STATEN ISLAND, N.Y. — A grand jury Thursday dismissed the case against a man accused in a fatal Christmas Day encounter in Concord.
The jury chose not to indict Emmanuel “E.J.” Diaz, 32, in the death of 36-year-old Rafael Ramos on charges that included second-degree murder, first-degree strangulation and criminal obstruction of breathing.
Diaz’s lawyer, Mark Fonte, said Sunday after his client’s arraignment that Diaz acted in self defense when Ramos came to his Clove Road apartment armed with a box cutter.
On Thursday, Fonte credited the office of District Attorney Michael McMahon for its professionalism and for presenting the facts of the case to the grand jury.
“The right to self defense has just been reaffirmed on Staten Island. An armed intruder entered my client’s residence Christmas morning and slashed my client’s face,” Fonte said. “He had every right to protect his wife, two small kids and himself. If self defense isn’t warranted here it would be a travesty.”
McMahon concurred.
“Following a thorough investigation of all of the facts and evidence in this case, my office presented that evidence fairly and impartially to the grand jury, as is our obligation and duty to the People of Staten Island,” he said.
“We regret the tragic circumstances that led to this incident culminating in the death of Mr. Ramos, and extend our deepest condolences to his family, who have suffered the loss of a loved one during this holiday season.”
In the moments surrounding the violence, multiple tenants in the Elbee Gardens Apartments in Concord called 911, stating a man armed with a sharp instrument — who turned out to be Ramos — was banging on apartment doors, an NYPD spokesman said Monday.
Some of Ramos’ family members said he would bounce between the apartment of his longtime girlfriend and their children in the same Concord apartment building, and a family member’s house in Dongan Hills.
Ramos’ mother said Monday her son was under the impression Diaz and his girlfriend were romantically involved.
She recalled that Diaz — who she described as a loving father, and her right-hand — recently had attended a child’s birthday party at Ramos’ apartment.
She added that her son had a contentious past with his girlfriend’s mother, including an altercation that had to be resolved in the court system. She noted that her son was known to have a temper.
Police said the altercation on Christmas Day between Ramos and Diaz occurred on the second floor of the building.
Diaz was slashed in the face while struggling with Ramos, but ultimately applied a choke hold that resulted in Ramos’ death, Richmond County prosecutors wrote in the criminal complaint. Ramos’ family said he was struck in the head with a nebulizer during the altercation.
Jalissa Carrasco, Diaz’s spouse, was there the day of the incident and outside the courthouse Thursday waiting to greet her husband. Diaz’s parents — Yamel Diaz and Mark Diaz — along with his friends and family —Tricia Jaccoma, Austin Willard, Angel Pagan, and Eddie Martinez — joined Carrasco outside the courthouse.
Diaz’s mother said that she was glad her son was coming home, but expressed remorse for the man who lost his life and his family.