Roberto Cruz | Homicide Watch Trenton

Hamilton man gets 16 years for Chambersburg slaying

Sulaiman Abdur-Rahman — Thu, 26 Dec 2019 19:15:18 -0500

The triggerman who shot and killed Emilio Lopez during a 2012 robbery in Trenton’s Chambersburg neighborhood has been sentenced to 16 years of incarceration.

Emmanuel Cruz

Emmanuel Cruz, 32, of Hamilton, is currently booked at the Central Reception and Assignment Facility in Ewing Township and must serve 85 percent of the sentence behind bars before being eligible for parole, records show.

Cruz pleaded guilty to first-degree aggravated manslaughter last month, admitting he fatally shot the 34-year-old victim near the intersection of Kent and Division streets on Nov. 16, 2012.

Cruz was the fourth and final defendant arrested in the case. He took responsibility for the homicide, while the original three co-defendants pleaded guilty to first-degree robbery.

Kenneth C. Rivera, 26, of Trenton; Jose Rivera, 26, of Trenton; and Roberto Cruz, 38, of Trenton, are scheduled to be sentenced next month for their roles in the violent crime against Lopez. The self-confessed robbers are cousins, and all of them identified Emmanuel Cruz as the triggerman.

(From left) Kenneth Rivera, Jose Rivera and Roberto Cruz

Surveillance video of the slaying showed Lopez walking down the street and getting shot while four robbers surrounded him, according to the Mercer County Prosecutor’s Office. Lopez was rushed to Capital Health Regional Medical Center, where he ultimately died from his fatal wounds.

Within 48 hours of the slaying, police arrested Kenneth Rivera, Jose Rivera and Roberto Cruz, charging the trio with murder. Authorities four years later arrested Emmanuel Cruz on murder charges after the three original co-defendants became state cooperating witnesses.

One of the robbers, Roberto Cruz, is Emmanuel Cruz’s brother.

An indictment handed up in April 2017 charged Emmanuel Cruz with first-degree murder, first-degree murder during the commission of a crime, first-degree armed robbery, second-degree unlawful possession of a handgun without a permit to carry, second-degree possession of a firearm for an unlawful purpose and second-degree certain persons not to have a weapon due to a prior conviction.

Emmanuel Cruz pleaded guilty to an amended count of aggravated manslaughter Nov. 4, and Superior Court Judge Darlene Pereksta sentenced him to 16 years of state incarceration on Dec. 13. He will be subjected to five years of parole supervision upon release, according to the judgment of conviction.

In accordance with the negotiated plea agreement, Pereksta dismissed the remaining counts in the indictment against Emmanuel Cruz. She further ordered him to pay more than $5,000 in restitution to the Victims of Crime Compensation Office and gave him 30 days to file a motion of opposition if he objects to the amount imposed.

Emmanuel Cruz received 1,089 days of jail credit for being in custody from Dec. 19, 2016, to Dec. 12, 2019, on $1 million cash bail, records show.

Emmanuel Cruz ( New Jersey Department of Corrections Photo)

Cruz previously pleaded guilty in 2012 to fourth-degree aggravated assault with a firearm and was sentenced to 18 months in jail. He also has one prior municipal court conviction and one outstanding bench warrant in Trenton, according to public records.

Defense attorney David P. Schroth represented Emmanuel Cruz at the Dec. 13 sentencing hearing. Mercer County Assistant Prosecutor Michael Grillo handled the case.

Emmanuel Cruz is scheduled to be released from state prison on July 25, 2030, according to the New Jersey Department of Corrections.

Alleged gunman in fatal Chambersburg robbery gets post-indictment hearing

Sulaiman Abdur-Rahman — Tue, 02 May 2017 20:09:31 -0400

The alleged gunman who shot and killed Emilio Lopez during a 2012 robbery in Trenton’s Chambersburg neighborhood is gearing up for a post-indictment arraignment.

Emmanuel Cruz, 29, of Hamilton, is scheduled to appear in court 9 a.m. next Monday before Mercer County Superior Court Judge Darlene Pereksta. A grand jury indicted him last month on six counts, including murder, robbery and possession of a weapon for an unlawful purpose on allegations he fatally gunned down Lopez on the night of Nov. 16, 2012, near the intersection of Kent and Division streets.

