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Man Charged With Fatal Shooting Asked Victims If They Were 'Kings:' DA

By Ewa Kern-Jedrychowska | September 9, 2016 9:31am | Updated on September 9, 2016 4:09pm
 Police have released surveillance photos of the suspects in the case.
Police have released surveillance photos of the suspects in the case.
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NYPD

QUEENS — The suspect charged with fatally shooting a 20-year-old man and injuring his two friends allegedly asked the victims whether they were members of the Kings street gang, before firing several rounds into a parked car they were sitting in, according to the Queens District Attorney's office.

Elvin Hernandez, 28, of Jamaica, was arraigned Friday afternoon on a complaint charging him with murder, attempted murder and criminal possession of a weapon, officials said.

The victims were sitting in the car on Jamaica Avenue, near 139th Street, on Sept. 3 when the gunman approached them around 9:30 p.m. and asked, “Are you Kings?” before firing multiple rounds, according to the Queens DA's office. 

Prosecutors believe Hernandez was allegedly affiliated with a rival street gang.

Albert Schaper, 20, of North Bergen, New Jersey, was shot in the chest and was pronounced dead at Jamaica Hospital, according to the NYPD.

Another man, 31, was shot in both arms and taken to Jamaica Hospital where he was listed in stable condition. A third man, 21, was struck by shattered glass and sustained multiple lacerations, police said. 

“This is yet another example of the senseless violence that plagues our communities," Queens District Attorney Richard Brown said in a statement. 

Police, who have released surveillance photos of the suspect in the case, said it was not immediately clear whether the victims were affiliated with the Kings gang.

Hernandez, who lives only a few blocks from where the shooting took place, has no prior criminal history, officials said.

He is being held without bail and is due back in court on Sept. 23.

If convicted, Hernandez faces up to 25 years to life in prison, according to the DA's office.

His attorney did not immediately respond to a phone call seeking comment.