By Shayna Jacobs
DNAinfo Reporter/Producer
MANHATTAN SUPREME COURT — A teen on trial for murder took the stand in his own defense Friday and said he did not kill another teen in a Hester Street melee last year.
Victor Fong, 18, is accused of murdering Nelson "Punchy" Pena, 18, and slashing the neck of Vincent Rivera, 17, during a fight in Chinatown on Nov. 18, 2009. He testified Friday that he cut Rivera in self defense, but had nothing to do with Pena's death.
"Did you see 'Punchy' Pena at any time during this incident?" Fong's lawyer Rae Koshetz asked him.
"No," Fong replied.
He also gave his version of events that day.
Fong testified that he and two friends were walking home from an immigration center where they tutored children when they were jumped by a group of Hispanic teens.
"I'm worried about getting jumped. I'm still standing here [and] I hear a familiar voice from behind me," said Fong.
It was the voice of Jesus Baez, 18, a purported gang member who had been arrested previously for assaulting Fong. Baez, who attended middle school with Fong, was with a group of friends, Fong testified.
Rivera was one of them. He went after Fong, beating him in the head with a metal cane, Fong testified. The act was caught on store surveillance video and shown to jurors.
He said Rivera — "a kid that's twice my size" — beat him with the cane until he swung his pocketknife at the large assailant, nicking him in the neck.
The knife, he explained, was something he sometimes carried for protection against muggers.
Fong was charged with second-degree murder and attempted murder for allegedly stabbing Pena to death and cutting Rivera on the neck.
Defense lawyers have argued Fong could not have been Pena's killer because they say the video surveillance showed he was defending himself against Rivera's assault and not in the vicinity of the fatal stabbing.
Fong said after the brawl he turned off his cell phone and stayed away from Chinatown for days because he was confused and afraid.
"I was scared. I was panicking," he said, adding it was "pretty stupid of me" not to have gone to the police after the fight.
Baez completed his testimony Friday morning and after a long cross-examination, admitted he did not see Fong stab Pena. He said he saw them fist fighting but did not witness the fatal stabbing.
Jurors are expected to begin deliberations on Monday in Manhattan Supreme Court.