Emmanuel Cruz

Surveillance video of the slaying showed Lopez, 34, walking down the street and getting shot while four robbers surrounded him, according to the Mercer County Prosecutor’s Office. Lopez was rushed to Capital Health Regional Medical Center but died from his mortal wounds.

While Cruz maintains his innocence, three other defendants in the case — a trio of cousins who got arrested less than 48 hours after the murder — have all pleaded guilty to first-degree robbery and are accusing Cruz of being the killer.

Jose Rivera, 24, of Trenton, pleaded guilty on Oct. 7, 2016; Roberto Cruz, 36, of Trenton, pleaded guilty on Nov. 16, 2016; and Kenneth C. Rivera, 24, of Trenton, pleaded guilty March 13. All three self-confessed robbers are cooperating witnesses in Emmanuel Cruz’s murder case, which appears to be heading to trial.

Police arrested Emmanuel Cruz last December in Bucks County, Pennsylvania, more than four years after the grisly robbery-turned-murder. He is Roberto Cruz’s brother and is being held on $500,000 cash bail.

Roberto Cruz was set to get hammered with a prison sentence last Friday, but the hearing has been postponed to July 28 while Jose Rivera and Kenneth Rivera are scheduled to be sentenced next month for their roles in robbing Emilio Lopez on the night he was shot and killed.

However, there is a good chance the three self-confessed robbers will not be sentenced until after Emmanuel Cruz’s murder case is resolved with an acquittal, conviction, plea deal or dismissal of all charges, because the three of them have all chosen to become cooperating witnesses in the murder case.

Emmanuel Cruz in 2012 pleaded guilty to fourth-degree aggravated assault with a firearm and was sentenced to 18 months behind bars. Court records show he is currently being represented by defense attorney David Schroth.

Mercer County Assistant Prosecutor James Scott is handling the murder case on behalf of the state.

Prosecutors: Video shows shooting death of Chambersburg murder victim

Sulaiman Abdur-Rahman — Tue, 27 Dec 2016 15:47:38 -0500

Emmanuel Cruz

Recently arrested murder suspect Emmanuel Cruz killed Emilio Lopez in cold blood during a 2012 city robbery and the whole shebang was recorded on surveillance footage, authorities alleged.

Mercer County Assistant Prosecutor Michelle Gasparian at a bail hearing Tuesday said the state has identified three cooperating witnesses who have all fingered 29-year-old Cruz as the alleged gunman who had shot and killed Lopez four years ago in Trenton.

Lopez, 34, was slain Nov. 16, 2012, in the 100 block of Kent Street in the city’s Chambersburg neighborhood.

Gasparian said four individuals, including Cruz, were “looking to rob individuals on the street” on the night of the murder. She said the entire incident was caught on video of Lopez walking down the street before being surrounded by the suspects and shot and killed.

The surveillance video corroborates the cooperating witness accounts, Gasparian said.

Members of the U.S. Marshals Service arrested Cruz on Dec. 19 in Falls Township, Pa. He has been charged with murder, robbery and related weapons offenses in connection with Lopez’s death.

Three other men, whom are all cousins, were previously arrested in connection with Lopez’s death within a week of the murder. Those three defendants have been identified as Roberto Cruz, Jose Rivera and Kenneth Rivera; they remain in jail awaiting trial on murder charges. Emmanuel Cruz is Roberto Cruz’s brother.

Considering the evidence in the case and the fact that Cruz has previously served 18 months behind bars on a 2012 felony conviction, Gasparian successfully argued for Judge Thomas M. Brown to maintain Cruz’s bail at $1 million cash or bond Tuesday.

Cruz’s public defender Aletha Sheppard unsuccessfully argued for the bail to be reduced to $250,000. She called the million-dollar bail “extremely excessive” and said Cruz “has substantial ties to the community,” adding Cruz has a fiancée and a 9-year-old daughter.

Brown said he was keeping Cruz’s bail at $1 million cash or bond due to the strength of the case.

Alleged shooter arrested for 2012 homicide

Penny Ray — Tue, 20 Dec 2016 14:05:22 -0500

File photo - Evidence markers litter a crime scene.

A fourth person has been arrested in connection with the 2012 death of Emilio Lopez.

