Judge let EMT killer out with no bail after prior incident

by 20/03/2017 11:55:00 0 comments 1 Views
  • Rookie Judge David Kirschner let Jose Gonzalez free without bond on February 26, when he was charged with resisting arrest
  • Three weeks later, Gonzalez would go on to carjack an ambulance and run over an EMT, mother-of-five Yadira Arroyo 
  • Police sources said they were surprised that Gonzalez was allowed to go free for the prior charge, considering his lengthy criminal history
  • Members of Arroyo's family are also upset with the judge's actions   

By Ashley Collman For Dailymail.com and Anna Hopkins For Dailymail.com

Published: 09:18 EDT, 20 March 2017 | Updated: 11:55 EDT, 20 March 2017

Just three weeks before he carjacked an ambulance and fatally ran over an EMT, a judge allowed Jose Gonzalez to walk free without bail after allegedly getting violent with cops during an arrest.

The 25-year-old was arrested last Thursday after killing an EMT and mother-of-five Yadira Arroyo in the Bronx. 

Arroyo and her partner were responding to a call when they were alerted that a man was riding on the back of their vehicle. Arroyo stopped the car to get the man off, and that's when Gonzalez stole the vehicle and drove over her - killing the EMT. 

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Jose Gonzalez Jose Gonzalez
David Kirschner David Kirschner

Judge David Kirschner (right) let Jose Gonzalez (left) free without bail last month, when he was charged with resisting arrest. On Thursday, he carjacked an ambulance and ran over an EMT - killing her

It has since been revealed that Gonzalez was out without bail for another violent incident with emergency workers. 

On February 26, Bronx Criminal Court Judge David Kirschner, who has only been on the bench since June, went against prosecutors' wishes and allowed Gonzalez free without bail for resisting arrest. 

Yadira Arroyo, a 44-year-old mother of five children, was killed by Gonzalez when he ran her over with her ambulance Thursday night in the Bronx Yadira Arroyo, a 44-year-old mother of five children, was killed by Gonzalez when he ran her over with her ambulance Thursday night in the Bronx

Yadira Arroyo, a 44-year-old mother of five children, was killed by Gonzalez when he ran her over with her ambulance Thursday night in the Bronx

Before becoming a judge this summer, Kirschner served for about 12 years as a Bronx prosecutor.  

Cops were reportedly arresting Gonzalez for robbery when he started kicking in the back of a police van and relentlessly insulting the surrounding officers.  

'Suck my d–k while you suck on a dirty p—y, you dirty bitch!' Gonzalez shouted in the video of the incident obtained by the New York Post.

'I broke this window! I did it! What! Take me to the hospital!'

The robbery charges were later dropped because the victim did not want to cooperate.  

Police sources who spoke with the Post thought it was highly unusual that the rookie judge refused to set bail for Gonzalez, who has a criminal history of 31 arrests and six stays in the psychiatric ward.

'Many of [his prior busts] don’t seem that severe, but after a while, a judge has to look at the numbers — 31 arrests is a lot,' one NYPD source said.  'And the one with the cop - they definitely should have at least held him on some bail.'

The victim's grieving family members are also angered that Gonzalez was allowed so many second changes. 

Surveillance footage shows Gonzalez standing on the ambulance's rear bumper clinging to the rear door just before the deadly incident  Surveillance footage shows Gonzalez standing on the ambulance's rear bumper clinging to the rear door just before the deadly incident 

Surveillance footage shows Gonzalez standing on the ambulance's rear bumper clinging to the rear door just before the deadly incident 

Arroyo's body is seen in the street after Gonzalez stole her ambulance and ran her over. The scene was captured by a bystander   Arroyo's body is seen in the street after Gonzalez stole her ambulance and ran her over. The scene was captured by a bystander  

Arroyo's body is seen in the street after Gonzalez stole her ambulance and ran her over. The scene was captured by a bystander  

'We don’t understand why he kept getting released,' her uncle, Edwin Rosado, said. 'He should never have been let out of jail. Especially if they’re saying he’s freaking nuts.' 

In addition to the resisting arrest incident, there were also charges pending against Gonzalez for a June 2016 attack against a worker at the homeless shelter where he lived.  Another Bronx judge, Laurence Busching, also let him out free of bail while he waited for that case. 

This weekend, Gonzalez's father spoke out about his troubled son with ABC 7. 

Jose Gonzalez Sr told police of his 25-year-old son's history with 'Bloods' street gang - who sought him out at a young age after his mother died Jose Gonzalez Sr told police of his 25-year-old son's history with 'Bloods' street gang - who sought him out at a young age after his mother died

Jose Gonzalez Sr told police of his 25-year-old son's history with 'Bloods' street gang - who sought him out at a young age after his mother died

Jose Gonzalez Sr told police of his son had a history with the 'Bloods' street gang who sought him out at a young age after his mother died and that he showed signs of schizophrenia and depression. 

His father issued an apology to the family of EMT Yadira Arroyo, who was a mother of five children, and said he tried his hardest to break through to his son, but to no avail. 

'I'm devastated, and it's hard - the fact that I'm trying to get him to want to become a working person and try to stable himself out. 

'But there's something about his ID, and how he identifies and how he thinks he's looked upon among his peers,' Gonzalez Sr told ABC7. 

'I never expected that he would end up doing something like this, at all,' he said. 

'If anything I thought something would happen to him, because of the way he carries himself.' 

Twenty one of his previous arrests are sealed, but the 10 that aren't include charges of robbery, assault, criminal mischief, criminal possession of marijuana, public lewdness, graffiti and sale of marijuana.

He reportedly lives in an affordable housing apartment opened in 2015 by Volunteers of America for chronically homeless people.  

His father believes that the city failed him - and a mental health professional says the incident reveals the ugly underbelly of state-wide denial of the mentally ill.

'New York City refuses to focus its mental health efforts on the seriously mentally ill,' DJ Jaffe, the executive director of Mental Illness Policy Organization told the Post.

'Police knew he was seriously ill, but the hospital released him without treatment. It's so predictable,' he continued.

A man who lived with Gonzalez Jr at the Creston Avenue Residence homeless shelter in the Bronx said it was clear that the alleged killer had 'different personalities'.

Witnesses who saw him hijack Arroyo's ambulance said that he had previously been going door-to-door begging, before he hopped on to the back of the EMT's vehicle 

When he was finally apprehended, those on the scene said he was 'incoherent' and talking to himself erratically.

As he was being escorted by NYPD from 43rd Precinct early Friday morning to be booked in jail, he told the crowd he was innocent.

Scores of Orroyo's fellow officials lined outside of the precinct and shouted at him as he was escorted out.

'You’re a piece of s***,' one EMT said.

'There’s a special place in hell for people like you,' another added.

Gonzalez Jr is currently facing charges of murder, grand larceny and operating a motor vehicle while impaired by drugs.

His father said that he simply encourages his son to 'be careful, be humble and just pray.'  

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