ATV, which was operating illegally on a city street. This caused the rear tires of the ATV to kick outward and the back end of the ATV bumped into the bicycle of the victim. At impact, Mr. Xelo fell from his bicycle and hit his head on the pavement. He died at a hospital days later.
The defendant did not offer assistance to the fallen man. Instead, he rode away and allegedly sought out another bike rider to strike. Minutes later the defendant is allegedly captured on surveillance footage approaching a bike rider at Summerfield Street and Cypress Avenue. The defendant is alleged to have again caused the rear tires of the ATV to “kick out” toward the bicyclist. The individual on the bike managed to swerve just in time to avoid the