Emmanuel Cruz, 29, was arrested in Falls Township, Pa., Monday night by members of the U.S. Marshals Service. He is charged with murder, robbery and related weapons offenses in connection with Lopez’s death.

Three other men, whom are all cousins, were previously arrested in connection with Lopez’s death. Officials say investigators developed new information indicating Cruz was the shooter. Charges against him were signed yesterday, and police apprehended Cruz inside a Falls Township apartment later that night.

Lopez, 34, was killed November 16, 2012, in the 100 block of Kent Street in Trenton. Witnesses reported Lopez was shot at point-blank range when a van pulled up alongside him.

A trio of cousins — Roberto Cruz, Jose Rivera and Kenneth Rivera — were arrested and charged with murder within a week of Lopez’s death; they remain in jail awaiting trial. Emmanuel Cruz is Roberto Cruz's brother.

Prosecutors say video footage shows Lopez crossing near Kent Street when he is approached by several suspects from different angles. They boxed him in, prosecutors say, and one of them shot Lopez in the back.

Cruz’s bail was set at $1 million.

Murder trial pushed back as prosecutors seek possible DNA evidence

Isaac Avilucea — Thu, 13 Aug 2015 15:28:41 -0400

A judge delayed the murder trial for three men suspected in the fatal shooting death of 34-year-old Emilio Lopez, in part so prosecutors can seek a superseding indictment that would charge the defendants with robbery and felony murder.

Despite an objection from one defense attorney, Assistant Prosecutor James Scott on Thursday was granted an adjournment in the murder trial of Roberto Cruz, Kenneth Rivera and Jose Rivera, all of whom are cousins and all of whom were set to be tried in late September on counts of murder and weapons offenses.

Judge Robert Billmeier agreed to delay the trial in order to give prosecutors a chance to test evidence for possible DNA matches to the defendants and for additional undisclosed discovery to be turned over to defense attorneys.

In the meantime, Scott, who took over the case for Assistant Prosecutor Michelle Gasparian, told the court that after reviewing the evidence in the case, he plans to go back before the grand jury to seek the additional charges of felony murder and first-degree robbery against each defendant.

Previously, prosecutors had not disclosed a motive in the slaying of Lopez, who was fatally shot in the back after he was allegedly approached by the men from different angles and boxed in near Kent Street.

If a grand jury returns a subsequent indictment charging the men with robbery and felony murder, prosecutors would have their motive for the murder.

The felony murder charge would mean prosecutors do not have to prove the men intended to kill Lopez, just that he was killed during an attempted robbery.

Prosecutors would also not be required to prove the defendants took Lopez’s property by force, only that they intended to.

Scott revealed for the first time Thursday he has evidence – in the form of text messages Jose Rivera allegedly exchanged with an unknown party – that shows a conversation in which the defendant talked about committing robberies.

Scott said Jose Rivera allegedly responds to an unknown party by saying, “It’s too hot out here” to commit robberies.

Scott said the text message, possibly sent from an Internet website, could not be traced.

The case against the defendants is largely circumstantial.

A murder weapon was never recovered, although investigators believe each man was armed. However, it has never been determined who fired the fatal shot, prosecutors said.

Prosecutors say they have cell phone tower evidence that puts at least two of the defendants in the area of the murder on the night in question.

But prosecutors are hoping to bolster their case by securing irrefutable forensics. Scott said he plans to have some of the clothing the men wore the night of the murder tested at the State Police crime lab for traces of the victim’s DNA.

It had not been previously tested, even though the victim bled and vomited, Scott said. Some of those bodily fluids could have been absorbed by the defendants’ clothes if they were in close proximity.

The defendants agreed to turn over DNA swabs, known as buccal swabs, to prosecutors. None of their attorneys objected to their clients providing DNA samples, hoping it could lead to their clients being exonerated.

However, Andrew Duclair, the attorney for Kenneth Rivera, asked the court that defense attorneys be allowed the opportunity to renegotiate plea deals with prosecutors on behalf of their clients once the results of the DNA tests are turned over in discovery. All three men were offered 30-year state prison sentences for murder.

After the hearing, they were taken downstairs where officials obtained a swab from the inside of each of the three men’s cheeks.

Scott believes the DNA swabs could just as well help him link the defendants to a vehicle allegedly driven by Jose Rivera the night of the murder. Inside, authorities found drink containers that could contain small traces of biological material unique to each of the defendants.

Beyond that, prosecutors have a formal statement from Jose Rivera’s mother, Maria Torres, in which she told police she lent her son her minivan around 8 p.m. the night of the murder.

Further, Scott said, she told police that when Jose Rivera picked her up from work around 11 p.m., several people were in the vehicle with him, including Roberto Cruz, putting at least two of the defendants together within an hour of the murder.

She said she was dropped off at home at 11:30 p.m., about 15 minutes before Lopez was killed, Scott said. Scott plans to call Torres as a witness but is worried she could recant her prior statement to police. If that happens, prosecutors would want to have Torres’ prior statement to police admitted into evidence. The issue will likely be hashed out at trial.

The defendants, all of whom remain incarcerated on high bails, are scheduled to have bail reconsideration hearings in the coming weeks. After that, they are next set to appear in court in November for a status hearing.

Three men to be tried together for murder of Emilio Lopez

Isaac Avilucea — Mon, 30 Mar 2015 17:26:35 -0400

Three men charged in the fatal shooting death of 34-year-old Emilio Lopez rejected prosecutors’ offer calling for 30-year sentences for murder and are expected to be tried together.

No trial date has been set for Roberto Cruz, 33, Kenneth Rivera and Jose Rivera, both 21, who all face up to 75 years in state prison if they are convicted by a jury of charges of murder and weapons offenses in the Nov. 16, 2012 death of Lopez.

No motive has been established for the slaying, and it doesn’t appear any of the defendants had any known associations with the victim, Assistant Prosecutor Michelle Gasparian said.

Video surveillance appears to show Lopez crossing near Kent Street when he is approached by the three cousins, each from a different angles, Gasparian said. They boxed him in and surveillance captures the spark of a gun blast as Lopez was shot in the back.

The murder weapon was never recovered, and although investigators know each defendant was armed, they have not been determined which one fired the fatal shot, prosecutors said.

Gasparian said she intends to call an expert witness to the stand who will testify cell phone tower evidence puts at least two of the defendants in the area of the murder on the night in question.

Authorities arrested Cruz hours after the slaying wearing the same clothes used in the murder, Gasparian said. A minivan that served as the getaway vehicle is registered to Jose Rivera’s mother, Gasparian said.

Gasparian said authorities also have a statement from Kenneth Rivera but don’t plan to use it at trial unless he takes the stand and says something that contradicts with what he told police, All three are expected back in court in June for a voir dire conference.

Police make three arrests, issue warrant in Friday homicides

Brian Dzenis — Sun, 18 Nov 2012 14:39:16 -0500

Trenton police have arrested three men in connection with the murder of Emilio Lopez and have issued a warrant for the arrest of William Marshall in connection to the murder of Ruschell Fireall.

William Marshall

Lopez, 34, was killed on the 100 block of Kent Street in what was initially reported as a stabbing, but police later learned he had been fatally shot.
Witnesses reported that a van had pulled up and someone shot Lopez at point-blank range.
Det. Brian Egan along with Det. Tony Abarno of the Mercer County Prosecutor's Office were assigned to the case and spent the weekend canvassing for witnesses and reviewed video surveillance.
The detectives, with the assistance of detectives Ryan Woodhead and Jason Snyder and officers Jonathan Woodhead and Luis Vega, had enough information to arrest Trenton residents Roberto Cruz, 31, Jose Rivera, 19 and Kenneth Rivera, 19.
They were each charged with murder and weapons offenses. The case is still an ongoing investigation.
Marshall is accused of chasing Fireall, his ex-girlfriend, until she parked her car on the sidewalk of the 300 block of Pennington Avenue.

Fireall, who had placed a restraining order against Marshall, got out of her car to confront him when she was shot multiple times.

Ruschell Fireall

Marshall, 44, is considered to be armed and dangerous. According to New Jersey court records, he had served time in prison on assault and burglary charges. Det. Edgar Rios and Det. Tom Watters from the prosecutor's office are investigating the case.
Anyone with information in either case can call Trenton police at (609) 989-4000 or contact Crime Stoppers at (609) 278-8477, or texting to 274637 with the keyword “TCTIPS,” or submitting a tip online at trentoncrimestoppers.com.